BILL NUMBER: S334 Revised 04/01/25
SPONSOR: SKOUFIS
 
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.
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.

Statutes affected:
S334: 84 public officers law