What's happening
This bill requires New York government agencies and the state legislature to proactively publish public interest records online when feasible.
Why it matters
Increases proactive government transparency. By requiring agencies and the legislature to publish records of “substantial interest to the public” online (when feasible), this bill shifts the burden away from individuals having to request information and toward government proactively sharing it, making it easier for citizens to stay informed.
Modernizes access to information. The bill recognizes technological advances and leverages them to make government records more accessible, ensuring that public information keeps pace with digital expectations and reducing barriers for those seeking important documents.
Prioritizes privacy protection. It explicitly exempts records whose disclosure would be an “unwarranted invasion of personal privacy,” balancing the push for transparency with the need to protect sensitive personal information.
Standardizes and guides compliance. By directing the Committee on Open Government to issue regulations and requiring guidance for accessible formats, the bill aims to ensure consistency, usability, and accessibility of posted records across agencies and the legislature.
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Who cares
Headline styles
Publish Public Records Online
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
History
- Reported and committed to finance
- Referred to investigations and government operations
- Reported and committed to finance
- Reference changed to investigations and government operations
- Referred to finance
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 Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
334
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. SKOUFIS, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KRUEGER, PARKER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01424-01-5
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
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 1: Sets forth a legislative declaration. Amends section 84 of the public officer's law to acknowledge technological advancements since the law's enactment in the 1970s and encourage agencies to publish records proactively.
Read the full memo (682 words)
Section 2: Renumbers section 90 of the public officer's 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 can do so, records or portions of records that are avail- able to the public under the provisions of this article, and which, in consideration of their nature, content, or the subject matter, is deter- mined by the agency to be of substantial interest 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 following subdivision two of section eighty-nine of this article. The committee on open government shall promulgate regulations to effectuate the section.
Section 3: Sets 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 Act was enacted, and even since E-FOIA, state agencies now have the means to publish records proactively. While many agencies make some records available to the public without a freedom of information request, there is no standard in the 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.
Legislative history
Senate
2010: S7109, Passed Senate
2011: S393B, Amend and Recommit to Investigations and Government Oper- ations
2012: S393B, Amend and Recommit to Rules
2013: S3438, Referred to Investigations and Government Operations
2014: S3438, Referred to Investigations and Government Operations
2015: S2675, Referred to Investigations and Government Operations
2016: S2675, Referred to Investigations and Government Operations
2017: S4586A, Referred to Investigations and Government Operations
2018: S4586A, Amend and Recommit to Investigations and Government Oper- ations
2019: S1630B, Passed Senate
2020: S1630B, Advanced to Third Reading
2021: S1821, Referred to Investigations and Government Operations
2022: S1821, Advanced to Third Reading
2023: S3371, Advanced to Third Reading
2024: S3371, Reported and Committed to Finance
Assembly
2010: A10314, Referred to Governmental Operations
2011: A5867B, Amend and Recommit to Governmental Operations
2012: A5867B, Amend and Recommit to Governmental Operations
2013: A107, Referred to Governmental Operations
2014: A107, Referred to Governmental Operations
2015: A5761, Referred to Governmental Operations
2016: A5761, Referred to Governmental Operations
2017: A4356, Referred to Governmental Operations
2018: A9738, Referred to Governmental Operations 2019: A121A, Amend and Recommit to Governmental Operations
2020: A121A, Referred to Governmental Operations
2021: A8357, Referred to Governmental Operations
2022: A8357, Referred to Governmental Operations
2023: A2787, Referred to Governmental Operations
2024: A2787, Referred to Governmental Operations
Fiscal implications
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.