S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1050

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. DESTITO, POWELL, SWEENEY, WEPRIN, WRIGHT, HOYT,
  FIELDS, ENGLEBRIGHT, MAGNARELLI, ROSENTHAL, BRADLEY, RAMOS  --  Multi-
  Sponsored  by  --  M.  of  A.  ALESSI,  ALFANO,  BARRA,  BING, CUSICK,
  DelMONTE, DINOWITZ, GUNTHER, JOHN,  KOON,  LATIMER,  LIFTON,  MILLMAN,
  PAULIN,  PHEFFER, SCHROEDER -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the public  officers  law,  in  relation  to  electronic
  access to records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public officers law is amended by adding a new  article
6-B to read as follows:
                                ARTICLE 6-B
                      ELECTRONIC ACCESS TO RECORDS
SECTION 99-A. SHORT TITLE.
        99-B. DEFINITIONS.
        99-C. ELECTRONIC ACCESS TO RECORDS.
  S  99-A. SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "ELECTRONIC ACCESS TO RECORDS ACT".
  S 99-B. DEFINITIONS. AS USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
REQUIRES OTHERWISE:
  1.  "AGENCY"  MEANS  ANY  STATE  DEPARTMENT,  BOARD, BUREAU, DIVISION,
COMMISSION, COMMITTEE, PUBLIC AUTHORITY,  PUBLIC  CORPORATION,  COUNCIL,
OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRI-
ETARY FUNCTION FOR THE STATE, EXCEPT THE JUDICIARY OR THE STATE LEGISLA-
TURE.
  2.  "RECORD"  MEANS  ANY  INFORMATION  KEPT,  HELD, FILED, PRODUCED OR
REPRODUCED BY, AND CAN REASONABLY BE STORED ON AN ELECTRONIC DATA SYSTEM
FOR PUBLIC ACCESS WITH OR FOR AN AGENCY OR THE STATE LEGISLATURE, IN ANY
PHYSICAL FORM WHATSOEVER INCLUDING, BUT NOT LIMITED TO, REPORTS,  STATE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03787-01-9

