NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10266
SPONSOR: Rules (Simone)
 
TITLE OF BILL:
An act to amend the public officers law and the state technology law, in
relation to requirements for open meetings; and to amend part WW of
chapter 56 of the laws of 2022 amending the public officers law relating
to permitting videoconferencing and remote participation in public
meetings under certain circumstances, in relation to making such
provisions permanent
 
PURPOSE:
The purpose of this bill is to modernize the open meetings law in
relation to hybrid meetings and quorum requirements.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends chapter 56 of the laws of 2022 removing the repeal date
Section 2 amends subdivisions 2 and 3 of section 103-a of the public
officers law to require hybrid meetings for public bodies and sets
quorum requirements and rules for closed captioning and interpretation
Section 3 amends subdivisions 2, 4 and 5 of section 104 of the public
officers law regarding public notice of meetings
Section 4 amends subdivisions e and f of section 103 of the public offi-
cers law regarding materials to be discussed in open meetings and web
streaming of meetings
Section 5 amends subdivision c of section 103 of the public officers law
to require ASL interpretation upon request
Section 6 amends section 102 of the public officers law to set defi-
nitions
Section 7 amends section 103-d of the state technology law to add a new
closing paragraph
Section 8 amends subdivision 2 of section 105 of the public officers law
regarding attendance at executive sessions of public bodies
Section 9 amends section 106 of the public officers law regarding
minutes of a meeting
Section 10 sets the effective date
 
JUSTIFICATION:
The COVID-19 pandemic changed the way New Yorkers interact with their
government. Virtual public meetings allowed people who found it chal-
lenging to attend in person meetings to interact with their government
and community, particularly people with disabilities and parents with
young children. The FY22-23 budget made many of the COVID era practices
for virtual meetings permanent, though did not include a mandate for
hybrid meetings.
By requiring all state and local public bodies that are subject to the
open meetings law to provide a virtual option for all public meetings,
this legislation will ensure the future accessibility and transparency
of public meetings.
Additionally, this legislation ensures that public comments can always
be taken virtually and that a level of in-person accessibility of public
bodies is maintained.
 
PRIOR LEGISLATIVE HISTORY:
This is new bill.
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately, provided that sections two,
three, four, five, six, eight and nine of this act shall take effect on
the sixtieth day after it shall have become a law; provided, however,
that if chapter 734 of the laws of 2023 shall not have taken effect on
or before such date then section seven of this act shall take effect on
the same date and in the same manner as such chapter of the laws of 2023
takes effect.
STATE OF NEW YORK
________________________________________________________________________
10266
IN ASSEMBLY
May 15, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simone) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law and the state technology law, in
relation to requirements for open meetings; and to amend part WW of
chapter 56 of the laws of 2022 amending the public officers law relat-
ing to permitting videoconferencing and remote participation in
public meetings under certain circumstances, in relation to making
such provisions permanent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4 of part WW of chapter 56 of the laws of 2022
2 amending the public officers law relating to permitting videoconferenc-
3 ing and remote participation in public meetings under certain
4 circumstances, as amended by section 1 of part KK of chapter 58 of the
5 laws of 2024, is amended to read as follows:
6 § 4. This act shall take effect immediately [and shall expire and be
7 deemed repealed July 1, 2026].
8 § 2. Subdivisions 2 and 3 of section 103-a of the public officers law,
9 as added by section 2 of part WW of chapter 56 of the laws of 2022,
10 paragraph (c) of subdivision 2 as amended by section 1 of part X of
11 chapter 58 of the laws of 2023, are amended to read as follows:
12 2. A public body [may, in its discretion,] shall use web-based video-
13 conferencing with the ability to enable closed captioning to conduct its
14 meetings pursuant to the requirements of this article provided that for
15 bodies composed of elected officials, a minimum number of members are
16 present to fulfill the public body's quorum requirement in the same
17 physical location or locations where the public can attend [and the
18 following criteria are met:]. For all appointed boards and commissions,
19 or non-elected agencies or authorities, at a minimum, the presiding
20 officer shall be present in person for all public meetings. A presiding
21 officer who is unable to be present in person for any reason set forth
22 in paragraph (b) of this subdivision may designate an alternate member
23 of the public body to be present in such officer's place.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14262-03-4
A. 10266 2
1 (a) [the] The governing board of a county, city, town or village [has
2 adopted a local law, or a public body has adopted a resolution, or] and
3 the senate and assembly [have adopted a joint resolution, following a
4 public hearing, authorizing the use of videoconferencing:
5 (i) for itself and its committees or subcommittees; or,
6 (ii) specifying that each committee or subcommittee may make its own
7 determination;
8 (iii) provided however, each community board in a city with a popu-
9 lation of one million or more shall make its own determination;
10 (b) the public body has established] shall adopt written procedures
11 governing member and public attendance consistent with this section, and
12 such written procedures shall be conspicuously posted on the public
13 website of the public body[;
14 (c) members].
