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.