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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4788
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2015
                                      ___________
       Introduced by M. of A. QUART -- Multi-Sponsored by -- M. of A. ABINANTI,
         BRENNAN,  OTIS  --  read  once and referred to the Committee on Corpo-
         rations, Authorities and Commissions
       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 and local 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  AND  LOCAL  AUTHORITY
    4  SHALL  BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFI-
    5  CERS LAW.
    6    S 2824-C. INTERNET BROADCAST OF OPEN MEETINGS. 1. EACH STATE AUTHORITY
    7  AND LOCAL AUTHORITY SHALL BROADCAST OVER THE INTERNET,  LIVE  VIDEO  AND
    8  AUDIO  OF EACH OPEN MEETING HELD BY THE AUTHORITY. THE TIME AND PLACE OF
    9  EACH SUCH MEETING SHALL BE CONSPICUOUSLY POSTED ON THE  STATE  AUTHORITY
   10  OR  LOCAL  AUTHORITY'S  INTERNET WEBSITE AT LEAST ONE WEEK PRIOR TO SUCH
   11  MEETING.
   12    2. ALL MEETINGS BROADCAST IN ACCORDANCE WITH SUBDIVISION ONE  OF  THIS
   13  SECTION  SHALL  BE RECORDED, ARCHIVED, AND MADE ACCESSIBLE TO THE PUBLIC
   14  ON ITS WEBSITE FOR AT LEAST ONE YEAR AFTER THE DATE OF THE MEETING.
   15    3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MEETINGS  OF  THE
   16  BOARD AND ITS COMMITTEES, BUT SHALL NOT APPLY TO EXECUTIVE SESSIONS HELD
   17  IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
   18    4.  EACH STATE AUTHORITY AND LOCAL AUTHORITY WHICH: (A) HAS REVENUE OF
   19  LESS THAN ONE MILLION DOLLARS; (B) HAS OUTSTANDING BONDS OR DEBT OF LESS
   20  THAN ONE MILLION DOLLARS; AND (C) IS ALLOCATED  LESS  THAN  ONE  MILLION
   21  DOLLARS  IN STATE, COUNTY OR MUNICIPAL ANNUAL APPROPRIATIONS, MAY WAIVE,
   22  FOR A PERIOD OF ONE YEAR, THE REQUIREMENTS SET FORTH IN SUBDIVISIONS ONE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01911-01-5
       A. 4788                             2
    1  AND TWO OF THIS SECTION, IF VOTED UPON AND APPROVED BY THE BOARD OF  THE
    2  STATE AUTHORITY OR LOCAL AUTHORITY.
    3    5.  EACH  STATE  AUTHORITY  AND LOCAL AUTHORITY THAT APPROVES A WAIVER
    4  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL BE REQUIRED TO SATIS-
    5  FY THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION IF  THEY
    6  SURPASS ANY OF THE RESPECTIVE ONE MILLION DOLLAR THRESHOLDS SET FORTH IN
    7  SUBDIVISION FOUR OF THIS SECTION, IN ANY FISCAL YEAR.
    8    6.  ANY AGGRIEVED PERSON SHALL HAVE STANDING TO ENFORCE THE PROVISIONS
    9  OF THIS SECTION AGAINST A STATE AUTHORITY  OR  LOCAL  AUTHORITY  BY  THE
   10  COMMENCEMENT  OF  A  PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
   11  CIVIL PRACTICE LAW AND RULES, OR AN ACTION FOR DECLARATORY JUDGEMENT AND
   12  INJUNCTIVE RELIEF. IN ANY SUCH ACTION OR PROCEEDING, IF A  COURT  DETER-
   13  MINES  THAT  A  STATE AUTHORITY OR LOCAL AUTHORITY FAILED TO COMPLY WITH
   14  THIS SECTION, THE COURT SHALL HAVE THE POWER, IN  ITS  DISCRETION,  UPON
   15  GOOD CAUSE SHOWN, TO DECLARE THAT THE STATE AUTHORITY OR LOCAL AUTHORITY
   16  VIOLATED  THIS  SECTION  AND/OR  DECLARE THE ACTION TAKEN IN RELATION TO
   17  SUCH VIOLATION VOID, IN WHOLE OR  IN  PART,  WITHOUT  PREJUDICE  TO  THE
   18  RECONSIDERATION IN COMPLIANCE WITH THIS SECTION.
   19    7.  IN  ANY  PROCEEDING  BROUGHT  PURSUANT  TO THIS SECTION, COSTS AND
   20  REASONABLE ATTORNEY FEES MAY BE AWARDED BY THE COURT, IN ITS DISCRETION,
   21  TO THE SUCCESSFUL PARTY.
   22    S 2. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law.