Bill Text: NY A10266 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes various amendments to requirements for web-based videoconferencing of public meetings.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2024-05-15 - referred to governmental operations [A10266 Detail]

Download: New_York-2023-A10266-Introduced.html

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                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     7  deemed repealed July 1, 2026].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.