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S02598 Summary:

BILL NOS02598A
 
SAME ASNo Same As
 
SPONSORMAYER
 
COSPNSR
 
MLTSPNSR
 
Amd §239-c, Gen Muni L; amd §§27 & 81, Gen City L; amd §§267 & 271, Town L; amd §§7-712 & 7-718, Vil L
 
Expands the training time for local municipalities in relation to the open meetings law; requires at least one hour of such training be provided by the committee on open government or an appropriate entity in relation to compliance with the open meetings law and if not provided, a justification shall be given.
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S02598 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2598--A
            Cal. No. 176
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 21, 2025
                                       ___________
 
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government -- recom-
          mitted to the Committee on Local Government in accordance with  Senate
          Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
          first and second report, ordered  to  a  third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        AN  ACT  to  amend  the general municipal law, the general city law, the
          town law and the  village  law,  in  relation  to  expanding  training
          requirements  for  municipalities  in  relation to compliance with the
          open meetings law
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (d)  of  subdivision 2 of section 239-c of the
     2  general municipal law, as amended by chapter 662 of the laws of 2006, is
     3  amended to read as follows:
     4    (d) Training and attendance requirements. (i) Each member of a  county
     5  planning board shall complete, at a minimum, [four] five hours of train-
     6  ing  each year designed to enable such members to more effectively carry
     7  out their duties. Training received by a member in excess of [four] five
     8  hours in any one year may be carried over by the member into  succeeding
     9  years in order to meet the requirements of this paragraph. Such training
    10  shall  be approved by the county and may include, but not be limited to,
    11  training provided by a regional or county planning office or commission,
    12  county planning federation, state agency,  statewide  municipal  associ-
    13  ation,  college or other similar entity, provided that at least one hour
    14  of such training is provided by the  committee  on  open  government  or
    15  another appropriate entity in relation to compliance with the open meet-
    16  ings  law.   Training may be provided in a variety of formats, including
    17  but not limited to,  electronic  media,  video,  distance  learning  and
    18  traditional classroom training.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06890-02-6

        S. 2598--A                          2
 
     1    (ii) To be eligible for reappointment to such board, such member shall
     2  have  completed  the  training  promoted  by the county pursuant to this
     3  paragraph.
     4    (iii)  The  training required by this paragraph may be waived or modi-
     5  fied by the county when, in the judgment of the governing board,  it  is
     6  in  the  best  interest of the county to do so provided that such county
     7  shall provide public notice, including a justification, of  their  deci-
     8  sion to waive or modify training requirements.
     9    (iv)  No  decision  of  a  county  planning  board  shall be voided or
    10  declared invalid because of a failure to comply with this paragraph.
    11    § 2. Subdivision 7-a of section 27 of the general city law,  as  added
    12  by chapter 662 of the laws of 2006, is amended to read as follows:
    13    7-a. Training and attendance requirements. a. Each member of the plan-
    14  ning board of a city, except a city having a population of more than one
    15  million,  shall  complete,  at  a minimum, [four] five hours of training
    16  each year designed to enable such members to more effectively carry  out
    17  their  duties.  Training  received  by a member in excess of [four] five
    18  hours in any one year may be carried over by the member into  succeeding
    19  years in order to meet the requirements of this subdivision. Such train-
    20  ing  shall  be approved by the legislative body and may include, but not
    21  be limited to, training provided by a municipality, regional  or  county
    22  planning office or commission, county planning federation, state agency,
    23  statewide  municipal  association,  college  or  other  similar  entity,
    24  provided that at least one hour of such  training  is  provided  by  the
    25  committee  on  open government or another appropriate entity in relation
    26  to compliance with the open meetings law. Training may be provided in  a
    27  variety  of  formats,  including  but  not limited to, electronic media,
    28  video, distance learning and traditional classroom training.
    29    b. To be eligible for reappointment to such board, such  member  shall
    30  have completed the training promoted by the city pursuant to this subdi-
    31  vision.
    32    c. The training required by this subdivision may be waived or modified
    33  by  resolution of the legislative body of the city when, in the judgment
    34  of such legislative body, it is in the best interest of the city  to  do
    35  so,  provided that such resolution shall include a justification for the
    36  city's decision to waive or modify such training requirements.
    37    d. No decision of a planning board shall be voided or declared invalid
    38  because of a failure to comply with this subdivision.
    39    § 3. Subdivision 7-a of section 81 of the general city law,  as  added
    40  by chapter 662 of the laws of 2006, is amended to read as follows:
    41    7-a.  Training  and  attendance  requirements.  (a) Each member of the
    42  board of appeals in a city, except a city having a  population  of  more
    43  than  one  million,  shall  complete, at a minimum, [four] five hours of
    44  training each year designed to enable such members to  more  effectively
    45  carry  out  their  duties.  Training  received  by a member in excess of
    46  [four] five hours in any one year may be carried over by the member into
    47  succeeding years in order to meet the requirements of this  subdivision.
    48  Such training shall be approved by the legislative body and may include,
    49  but  not be limited to, training provided by a municipality, regional or
    50  county planning office or commission, county planning federation,  state
    51  agency,  statewide  municipal  association,  college  or  other  similar
    52  entity, provided that at least one hour of such training is provided  by
    53  the  committee  on  open  government  or  another  appropriate entity in
    54  relation to compliance with the  open  meetings  law.  Training  may  be
    55  provided  in  a  variety of formats, including but not limited to, elec-

