What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to publishing records of public interest by agencies and the legislature
In Assembly Committee · Governmental Operations · Sponsor Liz Krueger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A10314
Title of bill
An act to amend the public officers law, in relation to publishing records of public interest by agencies and the state legisla- ture
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 substan- tially the same records available under the freedom of information law.
Summary of provisions
Section one amends the legislative declaration of section 84 of the freedom of information law to acknowledge the changes in technology since the law was first enacted in the 1970s to encourage agencies to publish records proactively.
Section two renumbers section 90 of the public officers law as section 90-a and adds a new section 90 to the public officers law to require that records that are available under the freedom of information law and that are, or are likely to become the subject of frequent requests, be proactively published on the website of the agency, state legislature. Frequent request is defined as a request made three or more times in a twelve month period. The provisions of the section do not apply to the records subject to the personal privacy protection law found in section 96, Article 6-A of the Public Officer's Law. The committee on open government shall promulgate regulations to effectuate the section.
Justification
The Electronic Freedom of Information Act of 1996, popu- larly 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)(D)). 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 implications for the state
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.