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

                                   107

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. KAVANAGH, STEVENSON, LUPARDO -- Multi-Sponsored
  by -- M. of A. THIELE -- 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:

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01553-01-3
              

A. 107                              2

  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.
  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, TO THE EXTENT
PRACTICABLE, RECORDS OR PORTIONS OF RECORDS THAT ARE  AVAILABLE  TO  THE
PUBLIC  PURSUANT TO THE PROVISIONS OF THIS ARTICLE, OR 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 DETERMINES THAT
THEY  ARE  NO  LONGER  OF  SUBSTANTIAL  INTEREST TO THE PUBLIC. ANY SUCH
RECORDS MAY BE REMOVED FROM THE INTERNET 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.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.