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A00924 Summary:

BILL NOA00924A
 
SAME ASSAME AS S01625-A
 
SPONSORPaulin
 
COSPNSRGalef, Abinanti, Carroll, Cook, Dinowitz, Gottfried, Lupardo, Richardson, Rosenthal L, Zebrowski, Montesano
 
MLTSPNSREnglebright, Niou, Simon, Thiele
 
Amd §102, Pub Off L
 
Amends the definition of "public body" to include any entity created or appointed to perform a necessary function in the decision-making process.
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A00924 Actions:

BILL NOA00924A
 
01/06/2021referred to governmental operations
05/17/2021amend and recommit to governmental operations
05/17/2021print number 924a
05/26/2021reported referred to rules
06/02/2021reported
06/02/2021rules report cal.286
06/02/2021ordered to third reading rules cal.286
06/02/2021passed assembly
06/02/2021delivered to senate
06/03/2021REFERRED TO RULES
06/07/2021SUBSTITUTED FOR S1625A
06/07/20213RD READING CAL.464
06/07/2021PASSED SENATE
06/07/2021RETURNED TO ASSEMBLY
12/09/2021delivered to governor
12/21/2021signed chap.676
12/21/2021approval memo.66
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A00924 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A924A
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public officers law, in relation to amending the definition of a "public body"   PURPOSE OR GENERAL IDEA OF BILL: This bill will require that entities created or appointed to perform a necessary governmental function in the decision-making process are subject to the Open Meetings Law.   SUMMARY OF PROVISIONS: Section one of the bill amends subdivision two of section 102 of the public officers law to require that an entity created or appointed to perform a necessary governmental function in the decision-making process be included in the definition of a "public body", and therefore subject to the provisions of the Open Meetings Law. A necessary function in the decision-making process shall not include the provision of recommenda- tions or guidance which is purely advisory and which does not require further action by the state or agency or department thereof or public corporation as defined in section sixty-six of the general construction law Section two provides the effective date.   JUSTIFICATION: "It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner; and the citi- zens of this State be fully aware of and able to observe the perform- ances of public officials and attend and listen to the deliberations and decisions that go into the making of public policy; and the people must be able to remain informed if they are to retain control over those who are their public servants; and the Open Meetings Law requires every meeting of a public body shall be open to the general public." This directive, an excerpt from Executive Order first issued in 2007 and reaffirmed by Governor Cuomo was issued in an effort to achieve openness and transparency in access to the governmental decision-making process. Nevertheless, there are a number of bodies created by executive order or created to perform functions in the governmental decision-making proc- ess, that are not subject to the Open Meetings Law. Due to this, these bodies conduct business behind closed doors and have excluded interested parties who have attempted to attend its sessions. In keeping with recent legislative initiatives aimed at greater transparency, these bodies should be open to public scrutiny. The work of our state's public bodies has a profound effect on the functioning of government and it is essential to our democratic process that members of the public are fully aware of and have the opportunity to observe the deliberations and deci- sions that go into the making of public policy. This legislation will ensure that those bodies which play a key role in the decision making process are covered by the Open Meetings Law, even if they do not have the authority to make final and binding decisions.   LEGISLATIVE HISTORY: A.526A, 2020, referred to governmental operations / S.2959A, 2020, advanced to third reading. A.526A, 2019, amended and recommitted to governmental operations/ S.2959A, 2019, passed Senate. A.5783, 2017 and 2018, referred to governmental operations. Similar to A.1389 of 2015 and 2016, referred to governmental operations. A.413, 2013 and 2014 referred to governmental operations. A.74, 2011 and 2012 referred to governmental operations. A.3081, 2009 and 2010 referred to governmental operations. A.11085, 2008 referred to rules. Same as S.2422 of 23015 and 2015, referred to investigations and govern- mental operations. S.1548, 2013 and 2014 referred to investigations and governmental oper- ations. S.1772, 2011 and 2012 referred to investigations and governmental oper- ations. Same as S.3247, 2009 and 2010 referred to investigations and govern- mental operations. Same as S.7424A, 2008 passed in the Senate.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A00924 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         924--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. PAULIN, GALEF, ABINANTI, CARROLL, COOK, DINOWITZ,
          GOTTFRIED,  LUPARDO, RICHARDSON, L. ROSENTHAL, ZEBROWSKI, MONTESANO --
          Multi-Sponsored by -- M. of A. ENGLEBRIGHT,  NIOU,  SIMON,  THIELE  --
          read  once and referred to the Committee on Governmental Operations --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the public officers law, in relation to amending the
          definition of a "public body"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 102 of the public officers law, as
     2  amended  by  chapter  704 of the laws of 1979 and such section as renum-
     3  bered by chapter 652 of the laws of 1983, is amended to read as follows:
     4    2. "Public body" means any entity, for which a quorum is  required  in
     5  order  to  conduct  public  business  and  which consists of two or more
     6  members, performing a governmental function for  the  state  or  for  an
     7  agency  or department thereof, or for a public corporation as defined in
     8  section sixty-six of the  general  construction  law,  or  committee  or
     9  subcommittee  or other similar body consisting of members of such public
    10  body or an entity created or appointed to perform a  necessary  function
    11  in  the  decision-making process.  A necessary function in the decision-
    12  making process shall not include the  provision  of  recommendations  or
    13  guidance  which  is  purely  advisory and which does not require further
    14  action by the state or agency or department  thereof  or  public  corpo-
    15  ration as defined in section sixty-six of the general construction law.
    16    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02035-02-1
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