Thiele, Fahy, Durso, Seawright, Zinerman, Dinowitz, Gunther, Burdick, Stirpe, Brown K, Giglio JA
MLTSPNSR
Amd §103, Pub Off L; amd §50, Pub Bldg L
Authorizes the public to participate in public meetings in person or remotely through the use of a telephone conference, a video conference, and/or other similar technology.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7914
SPONSOR: Simon TITLE OF BILL:
An act to amend the public officers law and the public buildings law, in
relation to authorizing the public to participate in public meetings in
person or remotely
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to allow the public to participate in
public meetings in person or remotely
SUMMARY OF PROVISIONS: Section 1.
* Subdivision (b) of section 103 of the Public Officers Law is amended
by removing 'the physically handicapped' and replacing it with 'persons
with disabilities'.
* Subdivision (d) of section 103 of the Public Officers Law is amended
adding "Any meeting of a public body shall allow the public to partic-
ipate in the meeting in person or remotely through the use of a tele-
phone conference, a video conference and/or other similar technology.
Section 2.
* Subdivision 5 of section 50 of the Public Buildings Law, is amended by
removing 'physically handicapped' and replacing it with 'persons with
disabilities'.
Section 3.
* Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This portion of this memorandum is not applicable at this time.
JUSTIFICATION:
As the Emergency Declaration of 2020 expired, it seemed only fitting
that New York State continue some of the temporary policies that worked
best during the epidemic. One of those policies provided increased
access to public meetings by allowing the public to participate via
video and telephone conference technologies. By allowing public partic-
ipation from those unable to physically attend, New York State is
expanding the number of voices that may be heard.
PRIOR LEGISLATIVE HISTORY:
2020-21: A8367 Galef - referred to governmental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7914
2023-2024 Regular Sessions
IN ASSEMBLY
August 4, 2023
___________
Introduced by M. of A. SIMON, THIELE, FAHY, DURSO, SEAWRIGHT, ZINERMAN,
DINOWITZ, GUNTHER, BURDICK, STIRPE, K. BROWN, J. A. GIGLIO -- read
once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law and the public buildings law, in
relation to authorizing the public to participate in public meetings
in person or remotely
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions (b) and (d) of section 103 of the public offi-
2 cers law, subdivision (b) as added by chapter 368 of the laws of 1977
3 and subdivision (d) as added by chapter 43 of the laws of 2010, are
4 amended to read as follows:
5 (b) Public bodies shall make or cause to be made all reasonable
6 efforts to ensure that meetings are held in facilities that permit
7 barrier-free physical access to [the physically handicapped] persons
8 with disabilities, as defined in subdivision five of section fifty of
9 the public buildings law.
10 (d) 1. Any meeting of a public body that is open to the public shall
11 be open to being photographed, broadcast, webcast, or otherwise recorded
12 and/or transmitted by audio or video means. As used herein the term
13 "broadcast" shall also include the transmission of signals by cable.
14 2. Any meeting of a public body shall allow the public to participate
15 in the meeting in person or remotely through the use of a telephone
16 conference, a video conference and/or other similar technology.
17 3. A public body may adopt rules, consistent with recommendations from
18 the committee on open government, reasonably governing the location of
19 equipment and personnel used to photograph, broadcast, webcast, or
20 otherwise record a meeting so as to conduct its proceedings in an order-
21 ly manner. Such rules shall be conspicuously posted during meetings and
22 written copies shall be provided upon request to those in attendance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09795-01-3
A. 7914 2
1 § 2. Subdivision 5 of section 50 of the public buildings law, as added
2 by chapter 656 of the laws of 1972, is amended to read as follows:
3 5. ["Physically handicapped"] "Persons with disabilities" means
4 (a) impairment requiring confinement to a wheel chair; or
5 (b) impairment causing difficulty or insecurity in walking or climbing
6 stairs or requiring the use of braces, crutches or other artificial
7 supports; or impairment caused by amputation, arthritis, spastic condi-
8 tion or pulmonary, cardiac or other ills rendering the individual semi-
9 ambulatory; or
10 (c) total or partial impairment of hearing or sight causing insecurity
11 or likelihood of exposure to danger in public places; or
12 (d) impairment due to conditions of aging and incoordination.
13 § 3. This act shall take effect immediately.
