Relates to publishing records of public interest by agencies and the legislature

1 Co-sponsor

• Daniel L. Squadron

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 pro actively 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 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 1970's 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 pro actively 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, 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)(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 proactive1y. 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 pro actively 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.

Since last year, the Senate has been a model for proactive publication of records available under the freedom of information law. In July 2009, the Senate enacted new chamber rules that require the proactive publication of records that are available under the freedom of information law.

(Sen. Res. 2844, 232nd Sess., 2009 Sen. R. VII 1(b), 3(a)(4), 4, Sen. R. XIV (1)(a).) The Senate makes most of its legislative records that are of important public interest available on its website. In addition, the Senate video records all committee meetings and hearings, which are also available on the website.

Fiscal implications to the state

None.

Effective date

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