S T A T E   O F   N E W   Y O R K
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                                  10314

                          I N  A S S E M B L Y

                             March 17, 2010
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Governmental Operations

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.
  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:

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

                                                           LBD16296-02-0

A. 10314                            2

  S 90. RECORDS OF PUBLIC INTEREST. 1. EACH  AGENCY  AND  HOUSE  OF  THE
STATE  LEGISLATURE  SHALL PUBLISH, ON ITS INTERNET WEBSITE, RECORDS THAT
HAVE BEEN RELEASED PURSUANT TO  THE  PROVISIONS  OF  THIS  ARTICLE  AND,
WHICH, IN CONSIDERATION OF THE NATURE, CONTENT OR SUBJECT MATTER, ARE OR
ARE  LIKELY  TO  BECOME THE SUBJECT OF FREQUENT REQUESTS FOR THE SAME OR
SUSTAINABLY SAME RECORDS IN ANY TWELVE MONTH PERIOD. A RECORD  SHALL  BE
DEEMED TO BE FREQUENTLY REQUESTED IF IT IS SOUGHT BY THE PUBLIC IN THREE
OR MORE REQUESTS RECEIVED WITHIN ANY TWELVE MONTH PERIOD.
  2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO RECORDS SUBJECT TO SECTION NINETY-SIX OF THIS CHAPTER.
  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.