        S. 2598--A                          3
 
     1  tronic media, video, distance learning and traditional classroom  train-
     2  ing.
     3    (b)  To be eligible for reappointment to such board, such member shall
     4  have completed the training promoted by the city pursuant to this subdi-
     5  vision.
     6    (c) The training required by this subdivision may be waived  or  modi-
     7  fied  by  resolution  of  the  legislative body of the city when, in the
     8  judgement of such legislative body, it is in the best  interest  of  the
     9  city  to do so, provided that such resolution shall include a justifica-
    10  tion for the city's decision to waive or modify such  training  require-
    11  ments.
    12    (d)  No  decision  of  a  board of appeals shall be voided or declared
    13  invalid because of a failure to comply with this subdivision.
    14    § 4. Subdivision 7-a of section 267 of the town law, as added by chap-
    15  ter 662 of the laws of 2006, is amended to read as follows:
    16    7-a. Training and attendance requirements.  (a)  Each  member  of  the
    17  board  of  appeals  shall  complete,  at a minimum, [four] five hours of
    18  training each year designed to enable such members to  more  effectively
    19  carry  out  their  duties.  Training  received  by a member in excess of
    20  [four] five hours in any one year may be carried over by the member into
    21  succeeding years in order to meet the requirements of this  subdivision.
    22  Such  training  shall be approved by the town board and may include, but
    23  not be limited to, training provided  by  a  municipality,  regional  or
    24  county  planning office or commission, county planning federation, state
    25  agency,  statewide  municipal  association,  college  or  other  similar
    26  entity,  provided that at least one hour of such training is provided by
    27  the committee on  open  government  or  another  appropriate  entity  in
    28  relation  to  compliance  with  the  open  meetings law. Training may be
    29  provided in a variety of formats, including but not  limited  to,  elec-
    30  tronic  media, video, distance learning and traditional classroom train-
    31  ing.
    32    (b) To be eligible for reappointment to such board, such member  shall
    33  have completed the training promoted by the town pursuant to this subdi-
    34  vision.
    35    (c)  The  training required by this subdivision may be waived or modi-
    36  fied by resolution of the town board when, in the judgment of  the  town
    37  board,  it  is  in the best interest of the town to do so, provided that
    38  such resolution shall include a justification for the town's decision to
    39  waive or modify such training requirements.
    40    (d) No decision of a zoning  board  of  appeals  shall  be  voided  or
    41  declared invalid because of a failure to comply with this subdivision.
    42    § 5. Subdivision 7-a of section 271 of the town law, as added by chap-
    43  ter 662 of the laws of 2006, is amended to read as follows:
    44    7-a. Training and attendance requirements. a. Each member of the plan-
    45  ning  board  shall complete, at a minimum, [four] five hours of training
    46  each year designed to enable such members to more effectively carry  out
    47  their  duties.  Training  received  by a member in excess of [four] five
    48  hours in any one year may be carried over by the member into  succeeding
    49  years in order to meet the requirements of this subdivision. Such train-
    50  ing  shall  be  approved  by  the town board and may include, but not be
    51  limited to, training provided by  a  municipality,  regional  or  county
    52  planning office or commission, county planning federation, state agency,
    53  statewide  municipal  association,  college  or  other  similar  entity,
    54  provided that at least one hour of such  training  is  provided  by  the
    55  committee  on  open government or another appropriate entity in relation
    56  to compliance with the open meetings law. Training may be provided in  a

