S T A T E O F N E W Y O R K
________________________________________________________________________
5769
2015-2016 Regular Sessions
I N A S S E M B L Y
March 4, 2015
___________
Introduced by M. of A. PEOPLES-STOKES, ZEBROWSKI, ENGLEBRIGHT, GALEF --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to statistical
information on requests for records from state agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 89 of the public officers law is amended by adding
a new subdivision 10 to read as follows:
10. ON OR BEFORE THE FIRST DAY OF MARCH OF EACH YEAR, EACH STATE AGEN-
CY SHALL SUBMIT THE FOLLOWING INFORMATION COVERING THE PRECEDING CALEN-
DAR YEAR TO THE COMMITTEE ON OPEN GOVERNMENT:
(A) THE NUMBER OF REQUESTS FOR RECORDS RECEIVED BY THE AGENCY;
(B) THE NUMBER OF SUCH REQUESTS THAT WERE (I) GRANTED, (II) DENIED,
(III) GRANTED IN PART AND DENIED IN PART, OR (IV) CONSTRUCTIVELY DENIED
BY VIRTUE OF A FAILURE TO RESPOND TO A REQUEST WITHIN THE STATUTORY
TIME;
(C) THE NUMBER OF APPEALS OF SUCH DENIALS THAT RESULTED IN (I) GRANT-
ING ACCESS TO THE RECORDS SOUGHT, OR (II) A FINAL DENIAL OF ACCESS, OR
(III) CONSTRUCTIVE DENIAL BY VIRTUE OF A FAILURE TO RESPOND TO AN APPEAL
WITHIN THE STATUTORY TIME;
(D) THE NUMBER OF REQUESTS FOR RECORDS THAT WERE GRANTED IN WHOLE OR
PART WITHIN TWENTY BUSINESS DAYS FROM THE DATE OF THE ACKNOWLEDGMENT OF
RECEIPT OF THE REQUEST;
(E) THE AVERAGE NUMBER AND MEDIAN NUMBER OF DAYS FOR THE AGENCY TO
RESPOND TO REQUESTS FOR RECORDS BY (I) GRANTING THE REQUEST IN WHOLE OR
PART, OR (II) DENYING THE REQUEST;
(F) THE TOTAL, AVERAGE AND LARGEST SINGLE AMOUNT OF FEES COLLECTED FOR
PROVIDING RECORDS; AND
(G) ANY OTHER INFORMATION REQUIRED BY THE COMMITTEE.
THE COMMITTEE AND EACH STATE AGENCY SHALL MAKE SUCH INFORMATION AVAIL-
ABLE TO THE PUBLIC INCLUDING BY POSTING THE MOST RECENT INFORMATION ON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09751-01-5
A. 5769 2
ITS WEBSITES. FOR THE PURPOSES OF THIS SUBDIVISION, "STATE AGENCY" SHALL
HAVE THE SAME MEANING AS IN SUBDIVISION FIVE OF THIS SECTION.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.