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A02506 Summary:

BILL NOA02506
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §103, Pub Off L
 
Relates to the availability of agency records prior to or at an open meeting; removes the "to the extent practicable at least twenty-four hours" limitation from the requirement that agencies and departments shall make records available.
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A02506 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2506
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public officers law, in relation to the availability of agency records prior to or at an open meeting   PURPOSE: To make documents to be discussed at open meetings more accessible, to the public.   SUMMARY OF PROVISIONS: Section 1 amends section 103 of the public officers law to remove the phrase "to the extent practicable" so that documents to be discussed at open meetings are more accessible to the public. Section 2 provides the effective date.   JUSTIFICATION: The Open Meetings Law is intended to empower the public through the availability and accessibility of meetings of public bodies. In an effort to provide the public with useful information, section 103 of the law also requires agencies to post and make available any documents scheduled to be discussed prior to-such meetings. However, section 103 of the Open Meetings Law requires agencies to make any documents to be discussed at an upcoming open meeting available to the public, "to the extent practicable." This vague phrase has created loopholes and a way for agencies to bypass this requirement. COVID-19 has made it apparent that there is technology readily available for agencies to use in an effort to be more transparent. Meetings are only taking place virtually and individuals are at an immense disadvan- tage because there is no in-person opportunity to request a hard copy of any documents at the meeting. Therefore, it is even more important that agencies make documents that will be discussed at open meetings more accessible to the public. This bill would remove the phrase "to the extent practicable" from subdivision (e) of section 103 so that public bodies can no longer ignore this requirement. This bill would make open meeting documents more accessible to the public and would ultimately equip the public with more information so they can understand the actions and decisions of public bodies and hold authorities accountable.   LEGISLATIVE HISTORY: 2021-2022: A7355 referred to government operations / Same as 58388 referred to investigations and government operations   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately
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A02506 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2506
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the public officers law, in relation to the availability
          of agency records prior to or at an open meeting
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (e) of section 103 of the public officers  law,
     2  as  amended  by  chapter  481 of the laws of 2021, is amended to read as
     3  follows:
     4    (e) Agency records available to the public pursuant to article six  of
     5  this chapter, as well as any proposed resolution, law, rule, regulation,
     6  policy  or any amendment thereto, that is scheduled to be the subject of
     7  discussion by a public body during an open meeting shall be made  avail-
     8  able,  upon  request therefor, [to the extent practicable at least twen-
     9  ty-four hours] prior to the meeting during which  the  records  will  be
    10  discussed. Copies of such records may be made available for a reasonable
    11  fee,  determined  in the same manner as provided therefor in article six
    12  of this chapter. If the agency in which a public  body  functions  main-
    13  tains  a  regularly  and  routinely  updated website and utilizes a high
    14  speed internet connection, such records shall be posted on  the  website
    15  to  the extent practicable at least twenty-four hours prior to the meet-
    16  ing. An agency may, but shall not  be  required  to,  expend  additional
    17  moneys to implement the provisions of this subdivision.
    18    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05296-01-3
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