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

1 Co-sponsor

• Daniel L. Squadron

BILL NUMBER:S393B

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 inter- est 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 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)(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 arc 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.