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A08107 Summary:

BILL NOA08107
 
SAME ASSAME AS S07305
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §103, Pub Off L
 
Requires public bodies to post video recordings of open meetings on their websites within five days of such meetings; requires such recordings be maintained for a period of five years.
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A08107 Actions:

BILL NOA08107
 
06/11/2021referred to governmental operations
01/05/2022referred to governmental operations
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A08107 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8107
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public officers law, in relation to requiring public bodies to post video recordings of open meetings   PURPOSE: To require public bodies to post recordings of open meetings in a timely manner and to require them to maintain such recordings for at least five years.   SUMMARY OF PROVISIONS: Section 1 amends subdivision f of section 103 of the public officers law to provide that open meetings of a public body shall be, to the extent practicable and within available funds, broadcast to the public and maintained as records of the public body. If the public body maintains a website and utilizes a high speed internet connection, such open meeting shall be, to the extent practicable and within available funds, streamed on or available through such website in real-time, and video recordings of such open meeting shall be posted on such website within five busi- ness days of the meeting and for a reasonable time after the meeting and such recordings shall be maintained for a period of not less than five years. Section 2 provides the effective date.   JUSTIFICATION: Subdivision f of section 103 of the Public Officers Law includes provisions related to transparency and affording the public access to the broadcasting of open meetings. This bill would require public bodies that maintain a website and utilize a high speed internet connection to post a video recording of open meetings on their site within five business days of such meeting. Also, public bodies would need to keep these recordings for at least five years. Currently, there is no deadline in the law as to how quickly such meetings must be posted, nor a set time frame that such recordings must be kept. They must simply be posted "within and for a reasonable time" following a meeting. Since COVID-19 has hindered the ability of the public to attend open meetings in person, we must be sure to give opportunity for those who wish to view meetings to have ample access to such records in a timely manner. Also, public bodies are now streaming meetings, as has become the norm for so many during this time, so it is reasonable to impose these requirements. The bill also amends subdivision f of section 103 of the Public Officers Law by replacing the terms "agency or authority" with "public body." This will broaden applicability and ensure that more entities are subject to the requirements set out in this bill. Also, replacing the terms "agency or authority" with "public body" will allow for uniform- ity, since the other subdivisions in this section of law, which relate to the functioning of open meetings and making relevant records avail- able to the public, apply to public bodies.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A08107 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8107
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 11, 2021
                                       ___________
 
        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 requiring public
          bodies to post video recordings of open meetings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (f) of section 103 of the public officers  law,
     2  as  amended  by  chapter  319 of the laws of 2016, is amended to read as
     3  follows:
     4    (f) Open meetings of [an agency or authority] a public body shall  be,
     5  to  the  extent practicable and within available funds, broadcast to the
     6  public and maintained as records of the  [agency  or  authority]  public
     7  body.  If  the [agency or authority] public body maintains a website and
     8  utilizes a high speed internet connection, such open meeting  shall  be,
     9  to  the  extent  practicable  and within available funds, streamed on or
    10  available through such website in real-time, and video recording of such
    11  open meeting shall be posted on such website within five  business  days
    12  of  the  meeting  and  for  a reasonable time after the meeting and such
    13  recordings shall be maintained for a period of not less than five years.
    14  [For the purposes of this subdivision, the term "agency" shall mean only
    15  a state department, board, bureau, division, council or office  and  any
    16  public  corporation  the  majority of whose members are appointed by the
    17  governor. For purposes of this subdivision, the term  "authority"  shall
    18  mean  a  public  authority  or  public benefit corporation created by or
    19  existing under any state law, at least one of whose members is appointed
    20  by the governor (including any subsidiaries of such public authority  or
    21  public  benefit  corporation), other than an interstate or international
    22  authority or public benefit corporation.]
    23    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11160-01-1
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