What's happening
This bill requires New York state agencies and the legislature to proactively publish public records of substantial interest online, with exceptions for privacy.
Why it matters
Proactive disclosure shifts the burden from the public to the government. , meaning that agencies and the legislature must identify and publish records of significant public interest online without waiting for formal requests. This could lead to faster and broader access to government information.
Agencies retain discretion in determining what is of "substantial interest,". which allows flexibility but could result in inconsistencies or disputes over what information should be proactively published, potentially impacting transparency.
Privacy safeguards remain in place,. as records that would cause an unwarranted invasion of personal privacy are explicitly excluded, balancing transparency with individual rights.
State-level guidance and oversight are required,. with the Office for Technology and State Archives providing support on accessibility, and the Committee on Open Government tasked with creating regulations, which may affect how uniformly and effectively the law is implemented.
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Who cares
Government agencies and the State Assembly and Senate
The bill would require them, when able, to post publicly available records deemed of substantial public interest on their websites, with exceptions for unwarranted invasions of personal privacy.
Reporters and open-government advocates
Proactive online publication would let them access covered records without first submitting a records request.
Committee on Open Government
The bill would require the committee to issue regulations implementing the publication requirements.
Office for Technology and State Archives
The bill would make these offices sources of guidance on creating records in accessible formats and ensuring continued accessibility.
Headline styles
Publish Public Records Online
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental operations
- 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.
Publish Public Records Online
In Senate Committee · Finance · Sponsor James Skoufis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
549
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. PAULIN -- 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 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 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 repres-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01424-01-5
ented 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.