Assembly Bill A6213

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

                                  6213

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of  A.  BARRA, KOLB -- read once and referred to the
  Committee on Governmental Operations

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

  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
                      ACCESS TO PUBLIC INFORMATION

SECTION 99-A. SHORT TITLE.
        99-B. DEFINITIONS.
        99-C. ACCESS TO PUBLIC INFORMATION, ELECTRONIC MEANS.
  S 99-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
THE "ACCESS TO PUBLIC INFORMATION 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 OR ANY ONE OR MORE MUNICIPALITIES  THEREOF,
EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE.
  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-
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.
  S 99-C. ACCESS TO PUBLIC  INFORMATION,  ELECTRONIC  MEANS.  1.  WITHIN
NINETY  DAYS  OF  THE  EFFECTIVE  DATE OF THIS ARTICLE, THE SECRETARY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD07258-01-9

A. 6213                             2

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. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE,  THE  SECRE-
TARY  OF  STATE SHALL PRESENT TO THE GOVERNOR AND LEGISLATURE A PLAN FOR
PUBLIC ACCESS TO LOCAL GOVERNMENT AGENCY RECORDS VIA THE  INTERNET  DATA
NETWORK.
  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:
  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.