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

                                  5595

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced  by M. of A. BRENNAN, GALEF, ROSENTHAL, WEPRIN -- Multi-Spon-
  sored by -- M. of A.   ABBATE,  LUPARDO,  MILLMAN  --  read  once  and
  referred to the Committee on Governmental 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.
                                                           LBD09063-01-3

              

A. 5595                             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

A. 5595                             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.