15 (b) Members of the public body shall be physically present at any such
16 meeting unless such member is unable to be physically present at any
17 such meeting location due to [extraordinary] circumstances, as set forth
18 in the [resolution and] written procedures adopted pursuant to [para-
19 graphs] paragraph (a) [and (b)] of this subdivision, including disabili-
20 ty, illness, caregiving responsibilities, or any other significant or
21 unexpected factor or event which precludes the member's physical attend-
22 ance at such meeting. Notwithstanding the in person quorum requirements
23 set forth in this subdivision, the public body may determine, through
24 its written procedures governing member and public attendance estab-
25 lished pursuant to and consistent with this section, to allow for any
26 member who has a disability as defined in section two hundred ninety-two
27 of the executive law, where such disability renders such member unable
28 to participate in-person at any such meeting location where the public
29 can attend, to be considered present for purposes of fulfilling the
30 quorum requirements for such public body at any meetings conducted
31 through videoconferencing pursuant to this section, provided, however,
32 that the remaining criteria set forth in this subdivision are otherwise
33 met; and provided, further, that the public body maintains at least one
34 physical location where the public can attend such meeting[;
35 (d) except].
36 (c) Except in the case of executive sessions conducted pursuant to
37 section one hundred five of this article, the public body shall ensure
38 that members of the public body can be heard, seen and identified, while
39 the meeting is being conducted, including but not limited to any
40 motions, proposals, resolutions, and any other matter formally discussed
41 or voted upon[;
42 (e) the].
43 (d) The minutes of the meetings [involving videoconferencing] shall
44 include which, if any, members participated remotely and shall be avail-
45 able to the public pursuant to section one hundred six of this article[;
46 (f) if videoconferencing is used to conduct a meeting, the public
47 notice for the meeting shall inform the public that videoconferencing
48 will be used, where the public can view and/or participate in such meet-
49 ing, where required documents and records will be posted or available,
50 and identify the physical location for the meeting where the public can
51 attend;
52 (g) the].
53 (e) The public body shall provide that each meeting [conducted using
54 videoconferencing] shall be recorded and such recordings posted or
55 linked on the public website of the public body within five business
56 days following the meeting, and shall remain so available for a minimum
A. 10266 3
1 of five years thereafter. Such recordings shall use closed captioning
2 and be transcribed upon request[;
3 (h) if videoconferencing is used to conduct a meeting, the].
4 (f) The public body shall provide the opportunity for members of the
5 public to view such meeting via video, and to participate in proceedings
6 via videoconference in real time, with real time closed captioning, and
7 with American Sign Language interpretation when requested within a
8 reasonable time prior to such meeting, where public comment or partic-
9 ipation is authorized and shall ensure that videoconferencing authorizes
10 the same public participation or testimony as in person participation or
11 testimony[; and
12 (i) a local public body electing to utilize videoconferencing to
13 conduct its meetings must maintain an official website].
14 3. The in person participation requirements of paragraph [(c)] (b) of
15 subdivision two of this section shall not apply during a state disaster
16 emergency declared by the governor pursuant to section twenty-eight of
17 the executive law, or a local state of emergency proclaimed by the chief
18 executive of a county, city, village or town pursuant to section twen-
19 ty-four of the executive law, if the public body determines that the
20 circumstances necessitating the emergency declaration would affect or
21 impair the ability of the public body to hold an in person meeting.
22 § 3. Subdivisions 2, 4 and 5 of section 104 of the public officers
23 law, subdivision 2 as amended and subdivision 5 as added by chapter 302
24 of the laws of 2016, subdivision 4 as added by chapter 289 of the laws
25 of 2000, are amended and a new subdivision 7 is added to read as
26 follows:
27 2. Public notice of the time and place of every other meeting shall be
28 given or electronically transmitted[, to the extent practicable,] to the
29 news media and shall be conspicuously posted in one or more designated
30 public locations, including the public body's webpage and social media
31 accounts, at a reasonable time prior thereto.
32 4. [If videoconferencing is used to conduct a meeting, the] The public
33 notice for the meeting required by this section shall inform the public
34 that videoconferencing will be used, identify the locations for the
35 meeting, state where the public can view and/or participate, including
36 how they may participate, in such meeting, identify where required docu-
37 ments and records will be posted or available, and state that the public
38 has the right to attend the meeting at any of the locations.
39 5. [If a meeting will be streamed live over the internet, the] The
40 public notice for the meeting shall inform the public of the internet
41 address of the website streaming such meeting.
42 7. Every public body shall maintain a page on an official government
43 internet website.
44 § 4. Subdivisions (e) and (f) of section 103 of the public officers
45 law, subdivision (e) as amended by chapter 481 of the laws of 2021,
46 subdivision (f) as amended by chapter 319 of the laws of 2016, are
47 amended to read as follows:
48 (e) Agency records available to the public pursuant to article six of
49 this chapter, as well as any proposed resolution, law, rule, regulation,
50 policy or any amendment thereto, that is scheduled to be the subject of
51 discussion by a public body during an open meeting shall be made avail-
52 able, upon request therefor, [to the extent practicable] at least twen-
53 ty-four hours prior to the meeting during which the records will be
54 discussed. Copies of such records may be made available for a reasonable
55 fee, determined in the same manner as provided therefor in article six
56 of this chapter. If the agency in which a public body functions main-
A. 10266 4
1 tains a regularly and routinely updated website and utilizes a high
2 speed internet connection, such records shall be posted on the website
3 [to the extent practicable] at least twenty-four hours prior to the
4 meeting. An agency may, but shall not be required to, expend additional
5 moneys to implement the provisions of this subdivision.
