A08357 Summary:
BILL NO | A08357 |
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SAME AS | SAME AS S01821 |
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SPONSOR | Paulin |
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COSPNSR | Thiele |
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MLTSPNSR | |
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Amd 84, ren 90 to be 90-a, add 90, Pub Off L | |
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Relates to publishing records of public interest by agencies and the legislature on their websites. |
A08357 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A8357 SPONSOR: Paulin
  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 OR GENERAL IDEA OF BILL: This bill requires each agency and house of the state legislature to publish records proactively on its internet website that are, or are likely to be of substantial interest to the public and that are already 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, when agencies have the ability to do so, records or portions of records that are available to the public pursuant to the provisions of this article, and 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 subdivision two of section eighty-nine of this article. The committee on o pen government shall promulgate regulations to effec- tuate 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)(0). Federal agencies have interpreted frequently requested to mean three requests. Given the advances in technology since the Freedom of Information Act was enacted, and even since E-FOIA, state agencies now 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 the law for proactive publication. By proactively 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.   PRIOR LEGISLATIVE HISTORY: 2020: A.121A (Buchwald) - Referred to Governmental Operations / S1630B (Skoufis) Advanced to Third Reading 2018: A.9738 (Buchwald) - Referred to Government Operations / S.4586A (Krueger) Investigations and Government Operations 2017: A.4356 (Kavanagh) - Government Operations / S.4586 (Krueger) Investigations and Government Operations 2015-2016: A.5761 (Kavanagh) - Government Operations / S.2675 (Krueger) Investigations and Government Operations 2013-2014: A.107 (Kavanagh) - Government Operations / S.3438 (Krueger) Investigations and Government Operations 2019-2020: A.121-A (Buchwald) - Government Operations / S.1630-B (Skouf- is) Advanced to Third Reading   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
A08357 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8357 2021-2022 Regular Sessions IN ASSEMBLY October 20, 2021 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Governmental 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: 1 Section 1. Section 84 of the public officers law, as added by chapter 2 933 of the laws of 1977, is amended to read as follows: 3 § 84. Legislative declaration. The legislature hereby finds that a 4 free society is maintained when government is responsive and responsible 5 to the public, and when the public is aware of governmental actions. The 6 more open a government is with its citizenry, the greater the under- 7 standing and participation of the public in government. 8 As state and local government services increase and public problems 9 become more sophisticated and complex and therefore harder to solve, and 10 with the resultant increase in revenues and expenditures, it is incum- 11 bent upon the state and its localities to extend public accountability 12 wherever and whenever feasible. 13 The people's right to know the process of governmental decision-making 14 and to review the documents and statistics leading to determinations is 15 basic to our society. Access to such information should not be thwarted 16 by shrouding it with the cloak of secrecy or confidentiality. 17 Since the freedom of information law was first adopted, advances in 18 technology have enhanced the ability to gain access to and widely 19 disseminate public information. Accordingly, the legislature finds that 20 government agencies, when agencies have the ability to do so, should 21 publish records proactively on the internet that are of public interest 22 and available under this article. 23 The legislature therefore declares that government is the public's 24 business and that the public, individually and collectively and repres- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05639-01-1A. 8357 2 1 ented by a free press, should have access to the records of government 2 in accordance with the provisions of this article. 3 § 2. Section 90 of the public officers law is renumbered section 90-a 4 and a new section 90 is added to read as follows: 5 § 90. Records of public interest. 1. Each agency and house of the 6 state legislature shall publish, on its internet website, when the agen- 7 cy or house of the state legislature has the ability to do so, records 8 or portions of records that are available to the public pursuant to the 9 provisions of this article, and which, in consideration of their nature, 10 content or subject matter, are determined by the agency to be of 11 substantial interest to the public. Any such records may be removed from 12 the internet website when the agency or house of the state legislature 13 determines that they are no longer of substantial interest to the 14 public. Any such records may be removed from the internet website when 15 they have reached the end of their legal retention period. Guidance on 16 creating records in accessible formats and ensuring their continuing 17 accessibility shall be available from the office for technology and the 18 state archives. 19 2. The provisions of subdivision one of this section shall not apply 20 to records or portions of records the disclosure of which would consti- 21 tute an unwarranted invasion of personal privacy in accordance with 22 subdivision two of section eighty-nine of this article. 23 3. The committee on open government shall promulgate regulations to 24 effectuate this section. 25 4. Nothing in this section shall be construed as to limit or abridge 26 the power of an agency or house of the state legislature to publish 27 records on its internet website that are subject to the provisions of 28 this article prior to a written request or prior to a frequent request. 29 § 3. This act shall take effect on the ninetieth day after it shall 30 have become a law.