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S6849Senate2009-2010 SessionSame asA9911

Requires certain records discussed at open meetings be made available to the public prior to such meeting

Sponsor Craig M. JohnsonSD-7Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
Craig M. Johnson

Senator · Senate District 7

No co-sponsors yet.

History

  1. Print number 6849a
  2. Amend and recommit to investigations and government operations
  3. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9911Assembly

Requires certain records discussed at open meetings be made available to the public prior to such meeting

In Senate Committee · Rules · Sponsor Amy Paulin

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6849A

Title of bill

An act to amend the public officers law, in relation to requiring certain records which are the subject of a discussion conducted at an open meeting be made available to the public

Purpose

To make certain records, which are scheduled to be the subject of discussion at an open meeting, available to the public on the agency website at least twenty-four hours prior to such meeting and a reasonable number of copies of such records available prior to or at the meeting.

Summary of provisions

section one amends section 103 of the public Officers Law by adding a new subdivision (d). This new subdivision requires that certain records, which are scheduled to be the subject of discussion by a public body during an open meeting, shall be made available, to the extent practicable, prior to the meeting. If the agency in which a public body operates maintains a website, such records shall be posted on the website as soon as practicable prior to the meeting.

Section two defines the effective date as thirty days following the enactment date.

Justification

In many instances, a public body covered by the Open Meetings Law conducts a discussion of a record which was not made available to the public prior to the meeting. Thus, although members of the public are present at the meeting, they are unable to observe the proceedings in a meaningful way. This legislation seeks to implement the recommendations made by the Committee on Open Government to correct this problem and enhance the public's right to observe the decision-making process.

If enacted into law, this bill would require that public bodies covered by the Open Meetings Law make records available to the public that are scheduled to be discussed at the body's meeting. Specifically, this legislation would require that the record be posted on the relevant agency's website "as soon as practicable" prior to the meeting.

Unlike similar legislation which was passed by both houses in 2008 but ultimately vetoed,(1) this legislation will actually decrease the burdens imposed on agencies. Making certain records available on the agency website, or in hard copy prior to the meeting, greatly reduces the likelihood of FOIL requests for the records after the meeting is held. Additionally, posting the record on the agency's website imposes no cost to the agency, and eliminates the majority of administrative tasks necessary to process a FOIL request. Such proactive disclosure has been strongly recommended by the committee on

Open Government and comports with the movement toward transparency in government taking place at the state and federal levels.

Legislative history

This is a new bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall become law.

Footnote

(1) A.5943 (2007) same as S.7042 (2007); See also, Veto Message No. 89 of 2008.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.