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.
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.
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
