NY State Senate Bill 2009-S3433

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Mar 19, 2009	referred to investigations and government operations

2009-S3433 (ACTIVE) - Details

See Assembly Version of this Bill:: A3584
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Add Art 6-B §§99-a - 99-c, amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2256
2013-2014: A5595

2009-S3433 (ACTIVE) - Summary

Creates the "Electronic Access to Records Act"; requires all state public records to be accessible on the Internet; prohibits provision of personal identifying information, unless explicitly required by law.

2009-S3433 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3433

 TITLE OF BILL :
An act to amend the public officers law, in relation to electronic
access to records

 PURPOSE :
To enhance the Freedom of Information Law to allow electronic access
to State records.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill adds article 6-B to the Public Officer's Law, requiring
agencies of the State to provide free public access to records via the
internet. It also would require agencies to promulgate regulations
related to such electronic access and allow agencies to strike any
personal identifying information contained in such records.

 JUSTIFICATION :
More than two decades ago, the Freedom of Information Law offered New
Yorkers an unprecedented level of access to the workings of their
government. As information technology throughout the world continues
to develop in leaps and bounds, the availability and ease of retrieval
of information of all types has become more and more effortless. The
State of New York must act so that it does not lag behind any
government, organization, or corporate entity in making available
public documents through electronic resources, the Internet in

particular.

To address the constantly changing manner in which people seek to
attain public records, the State must enact legislation which seeks to
serve two purposes: First, the government must act to ensure that the
Freedom of Information Law maximizes the accessibility of records; and
Second, to guarantee the integrity of the State's information systems
to prevent misuse. This legislation answers both of these questions.
When electronic information systems are developed in manner, which
balances disclosure and security, as promoted in this bill, a more
efficient and more beneficial structure can be achieved for the State,
its agencies, and the public.

While some records are already available electronically, it has been
done in a haphazard manner. It is inevitable that government records
will be available via the internet in the near future. The
Legislature, through this bill, has the opportunity to act proactively
to ensure that this process is done with a responsible, comprehensive,
and coordinated State approach.

The goal of the original Freedom of Information Law was to promote the
public good by disclosing information as widely as possible and
without impediment. In order to succeed in fulfilling this mission,
the state must enact meaningful legislation that will require
utilization of the Internet as a secure conduit for public
information.

 PRIOR LEGISLATIVE HISTORY :
2007-08: A5941 - Referred to Ways and Means
2005-06: A.6036 - Reported to Codes
2003-04: A.2644-B - Reported to Codes

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Sixty days after enactment.

2009-S3433 (ACTIVE) - Bill Text download pdf

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

                                  3433

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06367-01-9

S. 3433                             2

  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:
  iii.  promulgate rules and regulations with respect to the implementa-
tion of subdivision one  and  paragraph  (c)  of  subdivision  three  of

S. 3433                             3

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.

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Senate Bill S3433

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2009-S3433 (ACTIVE) - Details

2009-S3433 (ACTIVE) - Summary

2009-S3433 (ACTIVE) - Sponsor Memo

2009-S3433 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3433

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2009-S3433 (ACTIVE) - Details

2009-S3433 (ACTIVE) - Summary

2009-S3433 (ACTIVE) - Sponsor Memo

2009-S3433 (ACTIVE) - Bill Text download pdf

Comments