Relates to the definition of a public body pursuant to the open meetings law; includes any advisory committee to a public body, whether created by such public body or created pursuant to federal, state or local law.
TITLE OF BILL: An act to amend the public officers law, in relation to the definition of a public body pursuant to the open meetings law
PURPOSE: Relates to the definition of a public body pursuant to the open meetings law.
SUMMARY OF PROVISIONS: Subdivision 2 of section 102 of the public officers law, as amended by chapter 704 of the laws of 1979 and such section as renumbered by chapter 652 of the laws of 1983, is amended.
JUSTIFICATION: Under current law, any public body that is comprised of public officers and possesses decision-making authority, is subject to the open meetings law. However, many times local government officials appoint and/or create committees, often adversary in nature, who hold routine meetings and have legitimate guidelines and mission they must adhere to. These committees that are appointed by a public body are not subject to the open meetings law.
It is the goal of this legislation to create greater transparency with regard to government appointed entities who by nature, advise said government on local matters.
LEGISLATIVE HISTORY: 2009-10: S.1720
FISCAL IMPLICATIONS: None to state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 811 A. 522 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Investi- gations and Government Operations IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public officers law, in relation to the definition of a public body pursuant to the open meetings law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 102 of the public officers law, as amended by chapter 704 of the laws of 1979 and such section as renum- bered by chapter 652 of the laws of 1983, is amended to read as follows: 2. "Public body" means any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporation as defined in section sixty-six of the general construction law, or committee or subcommittee or other similar body of such public body. A PUBLIC BODY SHALL ALSO INCLUDE ANY ADVISORY COMMITTEE TO A PUBLIC BODY, WHETHER CREATED BY SUCH PUBLIC BODY OR CREATED PURSUANT TO FEDERAL, STATE, OR LOCAL LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03741-01-1