S T A T E O F N E W Y O R K
________________________________________________________________________
4586--A
2017-2018 Regular Sessions
I N S E N A T E
February 21, 2017
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Introduced by Sens. KRUEGER, HAMILTON, HOYLMAN, SERRANO -- read twice
and ordered printed, and when printed to be committed to the Committee
on Investigations and Government Operations -- recommitted to the
Committee on Investigations and Government Operations in accordance
with Senate Rule 6, sec. 8 -- 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:
§ 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 WAS FIRST ADOPTED, ADVANCES IN
TECHNOLOGY HAVE ENHANCED THE ABILITY TO GAIN ACCESS TO AND WIDELY
DISSEMINATE PUBLIC INFORMATION. ACCORDINGLY, THE LEGISLATURE FINDS THAT
GOVERNMENT AGENCIES, TO THE EXTENT PRACTICABLE, SHOULD PUBLISH RECORDS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01914-02-8
S. 4586--A 2
PROACTIVELY ON THE INTERNET THAT ARE OF PUBLIC INTEREST AND AVAILABLE
UNDER THIS ARTICLE.
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.
§ 2. Section 90 of the public officers law is renumbered section 90-a
and a new section 90 is added to read as follows:
§ 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, AND 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 OR HOUSE OF THE
STATE LEGISLATURE DETERMINES THAT THEY ARE NO LONGER OF SUBSTANTIAL
INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM THE INTER-
NET 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.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.