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A08591 Summary:

BILL NOA08591
 
SAME ASSAME AS S07623-A
 
SPONSORThiele
 
COSPNSRZebrowski, Paulin, Abinanti, McDonald, Otis, Niou, Frontus, McMahon, Sillitti, Rosenthal L, Simon, Griffin, Cymbrowitz, Tapia, Reyes, Jacobson, Dinowitz
 
MLTSPNSR
 
Amd Part E 1 & 2, Chap 417 of 2021
 
Extends provisions of law authorizing political subdivisions to permit any public body to hold meetings remotely and without in-person access during the COVID-19 state disaster emergency.
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A08591 Actions:

BILL NOA08591
 
01/06/2022referred to governmental operations
01/10/2022reported referred to rules
01/10/2022reported
01/10/2022rules report cal.5
01/10/2022ordered to third reading rules cal.5
01/11/2022motion to amend lost
01/11/2022passed assembly
01/11/2022delivered to senate
01/11/2022REFERRED TO RULES
01/11/2022SUBSTITUTED FOR S7623A
01/11/20223RD READING CAL.12
01/11/2022PASSED SENATE
01/11/2022RETURNED TO ASSEMBLY
01/12/2022delivered to governor
01/14/2022signed chap.1
01/14/2022approval memo.1
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A08591 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8591
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend chapter 417 of the laws of 2021 relating to authorizing political subdivisions to permit any public body to hold meetings remotely and without in-person access during the COVID-19 state disaster emergency, in relation to public bodies holding meetings remotely and to the effectiveness thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to extend the current authorization for public bodies to meet remotely or by conference call.   SUMMARY OF PROVISIONS: This bill would extend the current authorization for state and local government entities to meet remotely by conference call or similar service, so long as the public has the ability to view or listen to such proceeding and provided such meetings are recorded and later tran- scribed.   JUSTIFICATION: During the COVID-19 pandemic, portions of the Open Meetings Law were modified to allow public business to continue while protecting public health by eliminating the need for congregation. This legislation will continue the authorization for remote public meetings to continue to be held until the current declared state of emergency has come to an end in the same manner as was allowed during the prior COVID-19 state disaster emergency declarations.   PRIOR LEGISLATIVE HISTORY: Chapter 417 of the Laws of 2021 Part E   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: Immediate
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A08591 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8591
 
                   IN ASSEMBLY
 
                                     January 6, 2022
                                       ___________
 
        Introduced  by  M.  of A. THIELE, ZEBROWSKI, PAULIN, ABINANTI, McDONALD,
          OTIS, NIOU, FRONTUS, McMAHON -- read once and referred to the  Commit-
          tee on Governmental Operations
 
        AN  ACT to amend chapter 417 of the laws of 2021 relating to authorizing
          political subdivisions to permit any  public  body  to  hold  meetings
          remotely and without in-person access during the COVID-19 state disas-
          ter  emergency, in relation to public bodies holding meetings remotely
          and to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Sections  1 and 2 of part E of chapter 417 of the laws of
     2  2021 relating to authorizing political subdivisions to permit any public
     3  body to hold meetings remotely and without in-person access  during  the
     4  COVID-19 state disaster emergency, are amended to read as follows:
     5    Section  1.  Notwithstanding the provisions of article 7 of the public
     6  officers law to the contrary,  any  [state  agency,  department,  corpo-
     7  ration,  office,  authority, board, or commission] public body, as [well
     8  as any local public body] defined pursuant to section one hundred two of
     9  the public officers law, [or public corporation as defined in section 66
    10  of the general construction law, or political subdivisions as defined in
    11  section 100 of the general municipal law, or a committee or subcommittee
    12  or other similar body of such entity,] shall be authorized to  meet  and
    13  take  such action authorized by law without permitting in public in-per-
    14  son access to meetings and authorize such meetings to be  held  remotely
    15  by  conference call or similar service, provided that the public has the
    16  ability to view or listen to such proceeding and that such meetings  are
    17  recorded  and  later  transcribed.  ["Local  public body" shall mean any
    18  entity for which a quorum is required in order to conduct  public  busi-
    19  ness  and  which  consists  of two or more members, performing a govern-
    20  mental function for an entity limited in the execution of  its  official
    21  functions  to a portion only of the state, or a political subdivision of
    22  the state, or for an agency or department thereof.]
    23    § 2. This act shall take effect immediately and shall  expire  and  be
    24  deemed repealed [January 15, 2022] upon the expiration or termination of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14074-04-2

        A. 8591                             2
 
     1  the  state disaster emergency declared pursuant to executive order 11 of
     2  2021 or any extension  or  modification  thereof;  provided  that    the
     3  commissioner  of  health  shall  notify  the  legislative  bill drafting
     4  commission  upon the occurrence of the expiration or termination of such
     5  executive order in order that the commission may  maintain  an  accurate
     6  and  timely  effective  database of the official text of the laws of the
     7  state of New York in  furtherance  of  effectuating  the  provisions  of
     8  section  44  of the legislative law and section 70-b of the public offi-
     9  cers law.
    10    § 2. This act shall take effect immediately.
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