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

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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4788--A
                                                               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
       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 AND ITS COMMITTEES, BUT SHALL NOT APPLY TO EXECUTIVE SESSIONS HELD
   15  IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
   16    4.  EACH  STATE  AUTHORITY  WHICH:  (A)  HAS  REVENUE OF LESS THAN ONE
   17  MILLION DOLLARS; (B) HAS OUTSTANDING BONDS OR  DEBT  OF  LESS  THAN  ONE
   18  MILLION  DOLLARS;  AND (C) IS ALLOCATED LESS THAN ONE MILLION DOLLARS IN
   19  STATE, COUNTY OR MUNICIPAL ANNUAL APPROPRIATIONS, MAY WAIVE, FOR A PERI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01911-05-5
       A. 4788--A                          2
    1  OD OF ONE YEAR, THE REQUIREMENTS SET FORTH IN SUBDIVISIONS ONE  AND  TWO
    2  OF  THIS  SECTION,  IF VOTED UPON AND APPROVED BY THE BOARD OF THE STATE
    3  AUTHORITY.
    4    5. EACH STATE AUTHORITY THAT APPROVES A WAIVER PURSUANT TO SUBDIVISION
    5  FOUR  OF  THIS  SECTION SHALL BE REQUIRED TO SATISFY THE REQUIREMENTS OF
    6  SUBDIVISIONS ONE AND TWO OF THIS SECTION IF  THEY  SURPASS  ANY  OF  THE
    7  RESPECTIVE  ONE  MILLION DOLLAR THRESHOLDS SET FORTH IN SUBDIVISION FOUR
    8  OF THIS SECTION, IN ANY FISCAL YEAR.
    9    6. ANY AGGRIEVED PERSON SHALL HAVE STANDING TO ENFORCE THE  PROVISIONS
   10  OF  THIS  SECTION  AGAINST  A  STATE  AUTHORITY BY THE COMMENCEMENT OF A
   11  PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW
   12  AND RULES, OR AN ACTION FOR DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF.
   13  IN  ANY  SUCH  ACTION  OR PROCEEDING, IF A COURT DETERMINES THAT A STATE
   14  AUTHORITY FAILED TO COMPLY WITH THIS SECTION, THE COURT SHALL  HAVE  THE
   15  POWER,  IN  ITS  DISCRETION,  UPON GOOD CAUSE SHOWN, TO DECLARE THAT THE
   16  STATE AUTHORITY VIOLATED THIS SECTION AND/OR DECLARE THE ACTION TAKEN IN
   17  RELATION TO SUCH VIOLATION VOID, IN WHOLE OR IN PART, WITHOUT  PREJUDICE
   18  TO THE RECONSIDERATION IN COMPLIANCE WITH THIS SECTION.
   19    S 2. This act shall take effect on the one hundred eightieth day after
   20  it shall have become a law.