Relates to publishing records of public interest by agencies and the legislature on their websites.
Law Section: Public Officers Law
Law: Amd S84, add S90, Pub Off L
Co-sponsor(s): SQUADRONCommittee: RULES
Law Section: Public Officers Law
Law: Amd S84, add S90, Pub Off L
- Mar 15, 2012: PRINT NUMBER 393B
- Mar 15, 2012: AMEND AND RECOMMIT TO RULES
- Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
- Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
- Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
- May 6, 2011: PRINT NUMBER 393A
- May 6, 2011: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
- Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
BILL NUMBER:S393A TITLE OF BILL: An act to amend the public officers law, in relation to publishing records of public interest by agencies and the state legislature PURPOSE: This bill requires each agency and house of the legislature to publish records pro actively on its internet website that are, or are likely to be the subject of frequent requests from the same or substantially the same records available under the freedom of information law. SUMMARY OF PROVISIONS: Section one amends the legislative declaration of section 84 of the freedom of information law to acknowledge the changes in technology since the law was first enacted in the 1970's to encourage agencies to publish records proactively. Section two renumbers section 90 of the public officers law as section 90-a and adds a new section 90 to the public officers law to require that records that are available under the freedom,of information law and that are of substantial interest to the public be proactively published on the website of the agency, state legislature. The provisions of the section do not apply to the records subject to the personal privacy protection law found in section 89 of the Public Officer's Law. The committee on open government shall promulgate regulations to effectuate the section. JUSTIFICATION: The Electronic Freedom of Information Act of 1996, popularly known as E-FOIA, amended the federal disclosure statutes to require agencies to publish records that are frequently requested, and available to the public under the law, proactively (5 D.S.C. � 552(a) (2) (D)). Federal agencies have interpreted frequently requested to mean three requests. Given the advances in technology since the freedom of information law was enacted, and even since E-FOIA, state agencies have the means to publish records proactively. And while many agencies make some records available to the public without a freedom of information request, there is no standard in law for proactive publication. By proactively publishing records on the internet that are of substantial interest to the public, agencies can refer individuals who request records to their website. According to the committee on open government, it is rare for an individual who is referred to the internet to object and request a hard copy. Since last year, the Senate has been a model for proactive publication of records available under the freedom of information law. In July 2009, the Senate enacted new chamber rules that require the proactive publication of records that are available under the freedom of information law. (Sen. Res. 2844, 232nd Sess., 2009 Sen. R. VII l(b), 3(a) (4), 4, Sen. R. XIV (1) (a).) The Senate makes most of its legislative records that are of important public interest available on its website. In addition, the Senate video records all committee meetings and hearings, which are also available on the website. LEGISLATIVE HISTORY: 2010: S.7109/A.10314 (similar) FISCAL IMPLICATIONS TO THE STATE: None. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 393--A 2011-2012 Regular Sessions I N SENATE (PREFILED) January 5, 2011 ___________ Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law, in relation to publishing records of public interest by agencies and the state legislature THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Section 84 of the public officers law, as added by chapter 933 of the laws of 1977, is amended to read as follows:
S 84. Legislative declaration. The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the under- standing and participation of the public in government. As state and local government services increase and public problems become more sophisticated and complex and therefore harder to solve, and with the resultant increase in revenues and expenditures, it is incum- bent upon the state and its localities to extend public accountability wherever and whenever feasible. The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. SINCE THE FREEDOM OF INFORMATION LAW, ADVANCES IN TECHNOLOGY HAVE ENHANCED THE ABILITY TO GAIN ACCESS TO AND WIDELY DISSEMINATE PUBLIC INFORMATION. ACCORDINGLY, THE LEGISLATURE FINDS THAT GOVERNMENT AGEN- CIES, TO THE EXTENT PRACTICABLE, SHOULD PUBLISH RECORDS THAT ARE OF PUBLIC INTEREST AND AVAILABLE UNDER THIS ARTICLE PROACTIVELY ON THE INTERNET. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00837-03-1 S. 393--A 2 The legislature therefore declares that government is the public's business and that the public, individually and collectively and repres- ented by a free press, should have access to the records of government in accordance with the provisions of this article. S 2. Section 90 of the public officers law is renumbered section 90-a and a new section 90 is added to read as follows:
S 90. RECORDS OF PUBLIC INTEREST. 1. EACH AGENCY AND HOUSE OF THE STATE LEGISLATURE SHALL PUBLISH, ON ITS INTERNET WEBSITE, TO THE EXTENT PRACTICABLE, RECORDS OR PORTIONS OF RECORDS THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO THE PROVISIONS OF THIS ARTICLE, OR WHICH, IN CONSID- ERATION OF THEIR NATURE, CONTENT OR SUBJECT MATTER, ARE OF SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM THE INTER- NET WEBSITE WHEN THEY ARE NO LONGER OF SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM THE INTERNET WEBSITE WHEN THEY HAVE REACHED THE END OF THEIR LEGAL RETENTION PERIOD. GUIDANCE ON CREATING RECORDS IN ACCESSIBLE FORMATS AND ENSURING THEIR CONTINUING ACCESSIBILITY SHALL BE AVAILABLE FROM THE OFFICE FOR TECHNOLOGY AND THE STATE ARCHIVES. 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO RECORDS OR PORTIONS OF RECORDS THE DISCLOSURE OF WHICH WOULD CONSTI- TUTE AN UNWARRANTED INVASION OF PERSONAL PRIVACY IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THIS ARTICLE. 3. THE COMMITTEE ON OPEN GOVERNMENT SHALL PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION. 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS TO LIMIT OR ABRIDGE THE POWER OF AN AGENCY OR HOUSE OF THE STATE LEGISLATURE TO PUBLISH RECORDS ON ITS INTERNET WEBSITE THAT ARE SUBJECT TO THE PROVISIONS OF THIS ARTICLE PRIOR TO A WRITTEN REQUEST OR PRIOR TO A FREQUENT REQUEST. S 3. This act shall take effect on the ninetieth day after it shall have become a law.