A. 1050                             2

MENTS,  EXAMINATIONS,  MEMORANDA, OPINIONS, FOLDERS, FILES, BOOKS, MANU-
ALS, PAMPHLETS, FORMS, PAPERS, DESIGNS, DRAWINGS, MAPS, PHOTOS, LETTERS,
MICROFILMS, COMPUTER TAPES OR DISCS, RULES, REGULATIONS OR CODES.
  3.  "PERSONAL IDENTIFYING INFORMATION" MEANS A SOCIAL SECURITY NUMBER,
A DRIVER'S LICENSE NUMBER,  MOTHER'S  MAIDEN  NAME,  A  CONSUMER  CREDIT
ACCOUNT  NUMBER  OR  CODE,  A SAVINGS ACCOUNT NUMBER OR CODE, A CHECKING
ACCOUNT NUMBER OR CODE, OR A DEBIT ACCOUNT NUMBER OR CODE.
  S 99-C. ELECTRONIC ACCESS TO RECORDS.  1. WITHIN NINETY  DAYS  OF  THE
EFFECTIVE DATE OF THIS ARTICLE, THE SECRETARY OF STATE SHALL ESTABLISH A
MECHANISM  FOR  FREE  PUBLIC  ACCESS  TO  RECORDS  VIA THE INTERNET DATA
NETWORK.
  2. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTI-
CLE:
  (A)  EVERY  AGENCY  SHALL PROVIDE FREE PUBLIC ACCESS, VIA THE INTERNET
DATA SYSTEM, PURSUANT TO THE MECHANISM ESTABLISHED BY THE  SECRETARY  OF
STATE TO RECORDS CREATED ON OR AFTER SUCH DATE; AND
  (B) EVERY AGENCY SHALL PROVIDE THE SECRETARY OF STATE WITH
  (I)  A  LIST  OF  ALL EXISTING RECORDS THAT ARE MADE AVAILABLE VIA THE
INTERNET AND
  (II) A LIST OF ALL EXISTING RECORDS WHICH COULD BE MADE AVAILABLE  AND
FOR  WHICH  THERE IS A SUBSTANTIAL PUBLIC INTEREST IN ELECTRONIC ACCESS,
AS DETERMINED BY THE VOLUME OF REQUESTS FOR SUCH RECORDS UNDER THE FREE-
DOM OF INFORMATION LAW AND OTHER INFORMATION INDICATING PUBLIC INTEREST.
THE SECRETARY OF STATE SHALL POST THE INFORMATION PROVIDED  PURSUANT  TO
THIS  PARAGRAPH  ON  THE  DEPARTMENT OF STATE WEBSITE.   AN AGENCY SHALL
PROVIDE UPDATES TO ITS LISTS AT SUCH TIMES AND IN  SUCH  MANNER  AS  THE
SECRETARY OF STATE SHALL REQUIRE.
  3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, EVERY AGENCY
SHALL PROVIDE FREE PUBLIC ACCESS VIA THE INTERNET DATA NETWORK, PURSUANT
TO  THE  MECHANISM  ESTABLISHED  BY  THE  SECRETARY OF STATE, TO RECORDS
CREATED ON OR AFTER SUCH DATE.
  4. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY SHALL PROMULGATE POLICIES FOR  ACCESS  TO  THOSE  STATE  LEGISLATIVE
RECORDS, AS DESCRIBED IN SECTION EIGHTY-EIGHT OF THIS CHAPTER, WHICH MAY
REASONABLY BE STORED ON AN ELECTRONIC DATA SYSTEM FOR FREE PUBLIC ACCESS
VIA THE INTERNET DATA NETWORK.
  5.  UNLESS  AN  AGENCY  IS EXPLICITLY REQUIRED BY LAW TO POST PERSONAL
IDENTIFYING INFORMATION ON THE INTERNET, AN AGENCY SHALL REMOVE FROM ANY
IMAGE OR COPY OF A RECORD PLACED ON SUCH AGENCY'S INTERNET WEBSITE OR AN
INTERNET WEBSITE USED BY SUCH AGENCY TO DISPLAY PUBLIC RECORDS OR OTHER-
WISE MAKE ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC, PERSONAL IDEN-
TIFYING INFORMATION CONTAINED IN SUCH RECORD.
  6. THE SECRETARY OF STATE  MAY  PROMULGATE  SUCH  REGULATIONS  AS  ARE
NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
  7.  NOTHING  IN THIS SECTION SHALL REQUIRE AN AGENCY TO PROVIDE ACCESS
TO RECORDS TO A GREATER EXTENT THAN REQUIRED FOR SUCH RECORDS BY ARTICLE
SIX OF THIS CHAPTER. NOTHING IN  THIS  SECTION  SHALL  BE  CONSTRUED  AS
AUTHORIZING  ACCESS  TO  OR  DISCLOSURE  OF ANY RECORDS WHEN SUCH ACTION
WOULD BE PROHIBITED BY ARTICLE SIX-A OF THIS CHAPTER.
  8. THE OFFICE FOR TECHNOLOGY, THE STATE UNIVERSITY OF  NEW  YORK,  THE
STATE  ARCHIVES  AND  RECORDS  ADMINISTRATION  AND  OTHER AGENCIES SHALL
PROVIDE SUCH INFORMATION AND ASSISTANCE AS THE SECRETARY OF STATE  SHALL
REQUIRE IN IMPLEMENTING THIS ARTICLE.
  S 2.  Subparagraph iii of paragraph (b) of subdivision 1 of section 89
of  the  public  officers  law, as amended by chapter 182 of the laws of
2006, is amended to read as follows:

A. 1050                             3

  iii. promulgate rules and regulations with respect to the  implementa-
tion  of  subdivision  one  and  paragraph  (c)  of subdivision three of
section eighty-seven of this article AND WITH RESPECT TO THE IMPLEMENTA-
TION OF ARTICLE SIX-B OF THIS CHAPTER;
  S  3.    Severability. If any provision of this act or the application
thereof to any person or circumstance is adjudged invalid by a court  of
competent  jurisdiction,  such  judgment  shall not affect or impair the
validity of the other provisions of this act or the application  thereof
to other persons and circumstances.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.