Bill Text: NY S03371 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-02-05 - REPORTED AND COMMITTED TO FINANCE [S03371 Detail]

Download: New_York-2023-S03371-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3371

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by Sens. SKOUFIS, GOUNARDES, HOYLMAN-SIGAL, KRUEGER, PARKER,
          SERRANO -- 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:

     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.
                                                                   LBD05333-01-3
        S. 3371                             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.