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A01108 Summary:

BILL NOA01108A
 
SAME ASSAME AS S04704-A
 
SPONSORPaulin
 
COSPNSRGallagher, Seawright, Galef, Otis, Abinanti
 
MLTSPNSR
 
Amd §106, Pub Off L
 
Requires that minutes taken at a meeting of a public body be posted on the agency's website within two weeks from an open meeting and one week from an executive session.
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A01108 Actions:

BILL NOA01108A
 
01/07/2021referred to governmental operations
03/24/2021amend and recommit to governmental operations
03/24/2021print number 1108a
04/27/2021reported
04/29/2021advanced to third reading cal.240
05/04/2021passed assembly
05/04/2021delivered to senate
05/04/2021REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/09/2021SUBSTITUTED FOR S4704A
06/09/20213RD READING CAL.473
06/09/2021PASSED SENATE
06/09/2021RETURNED TO ASSEMBLY
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A01108 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1108A
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public officers law, in relation to requiring that minutes of meetings of a public body be posted on its website   PURPOSE: To make minutes of meetings of a public body available online for the public   SUMMARY OF PROVISIONS: Section 1 amends subdivision 3 of section 106 of the public officers law to require public bodies that maintain a regularly and routinely updated website and utilize a high speed internet connection to make meeting minutes available on the public body's website. Unabridged video recordings, unabridged audio recordings, or unabridged written tran- scripts may be posted in lieu of minutes. 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 106 of the law also requires the meeting minutes of all public bodies to be made available to the public upon request. Section 106 of the Open Meetings Law does not mandate that meeting minutes be posted online. Rather, this section of the law only requires public bodies to make meeting minutes available, upon request, within 14 days of the meeting, or within seven days of an executive session where a formal vote is taken. In an analysis of 20 local governments conducted by the New York Coalition for Open Government, only 30 percent of local governments posted minutes of the previous meeting before the next meet- ing occurred. Given COVID-19, individuals are at an immense disadvantage because there is no in-person opportunity to attend meetings and traveling to the public body's office to make a request for the meeting minutes presents unnecessary risk. Therefore, it is important that public bodies make meeting minutes available online so the public can safely and effec- tively access them. Both Vermont and Virginia have passed similar laws that require minutes to be posted online within 5 and 10 days of a public body meeting, respectively. This bill would require public bodies that maintain a regularly and routinely updated website and utilize a high-speed internet connection to post meeting minutes on the public body's website within 14 days of the meeting or within seven days of an executive session where a formal vote is taken. Unabridged video recordings, unabridged audio recordings, or unabridged written transcripts may be posted in lieu of minutes. Public bodies that do not maintain a regularly and routinely updated website, including because they lack the staff necessary to process and upload meeting minutes within two weeks of a public meeting would not be required to adhere to this requirement. This bill would equip the public with more information so they can understand the actions and decisions of public bodies and hold authorities accountable.   LEGISLATIVE HISTORY: A.11142, 2020, referred to governmental operations.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A01108 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1108--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by M. of A. PAULIN, GALLAGHER, SEAWRIGHT, GALEF -- read once
          and referred to the Committee on Governmental Operations --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to amend the public officers law, in relation to requiring that
          minutes of meetings of a public body be posted on its website
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 106 of the public officers law, as
     2  amended  by  chapter 704 of the laws of 1979, such section as renumbered
     3  by chapter 652 of the laws of 1983, is amended to read as follows:
     4    3. Minutes of meetings of all public bodies shall be available to  the
     5  public  in  accordance with the provisions of the freedom of information
     6  law within two weeks from the date of such meeting except  that  minutes
     7  taken  pursuant  to  subdivision  two  [hereof] of this section shall be
     8  available to the public within one week from the date of  the  executive
     9  session.    If  the  agency in which a public body functions maintains a
    10  regularly and routinely updated website and utilizes a high speed inter-
    11  net connection, such minutes shall be posted on the website  within  two
    12  weeks  from  the date of such meeting except that minutes taken pursuant
    13  to subdivision two of this section shall  be  available  to  the  public
    14  within  one week from the date of the executive session. For purposes of
    15  this  subdivision  unabridged  video  recordings  or  unabridged   audio
    16  recordings or unabridged written transcripts may be deemed to be meeting
    17  minutes.  Nothing  in this section shall require the creation of minutes
    18  if the public body would not otherwise take them.
    19    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06235-08-1
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