        S. 2598--A                          4

     1  variety  of  formats,  including  but  not limited to, electronic media,
     2  video, distance learning and traditional classroom training.
     3    b.  To  be eligible for reappointment to such board, such member shall
     4  have completed the training promoted by the town pursuant to this subdi-
     5  vision.
     6    c. The training required by this subdivision may be waived or modified
     7  by resolution of the town board when, in the judgment of the town board,
     8  it is in the best interest of the town to  do  so,  provided  that  such
     9  resolution  shall  include  a  justification  for the town's decision to
    10  waive or modify such training requirements.
    11    d. No decision of a planning board shall be voided or declared invalid
    12  because of a failure to comply with this subdivision.
    13    § 6. Subdivision 7-a of section 7-712 of the village law, as added  by
    14  chapter 662 of the laws of 2006, is amended to read as follows:
    15    7-a.  Training  and  attendance  requirements.  (a) Each member of the
    16  board of appeals shall complete, at a  minimum,  [four]  five  hours  of
    17  training  each  year designed to enable such members to more effectively
    18  carry out their duties. Training received  by  a  member  in  excess  of
    19  [four] five hours in any one year may be carried over by the member into
    20  succeeding  years in order to meet the requirements of this subdivision.
    21  Such training shall be  approved  by  the  board  of  trustees  and  may
    22  include,  but  not  be  limited to, training provided by a municipality,
    23  regional or county planning office or commission, county planning feder-
    24  ation, state agency, statewide municipal association, college  or  other
    25  similar  entity,  provided  that  at  least one hour of such training is
    26  provided by the committee on  open  government  or  another  appropriate
    27  entity  in  relation to compliance with the open meetings law.  Training
    28  may be provided in a variety of formats, including but not  limited  to,
    29  electronic  media,  video,  distance  learning and traditional classroom
    30  training.
    31    (b) To be eligible for reappointment to such board, such member  shall
    32  have  completed  the  training  promoted by the village pursuant to this
    33  subdivision.
    34    (c) The training required by this subdivision may be waived  or  modi-
    35  fied by resolution of the board of trustees when, in the judgment of the
    36  board  of  trustees, it is in the best interest of the village to do so,
    37  provided that such resolution shall  include  a  justification  for  the
    38  village's decision to waive or modify such training requirements.
    39    (d)  No  decision  of  a  board of appeals shall be voided or declared
    40  invalid because of a failure to comply with this subdivision.
    41    § 7. Subdivision 7-a of section 7-718 of the village law, as added  by
    42  chapter 662 of the laws of 2006, is amended to read as follows:
    43    7-a. Training and attendance requirements. a. Each member of the plan-
    44  ning  board  shall complete, at a minimum, [four] five hours of training
    45  each year designed to enable such members to more effectively carry  out
    46  their  duties.  Training  received  by a member in excess of [four] five
    47  hours in any one year may be carried over by the member into  succeeding
    48  years in order to meet the requirements of this subdivision. Such train-
    49  ing  shall be approved by the board of trustees and may include, but not
    50  be limited to, training provided by a municipality, regional  or  county
    51  planning office or commission, county planning federation, state agency,
    52  statewide  municipal  association,  college  or  other  similar  entity,
    53  provided that at least one hour of such  training  is  provided  by  the
    54  committee  on  open government or another appropriate entity in relation
    55  to compliance with the open meetings law.  Training may be provided in a

        S. 2598--A                          5
 
     1  variety of formats, including but  not  limited  to,  electronic  media,
     2  video, distance learning and traditional classroom training.
     3    b.  To  be eligible for reappointment to such board, such member shall
     4  have completed the training promoted by the  village  pursuant  to  this
     5  subdivision.
     6    c. The training required by this subdivision may be waived or modified
     7  by  resolution  of  the  board  of trustees when, in the judgment of the
     8  board of trustees, it is in the best interest of the village to  do  so,
     9  provided  that  such  resolution  shall  include a justification for the
    10  village's decision to waive or modify such training requirements.
    11    d. No decision of a planning board shall be voided or declared invalid
    12  because of a failure to comply with this subdivision.
    13    § 8. This act shall take effect one year after it shall have become  a
    14  law.
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