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

                                  7109

                            I N  S E N A T E

                             March 12, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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:

  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:
  S 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,  ADVANCES  IN  TECHNOLOGY  HAVE
ENHANCED  THE  ABILITY  TO  GAIN ACCESS TO AND WIDELY DISSEMINATE PUBLIC
INFORMATION.  ACCORDINGLY, THE LEGISLATURE FINDS THAT  GOVERNMENT  AGEN-
CIES,  TO  THE  EXTENT  PRACTICABLE,  SHOULD PUBLISH RECORDS THAT ARE OF
PUBLIC INTEREST AND AVAILABLE UNDER  THIS  ARTICLE  PROACTIVELY  ON  THE
INTERNET.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16296-02-0
              

S. 7109                             2

  S 2. Section 90 of the public officers law is renumbered section  90-a
and a new section 90 is added to read as follows:
  S  90.  RECORDS  OF  PUBLIC  INTEREST. 1. EACH AGENCY AND HOUSE OF THE
STATE LEGISLATURE SHALL PUBLISH, ON ITS INTERNET WEBSITE,  RECORDS  THAT
HAVE  BEEN  RELEASED  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE AND,
WHICH, IN CONSIDERATION OF THE NATURE, CONTENT OR SUBJECT MATTER, ARE OR
ARE LIKELY TO BECOME THE SUBJECT OF FREQUENT REQUESTS FOR  THE  SAME  OR
SUSTAINABLY  SAME  RECORDS IN ANY TWELVE MONTH PERIOD. A RECORD SHALL BE
DEEMED TO BE FREQUENTLY REQUESTED IF IT IS SOUGHT BY THE PUBLIC IN THREE
OR MORE REQUESTS RECEIVED WITHIN ANY TWELVE MONTH PERIOD.
  2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
TO RECORDS SUBJECT TO SECTION NINETY-SIX OF THIS CHAPTER.
  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.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.