What's happening
This bill expands the definition of "public body" under New York's open meetings law to include advisory committees and similar entities.
Why it matters
Increases transparency and accountability. By including advisory committees and similar bodies under the open meetings law, the bill ensures that more government decision-making processes are accessible to the public, not just final votes or formal actions.
Covers a broader range of governmental functions. Many important policy discussions and recommendations happen in advisory committees, which previously may not have been subject to open meeting requirements. This change means the public can now observe and scrutinize these early-stage deliberations.
Limits opportunities for government actions “behind closed doors”. By applying open meetings rules to entities created by executive order or law—even if they are only advisory—this legislation makes it harder for officials to sidestep transparency by creating informal or semi-formal groups.
Strengthens public trust and civic engagement. Making more meetings open increases the ability of citizens, journalists, and advocacy groups to monitor, understand, and participate in government processes from the ground up, fostering more informed public input.
Albany, before your first meeting.
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Who cares
Headline styles
Expand Open Meetings Definition
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to investigations and government operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2335
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law, in relation to the definition of a public body pursuant to the open meetings law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 102 of the public officers law, as amended by chapter 704 of the laws of 1979 and such section as renumbered by chapter 652 of the laws of 1983, is amended to read as follows:
2. "Public body" means any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporation as defined in section sixty-six of the general construction law, or committee or subcommittee or other similar body of such public body. A public body shall also include any advisory committee or similar body created by such public body or pursuant to executive order, or state or local law, or any entity consisting of two or more members created by executive order of the governor.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02478-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to the definition of a public body pursuant to the open meetings law
Purpose
This bill will amend the definition of a public body subject to open meetings law to include certain advisory committees and similar bodies that advise government entities on matters of public concern.
Summary of provisions
Section 1 of the bill amends subdivision 2 of section 102 of the public officers law, as amended by chapter 704 of the laws of 1979 and such section as renumbered by chapter 652 of the laws of 1983, to include any advisory committee or similar body created by such public body or pursu- ant to executive order, or federal, state, or local law or any entity consisting of two or more members created by executive order of the governor in the "public body" definition.
Section 2 of the bill sets forth the effective date.
Justification
Several recent court decisions have indicated that advisory bodies, other than those consisting of members of a governing body, do not fall within the definition of "public body" and therefore are not subject to the Open Meetings Law.
It is essential to a democratic society that deliberations of entities that formally advise policymakers are transparent and accessible to the general public, even if such entities are not the decision makers. It is not uncommon for members of the public to be barred from such deliber- ations, even though they may heavily influence or even wholly determine the direction of government decision-making. Expanding the definition of public body will ensure greater transparency in government and a more informed, engaged public.
Legislative history
2018: S7126 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 2017: A4285 - stricken 2016: A5790 - referred to governmental operations 2015: A5790 - referred to governmental operations
Fiscal implications to the state
None.
Fiscal implications on localities
None.
Impact on the regulation of businesses and individuals
None.
Impact on fines, imprisonment, forfeiture of rights, or other penal sanctions
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.