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S2959Senate2019-2020 SessionSame asA526

Expand Public Body Definition

Official title

“Relates to amending the definition of "public body"”

Sponsor James SkoufisSD-39+1 co-sponsorAffects Legal
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill expands the definition of "public body" in New York law to include entities created to perform necessary decision-making functions.

Why it matters

  1. Broader Application of Open Meetings Law. By expanding the definition of "public body," more entities—especially those created or appointed specifically to perform essential decision-making functions—will be subject to transparency requirements like open meetings and public record laws.

  2. Increased Accountability. Committees, subcommittees, and other similar entities that might previously have operated outside the public eye will now be required to conduct business in a manner open to public scrutiny, reducing the risk of decisions being made behind closed doors.

  3. Impact on Government Operations. The change closes loopholes that allowed some government-related entities to avoid legal obligations for openness, making it harder for agencies to delegate critical decisions to smaller groups or newly created bodies in order to sidestep public oversight.

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Who cares

Headline styles

Expand Public Body Definition

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Skoufis

Senator · Senate District 39

Chair, Investigations And Government Operations

1 Co-sponsor

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.158
  5. Referred to investigations and government operations
  6. Returned to senate
  7. Died in assembly
  8. Referred to governmental operations
  9. Delivered to assembly
  10. Passed senateVote 45–14
  11. Amended on third reading 2959a
  12. Advanced to third reading
Show 3 earlier actions
  1. 2nd report cal.
  2. 1st report cal.174
  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.

A526Assembly

Expand Public Body Definition

In Assembly Committee · Governmental Operations · Sponsor Amy Paulin

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2959--A Cal. No. 174

2019-2020 Regular Sessions

IN SENATE

January 31, 2019

Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the public officers law, in relation to amending the definition of a "public body"

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 consisting of members of such public body or an entity created or appointed to perform a necessary function in the decision-making process.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03782-02-9

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 amending the definition of a "public body"

Purpose or general idea of bill

This bill will require that entities created or appointed to perform a necessary function in the decision-making process are subject to the Open Meetings Law.

Summary of provisions

Section 1: Amends subdivision two of section 102 of the public officers law to require that an entity created or appointed to perform a neces- sary function in the decision-making process be included in the defi- nition of a "public body", and therefore subject to the provisions of the Open Meetings Law.

Section 2: Provides the effective date.

Justification

"It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner; and the citi- zens of this State be fully aware of and able to observe the perform- ances of public officials and attend and listen to the deliberations and decisions that go into the making of public policy; and the people must be able to remain informed if they are to retain control over those who are their public servants; and the Open Meetings Law requires every meeting of a public body shall be open to the general public." This directive, an excerpt from Executive Order first issued in 2007 and reaffirmed by Governor Cuomo was issued in an effort to achieve openness and transparency in access to the governmental decision-making process.

Nevertheless, there are a number of bodies created by executive order or created to perform functions in the governmental decision-making proc- ess, that are not subject to the Open Meetings Law. Due to this, these bodies conduct business behind closed doors and have excluded interested parties who have attempted to attend its sessions. In keeping with recent legislative initiatives aimed at greater transparency, these bodies should be open to public scrutiny. The work of our state's public bodies has a profound effect on the functioning of government and it is essential to our democratic process that members of the public are fully aware of and have the opportunity to observe the deliberations and deci- sions that go into the making of public policy.

This legislation will ensure that those bodies which play a key role in the decision making process are covered by the Open Meetings Law, even if they do not have the authority to make final and binding decisions.

Prior legislative history

A.5783, 2017 and 2018, referred to governmental operations. Similar to A.1389 of 2015 and 2016, referred to governmental operations. A. 413, 2013 and 2014 referred to governmental operations. A.74, 2011 and 2012 referred to governmental operations. A.3081, 2009 and 2010 referred to governmental operations. A.11085, 2008 referred to rules. Same as 5.2422 of 23015 and 2015, referred to investigations and govern- mental operations.

5.1548, 2013 and 2014 referred to investigations and governmental oper- ations. 5.1772, 2011 and 2012 referred to investigations and governmental oper- ations. Same as 5.3247, 2009 and 2010 referred to investigations and govern- mental operations. Same as S.7424A, 2008 passed in the Senate.

Fiscal implications

None

Effective date

This act takes effect immediately.

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