6 (f) Open meetings of an agency or authority shall be[, to the extent
7 practicable and within available funds,] broadcast to the public and
8 maintained as records of the agency or authority. [If the agency or
9 authority maintains a website and utilizes a high speed internet
10 connection, such] Such open [meeting] meetings shall be[, to the extent
11 practicable and within available funds,] streamed on such website in
12 real-time, and posted on such website within and for a reasonable time
13 after the meeting. [For the purposes of this subdivision, the term
14 "agency" shall mean only a state department, board, bureau, division,
15 council or office and any public corporation the majority of whose
16 members are appointed by the governor. For purposes of this subdivision,
17 the term "authority" shall mean a public authority or public benefit
18 corporation created by or existing under any state law, at least one of
19 whose members is appointed by the governor (including any subsidiaries
20 of such public authority or public benefit corporation), other than an
21 interstate or international authority or public benefit corporation.]
22 § 5. Subdivision (c) of section 103 of the public officers law, as
23 amended by section 1 of part WW of chapter 56 of the laws of 2022, is
24 amended to read as follows:
25 (c) A public body shall provide an opportunity for the public to
26 attend, listen and observe meetings in at least one accessible physical
27 location at which a member participates. A public body shall provide an
28 American Sign Language interpreter at such meetings upon request.
29 § 6. Section 102 of the public officers law, as added by chapter 511
30 of the laws of 1976 and such section as renumbered by chapter 652 of the
31 laws of 1983, subdivision 1 as amended by chapter 289 of the laws of
32 2000, and subdivision 2 as amended by chapter 115 of the laws of 2022,
33 is amended to read as follows:
34 § 102. Definitions. As used in this article: 1. "Meeting" means the
35 official convening of a public body for the purpose of conducting public
36 business, including the use of videoconferencing or other electronic
37 means for attendance and participation by the members of the public
38 body.
39 2. "Public body" means any entity, for which a quorum is required in
40 order to conduct public business and which consists of two or more
41 members, performing a governmental function for the state or for an
42 agency or department thereof, or for a public corporation as defined in
43 section sixty-six of the general construction law, or committee or
44 subcommittee or other similar body consisting of members of such public
45 body, or an entity created or appointed to perform a necessary function
46 in the decision-making process for which a quorum is required in order
47 to conduct public business and which consists of two or more members[. A
48 necessary function in the decision-making process shall not include the
49 provision of recommendations or guidance which is purely advisory and
50 which does not require further action by the state or agency or depart-
51 ment thereof or public corporation as defined in section sixty-six of
52 the general construction law] including any formally chartered entity
53 which has officially delegated duties and organizational attributes of a
54 substantive nature.
55 3. "Executive session" means that portion of a meeting not open to the
56 general public.
A. 10266 5
1 4. "Videoconferencing" means any method of conducting a meeting
2 involving participants at two or more locations through the use of
3 equipment which allows participants at each location to hear and see
4 each meeting participant at each location, including public input.
5 Interaction between meeting participants shall be possible at all meet-
6 ing locations.
7 § 7. Section 103-d of the state technology law is amended by adding a
8 new closing paragraph to read as follows:
9 The office shall facilitate use of widely available, low-cost, plat-
10 form responsive, web-based videoconferencing applications that meet or
11 exceed federal accessibility guidelines and international standards,
12 allowing for an equivalent experience to in-person access, including for
13 materials and public comment, for the broadcast of public meetings by
14 state agencies and local public bodies, as defined in article seven of
15 the public officers law.
16 § 8. Subdivision 2 of section 105 of the public officers law, as added
17 by chapter 511 of the laws of 1976, and such section as renumbered by
18 chapter 652 of the laws of 1983, is amended to read as follows:
19 2. Attendance at an executive session shall be permitted to any member
20 of the public body and any other persons authorized by the public body
21 and held either at a physical location, via videoconferencing, or both.
22 § 9. Section 106 of the public officers law is amended by adding a new
23 subdivision 4 to read as follows:
24 4. The minutes of a meeting shall reflect the type of electronic means
25 used, which, if any, members participated by electronic means, when each
26 member participating by electronic means joined and left the meeting,
27 and any interruption in or suspension of the meeting due to a technical
28 problem.
29 § 10. This act shall take effect immediately, provided that sections
30 two, three, four, five, six, eight and nine of this act shall take
31 effect on the sixtieth day after it shall have become a law; provided,
32 however, that if chapter 734 of the laws of 2023 shall not have taken
33 effect on or before such date then section seven of this act shall take
34 effect on the same date and in the same manner as such chapter of the
35 laws of 2023 takes effect.