S T A T E O F N E W Y O R K ________________________________________________________________________ 72--B Cal. No. 95 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. PAULIN, MARKEY, REILLY, GALEF, CASTRO, KAVANAGH, PERRY, SPANO, ZEBROWSKI, LIFTON, LATIMER -- Multi-Sponsored by -- M. of A. ABINANTI, GIBSON, LUPARDO, M. MILLER, THIELE, WEISENBERG -- read once and referred to the Committee on Governmental Operations -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 officers law, in relation to requiring certain records which are the subject of a discussion conducted at an open meeting be made available to the public THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 103 of the public officers law is amended by adding 2 a new subdivision (e) to read as follows: 3 (E) AGENCY RECORDS AVAILABLE TO THE PUBLIC PURSUANT TO ARTICLE SIX OF 4 THIS CHAPTER, AS WELL AS ANY PROPOSED RESOLUTION, LAW, RULE, REGULATION, 5 POLICY OR ANY AMENDMENT THERETO, THAT IS SCHEDULED TO BE THE SUBJECT OF 6 DISCUSSION BY A PUBLIC BODY DURING AN OPEN MEETING SHALL BE MADE AVAIL- 7 ABLE, UPON REQUEST THEREFOR, TO THE EXTENT PRACTICABLE AS DETERMINED BY 8 THE AGENCY OR THE DEPARTMENT, PRIOR TO OR AT THE MEETING DURING WHICH 9 THE RECORDS WILL BE DISCUSSED. COPIES OF SUCH RECORDS MAY BE MADE 10 AVAILABLE FOR A REASONABLE FEE, DETERMINED IN THE SAME MANNER AS 11 PROVIDED THEREFOR IN ARTICLE SIX OF THIS CHAPTER. IF THE AGENCY IN 12 WHICH A PUBLIC BODY FUNCTIONS MAINTAINS A REGULARLY AND ROUTINELY 13 UPDATED WEBSITE AND UTILIZES A HIGH SPEED INTERNET CONNECTION, SUCH 14 RECORDS SHALL BE POSTED ON THE WEBSITE TO THE EXTENT PRACTICABLE AS 15 DETERMINED BY THE AGENCY OR THE DEPARTMENT, PRIOR TO THE MEETING. AN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00911-11-1 A. 72--B 2 1 AGENCY MAY, BUT SHALL NOT BE REQUIRED TO, EXPEND ADDITIONAL MONEYS TO 2 IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION. 3 S 2. This act shall take effect on the thirtieth day after it shall 4 have become a law.