NY State Senate Bill 2017-S4586

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 26, 2018	print number 4586a
Jan 26, 2018	amend and recommit to investigations and government operations
Jan 03, 2018	referred to investigations and government operations
Feb 21, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4586 - Details

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
2011-2012: S393
2013-2014: S3438
2015-2016: S2675
2019-2020: S1630
2021-2022: S1821
2023-2024: S3371

2017-S4586 - Summary

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

2017-S4586 - Sponsor Memo

                                 BILL NUMBER:  S4586

 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.

2017-S4586 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4586
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HAMILTON, HOYLMAN, SERRANO, SQUADRON --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Investigations 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:
   § 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.

                                                            LBD01914-01-7

 S. 4586                             2
 
 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, 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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2017-S4586A (ACTIVE) - Details

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
2011-2012: S393
2013-2014: S3438
2015-2016: S2675
2019-2020: S1630
2021-2022: S1821
2023-2024: S3371

2017-S4586A (ACTIVE) - Summary

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

2017-S4586A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4586A

SPONSOR: KRUEGER
 
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 1 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 inter-
est to the public.

In addition, this section provides that records may be removed from the
internet website when the agency or state legislature 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 subdivi-
sion 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 publish-
ing 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.

2017-S4586A (ACTIVE) - Bill Text download pdf

                            
 
                     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
                                ___________
 
 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.

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Senate Bill S4586

Sponsored By

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

Bill Amendments

co-Sponsors

2017-S4586 - Details

2017-S4586 - Summary

2017-S4586 - Sponsor Memo

2017-S4586 - Bill Text download pdf

co-Sponsors

2017-S4586A (ACTIVE) - Details

2017-S4586A (ACTIVE) - Summary

2017-S4586A (ACTIVE) - Sponsor Memo

2017-S4586A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4586

Share this bill

Sponsored By

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

Bill Amendments

co-Sponsors

2017-S4586 - Details

2017-S4586 - Summary

2017-S4586 - Sponsor Memo

2017-S4586 - Bill Text download pdf

co-Sponsors

2017-S4586A (ACTIVE) - Details

2017-S4586A (ACTIVE) - Summary

2017-S4586A (ACTIVE) - Sponsor Memo

2017-S4586A (ACTIVE) - Bill Text download pdf

Comments