senate Bill S393B

2011-2012 Legislative Session

Relates to publishing records of public interest by agencies and the legislature

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 15, 2012 print number 393b
amend and recommit to rules
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to investigations and government operations
May 06, 2011 print number 393a
amend and recommit to investigations and government operations
Jan 05, 2011 referred to investigations and government operations

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S393 - Bill Details

See Assembly Version of this Bill:
A5867B
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §84, add §90, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S7109, A10314

S393 - Bill Texts

view summary

Relates to publishing records of public interest by agencies and the legislature on their websites.

view sponsor memo
BILL NUMBER:S393

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, or are likely to become the subject of frequent
requests, be pro actively published on the website of the agency,
state legislature. Frequent request is defined as a request made
three or more times in a twelve month period. The provisions of the
section do not apply to the records subject to the personal privacy
protection law found in section 96, Article 6-A 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 U.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 proactive1y. 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
pro actively publishing records on the
internet that are likely to be the subject of frequent requests,
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 1(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

FISCAL IMPLICATIONS TO THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   393

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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

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.
                                                           LBD00837-01-1

S. 393                              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, 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.

Co-Sponsors

S393A - Bill Details

See Assembly Version of this Bill:
A5867B
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §84, add §90, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S7109, A10314

S393A - Bill Texts

view summary

Relates to publishing records of public interest by agencies and the legislature on their websites.

view sponsor memo
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 393--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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.

Co-Sponsors

S393B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5867B
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §84, add §90, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S7109, A10314

S393B (ACTIVE) - Bill Texts

view summary

Relates to publishing records of public interest by agencies and the legislature on their websites.

view sponsor memo
BILL NUMBER:S393B

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 proactively 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 of the bill amends section 84 of the public officers law to
acknowledge the changes in technology since the law was first enacted in
the 1970s, and to encourage agencies to publish records proactively.

Section two of the bill renumbers section 90 of the public officers law
as section 90-a, and a new section 90 is added to require that each
agency and house of the state legislature shall publish, on its internet
website, to the extent that its practicable, records or portions of
records that are available to the public pursuant to the provisions of
this article, or which, in consideration of their nature, content or
subject matter, are determined by the agency to be of substantial inter-
est to the public.

In addition, this section provides that records may be removed from the
internet website when the agency determines that they are no longer of
substantial interest to the public or when they have reached the end of
their legal retention period.

The provisions of subdivision one of this section shall not apply to
records or portions of records the disclosure of which would constitute
an unwarranted invasion of personal privacy in accordance with subdivi-
sion two of section eighty-nine of this article., The committee on open
government shall promulgate regulations to effectuate the section.

Section three of the bill sets forth the effective date.

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 U.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 publish-

ing records on the, internet that arc likely to be the subject of
frequent requests, 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.

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 393--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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 --
  recommitted to the Committee on Investigations  and  Government  Oper-
  ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged and said bill  committed  to  the  Committee  on  Rules  --
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00837-05-2

S. 393--B                           2

  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:
  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  DETERMINED  BY
THE AGENCY TO BE OF SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS
MAY BE REMOVED FROM THE INTERNET WEBSITE WHEN THE AGENCY DETERMINES THAT
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.

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