NY State Senate Bill 2015-S2675

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Jan 27, 2015	referred to investigations and government operations

co-Sponsors

2015-S2675 (ACTIVE) - Details

See Assembly Version of this Bill:: A5761
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §84, ren §90 to be §90-a, add §90, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7109, A10314
2011-2012: S393, A5867
2013-2014: S3438, A107
2017-2018: S4586, A4356, A9738
2019-2020: S1630, A121
2021-2022: S1821, A8357
2023-2024: S3371, A2787

2015-S2675 (ACTIVE) - Summary

Relates to publishing records of public interest by agencies and the legislature on their websites.

2015-S2675 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2675

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:

This bill requires each agency and house of the legislature to publish
records proactively on its internet website that are, or are likely to
be the subject of frequent requests from the same or substantially the
same records 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, to the extent that its practicable, records or
portions of records that are available to the public pursuant to the
provisions of this article, or which, in consideration of their

nature, content or subject matter, are determined by the agency to be
of substantial interest 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 open government shall promulgate regulations to
effectuate 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 law
was enacted, and even since E-FOIA, state agencies 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 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.

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

2015-S2675 (ACTIVE) - Bill Text download pdf

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

                                  2675

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced by Sens. KRUEGER, HOYLMAN, SQUADRON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00250-01-5

S. 2675                             2

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.

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Senate Bill S2675

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2015-S2675 (ACTIVE) - Details

2015-S2675 (ACTIVE) - Summary

2015-S2675 (ACTIVE) - Sponsor Memo

2015-S2675 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2675

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Brad Hoylman-Sigal

Jose M. Serrano

Daniel L. Squadron

2015-S2675 (ACTIVE) - Details

2015-S2675 (ACTIVE) - Summary

2015-S2675 (ACTIVE) - Sponsor Memo

2015-S2675 (ACTIVE) - Bill Text download pdf

Comments