STATE OF NEW YORK
________________________________________________________________________
2787
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. PAULIN, 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:
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
A. 2787 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.
