S T A T E O F N E W Y O R K
________________________________________________________________________
10443--A
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the New York state printing and public documents law, in
relation to agency reports
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11 of the New York state printing and public docu-
ments law is amended by adding a new subdivision 4 to read as follows:
4. (A) THE STATE LIBRARY SHALL, IN CONSULTATION WITH THE LEGISLATIVE
LIBRARIAN PROVIDED FOR IN SECTION SEVEN-A OF THE LEGISLATIVE LAW, MAIN-
TAIN ON ITS WEBSITE AN INDEX OF ALL REPORTS THAT STATE LAW REQUIRES ANY
STATE AGENCY TO MAKE, ISSUE, SUBMIT, DELIVER, DISTRIBUTE, OR FORWARD TO
THE "LEGISLATURE" OR TO "MEMBERS OF THE LEGISLATURE" OR TO "BOTH HOUSES
OF THE LEGISLATURE" OR TO ANY PARTICULAR LEGISLATIVE OFFICERS OR CHAIR-
PERSONS OF LEGISLATIVE COMMITTEES, SUBCOMMITTEES, OR COMMISSIONS. SUCH
INDEX SHALL BE ENTITLED THE "INDEX OF REPORTS TO THE LEGISLATURE" AND AN
ELECTRONIC LINK TO SUCH INDEX SHALL BE AVAILABLE AND CLEARLY IDENTIFIED
ON THE HOMEPAGE OF SUCH WEBSITE. TO THE EXTENT PRACTICABLE, SUCH INDEX
SHALL INCLUDE A LINK TO THE CONTENTS OF EACH SUCH REPORT IN AN ELECTRON-
IC, ONLINE, OR MACHINE READABLE FORMAT, AVAILABLE EITHER ON THE STATE
LIBRARY'S WEBSITE, THE WEBSITE OF THE AGENCY REQUIRED TO MAKE, ISSUE,
SUBMIT, DELIVER, DISTRIBUTE, OR FORWARD THE REPORT, OR ANOTHER WEBSITE
MAINTAINED BY A STATE AGENCY. IF SUCH REPORT IS NOT AVAILABLE IN AN
ELECTRONIC, ONLINE, OR MACHINE READABLE FORMAT, THE INDEX SHALL INDICATE
HOW A LEGISLATOR OR THE PUBLIC MAY OBTAIN A PRINTED COPY.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING IN THIS
SUBDIVISION SHALL REQUIRE OR PERMIT THE STATE LIBRARY OR ANY STATE AGEN-
CY TO MAKE PUBLIC ANY SECURE OR CONFIDENTIAL INFORMATION THAT IS NOT
OTHERWISE MADE AVAILABLE TO THE PUBLIC BY A STATE AGENCY. WITHOUT LIMI-
TATION, SUCH INFORMATION THAT SHALL NOT BE REQUIRED OR PERMITTED BY THIS
SUBDIVISION TO BE MADE PUBLIC SHALL INCLUDE CONFIDENTIAL INFORMATION
ABOUT SECURITY MEASURES CONTAINED IN CERTAIN REPORTS PREPARED BY THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND CONFIDENTIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03222-02-2
A. 10443--A 2
TAXPAYER INFORMATION CONTAINED IN CERTAIN REPORTS PREPARED BY THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND CONFIDENTIAL
TAXPAYER INFORMATION CONTAINED IN CERTAIN REPORTS OF THE DEPARTMENT OF
TAXATION AND FINANCE, WHEN SUCH INFORMATION IS SUBMITTED TO THE LEGISLA-
TURE SUBJECT TO A REQUIREMENT THAT FURTHER DISCLOSURE IS PROHIBITED.
(C) INCLUSION OF ANY REPORT IN THE INDEX PROVIDED FOR IN THIS SECTION
SHALL NOT PRECLUDE THE STATE LIBRARY OR ANY STATE AGENCY FROM MAKING
SUCH REPORT AVAILABLE ON A DIFFERENT WEBPAGE OR THROUGH OTHER MEANS.
S 2. Subdivision 4 of section 12 of the New York state printing and
public documents law, as added by chapter 524 of the laws of 2005, is
amended to read as follows:
4. (a) Whenever state law requires a state agency to make, issue,
submit, deliver, distribute, or forward a report to the "legislature" or
to "members of the legislature" or to "both houses of the legisla-
ture[,]" or to any particular legislative officers or chairpersons of
legislative committees, subcommittees, or commissions, the agency shall
satisfy such requirement by NOTIFYING THE STATE LIBRARY THAT THE REPORT
SHOULD BE INCLUDED IN THE INDEX OF SUCH REPORTS PROVIDED FOR IN SUBDIVI-
SION FOUR OF SECTION ELEVEN OF THIS ARTICLE, PROVIDING ANY INFORMATION
THE STATE LIBRARY SHALL REQUIRE TO INCLUDE THE REPORT IN SUCH INDEX, AND
either:
(i) making, issuing, submitting, delivering, distributing or forward-
ing a printed copy of the report to each member of the legislature, or
to the specified legislative officers or chairpersons, as the case may
be; or
(ii) making [such document] THE REPORT available on its website and
sending [a] NOTICE BY printed letter or [notice] ELECTRONIC MAIL to each
member of the legislature, or to the specified legislative officers or
chairpersons, as the case may be, indicating the availability of such
report on the agency's website.
(b) Such [letter or] notice shall include: the name of the specific
report[,]; the specific web address at which the report can be accessed
or instructions on how to access the report from the agency's homepage[,
and]; the name of the person at the state agency to whom the legislator
may direct a request to obtain a printed copy of the report, free of
charge, if [so desired] SUCH REPORT MAY NOT EASILY BE PRINTED FROM THE
WEBSITE OF THE AGENCY BECAUSE IT IS NOT FORMATTED TO BE PRINTED ON STAN-
DARD LETTER- OR LEGAL-SIZE PAPER.
(C) WHEN MAKING, ISSUING, SUBMITTING, DELIVERING, DISTRIBUTING, OR
FORWARDING A PRINTED COPY OF THE REPORT OR PROVIDING NOTICE THAT IT IS
AVAILABLE ON THE AGENCY'S WEBSITE, THE AGENCY SHALL CONFIRM TO THE
LEGISLATOR THAT THE STATE LIBRARY HAS BEEN NOTIFIED THAT THE REPORT
SHOULD BE INCLUDED IN THE INDEX OF SUCH REPORTS AS PROVIDED IN PARAGRAPH
(A) OF THIS SUBDIVISION.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.