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A08703 Summary:

BILL NOA08703
 
SAME ASSAME AS S07803
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd 102, Pub Off L (as proposed in S.1625-a & A.924-a)
 
Amends the definition of a "public body"; adds the requirement that entities created to perform a necessary function in the decision-making process, must require a quorum in order to conduct public business and consist of 2 or more members, in order to meet the definition of a "public body".
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A08703 Actions:

BILL NOA08703
 
01/10/2022referred to governmental operations
01/25/2022reported
01/27/2022advanced to third reading cal.316
01/31/2022substituted by s7803
 S07803 AMEND= SKOUFIS
 01/11/2022REFERRED TO RULES
 01/18/2022ORDERED TO THIRD READING CAL.169
 01/31/2022PASSED SENATE
 01/31/2022DELIVERED TO ASSEMBLY
 01/31/2022referred to governmental operations
 01/31/2022substituted for a8703
 01/31/2022ordered to third reading cal.316
 01/31/2022passed assembly
 01/31/2022returned to senate
 02/24/2022DELIVERED TO GOVERNOR
 02/24/2022SIGNED CHAP.115
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A08703 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8703
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public officers law, in relation to amending the definition of a "public body"   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make changes to Chapter 676 of the Laws of 2021.   SUMMARY OF PROVISIONS: This bill makes changes to the definition of the term "public body" in the Public Officers Law to include entities created by a public body which require a quorum.   JUSTIFICATION: It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner; and the citi- zens of this State be fully aware of and able to observe the perform- ances of public officials and attend and listen to the deliberations and decisions that go into the making of public policy; and the people must be able to remain informed if they are to retain control over those who are their public servants; and the Open Meetings Law requires every meeting of a public body shall be open to the general public." This directive, an excerpt from Executive Order first issued in 2007 and reaffirmed by Governor Cuomo was issued in an effort to achieve openness and transparency in access to the governmental decision-making process. Nevertheless, there are a number of bodies created by executive order or created to perform functions in the governmental decision-making proc- ess, that are not subject to the Open Meetings Law. Due to this, these bodies conduct business behind closed doors and have excluded interested parties who have attempted to attend its sessions. In keeping with recent legislative initiatives aimed at greater transparency, these bodies should be open to public scrutiny. The work of our state's public bodies has a profound effect on the functioning of government and it is essential to our democratic process that members of the public are fully aware of and have the opportunity to observe the deliberations and deci- sions that go into the making of public policy. This legislation will ensure that those bodies which play a key role in the decision making process are covered by the Open Meetings Law, even if they do not have the authority to make final and binding decisions.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2021 amending the public officers law relating to amending the definition of a "public body", as proposed in legislative bills numbers S. 1625-a and A. 924-a, takes effect.
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A08703 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8703
 
                   IN ASSEMBLY
 
                                    January 10, 2022
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  to  amend  the public officers law, in relation to amending the
          definition of a "public body"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Subdivision 2 of section 102 of the public officers law,
     2  as amended by a chapter of the laws of 2021 amending the public officers
     3  law relating to amending the definition of a "public body", as  proposed
     4  in  legislative bills numbers S. 1625-a and A. 924-a, is amended to read
     5  as follows:
     6    2. "Public body" means any entity, for which a quorum is  required  in
     7  order  to  conduct  public  business  and  which consists of two or more
     8  members, performing a governmental function for  the  state  or  for  an
     9  agency  or department thereof, or for a public corporation as defined in
    10  section sixty-six of the  general  construction  law,  or  committee  or
    11  subcommittee  or other similar body consisting of members of such public
    12  body, or an entity created or appointed to perform a necessary  function
    13  in  the  decision-making process for which a quorum is required in order
    14  to conduct public business and which consists of two or more members.  A
    15  necessary  function in the decision-making process shall not include the
    16  provision of recommendations or guidance which is  purely  advisory  and
    17  which  does not require further action by the state or agency or depart-
    18  ment thereof or public corporation as defined in  section  sixty-six  of
    19  the general construction law.
    20    §  2.  This  act  shall  take  effect on the same date and in the same
    21  manner as a chapter of the laws of 2021 amending the public officers law
    22  relating to amending the definition of a "public body", as  proposed  in
    23  legislative bills numbers S. 1625-a and A. 924-a, takes effect.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02035-04-2
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