Bill Text: NY S08116 | 2019-2020 | General Assembly | Introduced

---

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 9-0)

Status: (Introduced - Dead) 2020-03-23 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08116 Detail]

Download: New_York-2019-S08116-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8116

                    IN SENATE

                                     March 23, 2020
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment 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
        S. 8116                             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.