Extends provisions of law authorizing political subdivisions to permit any public body to hold meetings remotely and without in-person access during the COVID-19 state disaster emergency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8591
SPONSOR: Thiele TITLE OF BILL:
An act to amend chapter 417 of the laws of 2021 relating to authorizing
political subdivisions to permit any public body to hold meetings
remotely and without in-person access during the COVID-19 state disaster
emergency, in relation to public bodies holding meetings remotely and to
the effectiveness thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to extend the current authorization for
public bodies to meet remotely or by conference call.
SUMMARY OF PROVISIONS:
This bill would extend the current authorization for state and local
government entities to meet remotely by conference call or similar
service, so long as the public has the ability to view or listen to such
proceeding and provided such meetings are recorded and later tran-
scribed.
JUSTIFICATION:
During the COVID-19 pandemic, portions of the Open Meetings Law were
modified to allow public business to continue while protecting public
health by eliminating the need for congregation. This legislation will
continue the authorization for remote public meetings to continue to be
held until the current declared state of emergency has come to an end in
the same manner as was allowed during the prior COVID-19 state disaster
emergency declarations.
PRIOR LEGISLATIVE HISTORY:
Chapter 417 of the Laws of 2021 Part E
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
Immediate
STATE OF NEW YORK
________________________________________________________________________
8591
IN ASSEMBLY
January 6, 2022
___________
Introduced by M. of A. THIELE, ZEBROWSKI, PAULIN, ABINANTI, McDONALD,
OTIS, NIOU, FRONTUS, McMAHON -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend chapter 417 of the laws of 2021 relating to authorizing
political subdivisions to permit any public body to hold meetings
remotely and without in-person access during the COVID-19 state disas-
ter emergency, in relation to public bodies holding meetings remotely
and to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 1 and 2 of part E of chapter 417 of the laws of
2 2021 relating to authorizing political subdivisions to permit any public
3 body to hold meetings remotely and without in-person access during the
4 COVID-19 state disaster emergency, are amended to read as follows:
5 Section 1. Notwithstanding the provisions of article 7 of the public
6 officers law to the contrary, any [state agency, department, corpo-
7 ration, office, authority, board, or commission] public body, as [well
8 as any local public body] defined pursuant to section one hundred two of
9 the public officers law, [or public corporation as defined in section 66
10 of the general construction law, or political subdivisions as defined in
11 section 100 of the general municipal law, or a committee or subcommittee
12 or other similar body of such entity,] shall be authorized to meet and
13 take such action authorized by law without permitting in public in-per-
14 son access to meetings and authorize such meetings to be held remotely
15 by conference call or similar service, provided that the public has the
16 ability to view or listen to such proceeding and that such meetings are
17 recorded and later transcribed. ["Local public body" shall mean any
18 entity for which a quorum is required in order to conduct public busi-
19 ness and which consists of two or more members, performing a govern-
20 mental function for an entity limited in the execution of its official
21 functions to a portion only of the state, or a political subdivision of
22 the state, or for an agency or department thereof.]
23 § 2. This act shall take effect immediately and shall expire and be
24 deemed repealed [January 15, 2022] upon the expiration or termination of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14074-04-2
A. 8591 2
1 the state disaster emergency declared pursuant to executive order 11 of
2 2021 or any extension or modification thereof; provided that the
3 commissioner of health shall notify the legislative bill drafting
4 commission upon the occurrence of the expiration or termination of such
5 executive order in order that the commission may maintain an accurate
6 and timely effective database of the official text of the laws of the
7 state of New York in furtherance of effectuating the provisions of
8 section 44 of the legislative law and section 70-b of the public offi-
9 cers law.
10 § 2. This act shall take effect immediately.
