What's happening
This bill requires New York government agencies and the state legislature to proactively publish online public records of substantial public interest, when able.
Why it matters
Increases proactive transparency. by requiring agencies to publish records of substantial public interest online without waiting for specific requests, potentially making it easier for the public and journalists to access information quickly.
Leverages modern technology. by updating open records law to reflect new capabilities for digital publication, signaling a shift from paper-based or reactive disclosure to more accessible, internet-based sharing.
Implements safeguards for privacy. by explicitly exempting records whose disclosure would be an unwarranted invasion of personal privacy, ensuring sensitive information is still protected.
Empowers oversight and clarity. by assigning the Committee on Open Government to create regulations, and encouraging agencies to consult state experts on digital accessibility, which may improve consistency and usability of published records.
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Who cares
State and local agencies and both legislative houses
They would have to post publicly available records deemed of substantial public interest on their websites when able, with removal allowed when interest wanes or legal retention periods end.
Reporters and open-government advocates
They could access qualifying records online without first submitting a records request, though records whose disclosure would constitute an unwarranted invasion of personal privacy would be excluded.
Committee on Open Government
It would be required to issue regulations implementing the new publication requirements.
Office for Technology and State Archives
They would provide guidance on creating records in accessible formats and ensuring continued accessibility.
Headline styles
Publish Government Records Online
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.242
- Reported and committed to finance
- Referred to investigations and government operations
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 47–12
- Amended on third reading 1630b
Show 6 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.269
- Print number 1630a
- Amend and recommit to investigations and government operations
- Referred to investigations and government 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.
Publish Public Records Online
In Assembly Committee · Governmental Operations · Sponsor David Buchwald
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1630--B Cal. No. 269
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. SKOUFIS, GOUNARDES, HOYLMAN, KRUEGER, PARKER, SERRA- NO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
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 Assembly, do enact as follows:
Section 1. Section 84 of the public officers law, as added by chapter 933 of the laws of 1977, is amended to read as follows:
§ 84. Legislative declaration. The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government.
As state and local government services increase and public problems become more sophisticated and complex and therefore harder to solve, and with the resultant increase in revenues and expenditures, it is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible.
The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
Since the freedom of information law was first adopted, advances in technology have enhanced the ability to gain access to and widely disseminate public information. Accordingly, the legislature finds that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00936-05-9
S. 1630--B 2
government agencies, when agencies have the ability to do so, should publish records proactively on the internet that are of public interest and available under this article.
The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article.
§ 2. Section 90 of the public officers law is renumbered section 90-a and a new section 90 is added to read as follows:
§ 90. Records of public interest. 1. Each agency and house of the state legislature shall publish, on its internet website, when the agency or house of the state legislature has the ability to do so, records or portions of records that are available to the public pursuant to the provisions of this article, and which, in consideration of their nature, content or subject matter, are determined by the agency to be of substantial interest to the public. Any such records may be removed from the internet website when the agency or house of the state legislature determines that they are no longer of substantial interest to the public. Any such records may be removed from the internet website when they have reached the end of their legal retention period. Guidance on creating records in accessible formats and ensuring their continuing accessibility shall be available from the office for technology and the state archives.
2. 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 subdivision two of section eighty-nine of this article.
3. The committee on open government shall promulgate regulations to effectuate this section.
4. Nothing in this section shall be construed as to limit or abridge the power of an agency or house of the state legislature to publish records on its internet website that are subject to the provisions of this article prior to a written request or prior to a frequent request.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 or general idea of bill
This bill requires each agency and house of the state legislature to publish records proactively on its internet website that are, or are likely to be of substantial interest to the public and that are already 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, when agencies have the ability to do so, records or portions of records that are available to the public pursuant to the provisions of this article, and 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)(0). 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 no often 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 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.
Prior legislative history
2018: A.9738 (Buchwald) - Referred to Government Operations / S.4586A (Krueger) Investigations and Government Operations 2017: A.4356
(Kavanagh) - Government Operations / S.4586 (Krueger) - Investigations and Government Operations
2015-2016: A.5761 (Kavanagh) - Government Operations / S.2675 (Krueger) Investigations and Government Operations
2013-2014: A.107 (Kavanagh) - Government Operations / S.3438 (Krueger) Investigations and Government Operations
Fiscal implications
None
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Explanation of amendment
The limitation of the bill to only situations that are practicable has been made clearer so that the law would only apply when the agency has the ability to do so.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.