Bill Text: NY A04788 | 2015-2016 | General Assembly | Amended

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Bill Title: Requires state authorities to conduct open meetings and provide an internet broadcast of its meetings.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Engrossed - Dead) 2015-06-24 - substituted by s5990 [A04788 Detail]

Download: New_York-2015-A04788-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4788--B
                                                               Cal. No. 113
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2015
                                      ___________
       Introduced by M. of A. QUART, SEAWRIGHT, ABINANTI, FRIEND, MOSLEY, BLAKE
         --  Multi-Sponsored  by -- M. of A. BRENNAN, LAWRENCE, OTIS, ROBINSON,
         SCHIMEL -- read once and referred to the  Committee  on  Corporations,
         Authorities  and Commissions -- reported and referred to the Committee
         on Codes -- passed by Assembly and delivered to the  Senate,  recalled
         from  the  Senate, vote reconsidered, bill amended, ordered reprinted,
         retaining its place on the order  of  third  reading  --  repassed  by
         Assembly  and  delivered to the Senate, recalled from the Senate, vote
         reconsidered, bill amended, ordered reprinted, retaining its place  on
         the order of third reading
       AN  ACT  to  amend  the public authorities law, in relation to requiring
         open meetings and the internet broadcast  of  open  meetings  of  each
         state authority
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public authorities law is amended  by  adding  two  new
    2  sections 2824-b and 2824-c to read as follows:
    3    S  2824-B. OPEN MEETINGS. EACH STATE AUTHORITY SHALL BE SUBJECT TO THE
    4  PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
    5    S 2824-C. INTERNET BROADCAST OF OPEN MEETINGS. 1. EACH STATE AUTHORITY
    6  SHALL BROADCAST OVER THE INTERNET, LIVE VIDEO AND  AUDIO  OF  EACH  OPEN
    7  MEETING  HELD  BY THE AUTHORITY. THE TIME AND PLACE OF EACH SUCH MEETING
    8  SHALL BE CONSPICUOUSLY POSTED ON THE STATE AUTHORITY'S INTERNET  WEBSITE
    9  AT LEAST ONE WEEK PRIOR TO SUCH MEETING.
   10    2.  ALL  MEETINGS BROADCAST IN ACCORDANCE WITH SUBDIVISION ONE OF THIS
   11  SECTION SHALL BE RECORDED, ARCHIVED, AND MADE ACCESSIBLE TO  THE  PUBLIC
   12  ON ITS WEBSITE FOR AT LEAST ONE YEAR AFTER THE DATE OF THE MEETING.
   13    3.  THE  PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MEETINGS OF THE
   14  BOARD BUT SHALL NOT APPLY TO EXECUTIVE SESSIONS HELD IN ACCORDANCE  WITH
   15  ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01911-07-5
       A. 4788--B                          2
    1    4.  EACH  STATE  AUTHORITY  WHICH:  (A)  HAS  REVENUE OF LESS THAN ONE
    2  MILLION DOLLARS; (B) HAS OUTSTANDING BONDS OR  DEBT  OF  LESS  THAN  ONE
    3  MILLION  DOLLARS;  AND (C) IS ALLOCATED LESS THAN ONE MILLION DOLLARS IN
    4  STATE, COUNTY OR MUNICIPAL ANNUAL APPROPRIATIONS, MAY WAIVE, FOR A PERI-
    5  OD  OF  ONE YEAR, THE REQUIREMENTS SET FORTH IN SUBDIVISIONS ONE AND TWO
    6  OF THIS SECTION, IF VOTED UPON AND APPROVED BY THE BOARD  OF  THE  STATE
    7  AUTHORITY.
    8    5. EACH STATE AUTHORITY THAT APPROVES A WAIVER PURSUANT TO SUBDIVISION
    9  FOUR  OF  THIS  SECTION SHALL BE REQUIRED TO SATISFY THE REQUIREMENTS OF
   10  SUBDIVISIONS ONE AND TWO OF THIS SECTION IF  THEY  SURPASS  ANY  OF  THE
   11  RESPECTIVE  ONE  MILLION DOLLAR THRESHOLDS SET FORTH IN SUBDIVISION FOUR
   12  OF THIS SECTION, IN ANY FISCAL YEAR.
   13    6. ANY AGGRIEVED PERSON SHALL HAVE STANDING TO ENFORCE THE  PROVISIONS
   14  OF  THIS  SECTION  AGAINST  A  STATE  AUTHORITY BY THE COMMENCEMENT OF A
   15  PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW
   16  AND RULES, OR AN ACTION FOR DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF.
   17  IN  ANY  SUCH  ACTION  OR PROCEEDING, IF A COURT DETERMINES THAT A STATE
   18  AUTHORITY FAILED TO COMPLY WITH THIS SECTION, THE COURT SHALL  HAVE  THE
   19  POWER,  IN  ITS  DISCRETION,  UPON GOOD CAUSE SHOWN, TO DECLARE THAT THE
   20  STATE AUTHORITY VIOLATED THIS SECTION AND/OR DECLARE THE ACTION TAKEN IN
   21  RELATION TO SUCH VIOLATION VOID, IN WHOLE OR IN PART, WITHOUT  PREJUDICE
   22  TO THE RECONSIDERATION IN COMPLIANCE WITH THIS SECTION.
   23    S 2. This act shall take effect on the one hundred eightieth day after
   24  it shall have become a law.