Relates to the availability of agency records prior to or at an open meeting; removes the "to the extent practicable at least twenty-four hours" limitation from the requirement that agencies and departments shall make records available.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A522
SPONSOR: Paulin
 
TITLE OF BILL:
An act to amend the public officers law, in relation to the availability
of agency records prior to or at an open meeting
 
PURPOSE:
To make documents to be discussed at open meetings more accessible, to
the public.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 103 of the public officers law to remove the
phrase "to the extent practicable" so that documents to be discussed at
open meetings are more accessible to the public.
Section 2 provides the effective date.
 
JUSTIFICATION:
The Open Meetings Law is intended to empower the public through the
availability and accessibility of meetings of public bodies. In an
effort to provide the public with useful information, section 103 of the
law also requires agencies to post and make available any documents
scheduled to be discussed prior to-such meetings. However, section 103
of the Open Meetings Law requires agencies to make any documents to be
discussed at an upcoming open meeting available to the public, "to the
extent practicable." This vague phrase has created loopholes and a way
for agencies to bypass this requirement.
COVID-19 has made it apparent that there is technology readily available
for agencies to use in an effort to be more transparent. Meetings are
only taking place virtually and individuals are at an immense disadvan-
tage because there is no in-person opportunity to request a hard copy of
any documents at the meeting. Therefore, it is even more important that
agencies make documents that will be discussed at open meetings more
accessible to the public. This bill would remove the phrase "to the
extent practicable" from subdivision (e) of section 103 so that public
bodies can no longer ignore this requirement. This bill would make open
meeting documents more accessible to the public and would ultimately
equip the public with more information so they can understand the
actions and decisions of public bodies and hold authorities accountable.
 
LEGISLATIVE HISTORY:
2023-2024: A 2506 referred to governmental operations
2021-2022: A7355 referred to government operations / Same as 58388
referred to investigations and government operations
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
522
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
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 the availability
of agency records prior to or at an open meeting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (e) of section 103 of the public officers law,
2 as amended by chapter 481 of the laws of 2021, is amended to read as
3 follows:
4 (e) Agency records available to the public pursuant to article six of
5 this chapter, as well as any proposed resolution, law, rule, regulation,
6 policy or any amendment thereto, that is scheduled to be the subject of
7 discussion by a public body during an open meeting shall be made avail-
8 able, upon request therefor, [to the extent practicable at least twen-
9 ty-four hours] prior to the meeting during which the records will be
10 discussed. Copies of such records may be made available for a reasonable
11 fee, determined in the same manner as provided therefor in article six
12 of this chapter. If the agency in which a public body functions main-
13 tains a regularly and routinely updated website and utilizes a high
14 speed internet connection, such records shall be posted on the website
15 to the extent practicable at least twenty-four hours prior to the meet-
16 ing. An agency may, but shall not be required to, expend additional
17 moneys to implement the provisions of this subdivision.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02106-01-5