Bill Text: NY A10177 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to compliance with the open meetings law during a state disaster emergency; provides that during a state disaster emergency, a public body in the affected area may make a determination that, as a direct result of the state disaster emergency, complying with a particular requirement of the open meetings law would unduly threaten the health or safety of members of the public body or the general public.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-24 - referred to governmental operations [A10177 Detail]

Download: New_York-2019-A10177-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10177

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        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 compliance with
          the open meetings law during a state disaster emergency; and providing
          for the repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision (a) of section 103 of the public officers law,
     2  as amended by chapter 368 of the laws of  1977,  and  as  renumbered  by
     3  chapter 652 of the laws of 1983, is amended and a new subdivision (g) is
     4  added to read as follows:
     5    (a)  Every  meeting  of  a  public  body  shall be open to the general
     6  public, except as provided in  subdivision  (g)  of  this  section,  and
     7  except that an executive session of such body may be called and business
     8  transacted thereat in accordance with section ninety-five of this [arti-
     9  cle] chapter.
    10    (g) 1. During a state disaster emergency, as defined in section twenty
    11  of  the  executive  law,  a  public body in the affected area may make a
    12  determination that, as a direct result of the state disaster  emergency,
    13  complying  with  a  particular  requirement of this section would unduly
    14  threaten the health or safety of members  of  the  public  body  or  the
    15  general public.
    16    2.  A  public  body  making such a determination shall ensure that the
    17  meeting of such public body is as compliant  with  the  intent  of  this
    18  article  as  is  practicable,  and  shall promptly provide notice to the
    19  general public pursuant to section one  hundred  four  of  this  article
    20  detailing: (i) the particular requirement of this section that the meet-
    21  ing  will not comply with; (ii) an explanation of how complying with the
    22  particular requirement would unduly threaten the  health  or  safety  of
    23  members  of  the  public  body  or  the  general  public;  and  (iii)  a
    24  description of alternate means by which the public can  monitor,  watch,
    25  listen to, participate in, and/or attend the meeting.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15865-01-0
        A. 10177                            2

     1    3. Such determination shall be considered a final determination by the
     2  public  body,  and shall be subject to challenge pursuant to section one
     3  hundred seven of this article.
     4    §  2.  This  act shall take effect immediately and shall expire and be
     5  deemed repealed December 31, 2022.