Bill Text: NY A02406 | 2011-2012 | General Assembly | Introduced

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Bill Title: Creates the "Electronic Access to Records Act"; requires all state public records to be accessible on the Internet; prohibits provision of personal identifying information, unless explicitly required by law.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2011-05-11 - enacting clause stricken [A02406 Detail]

Download: New_York-2011-A02406-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2406
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2011
                                      ___________
       Introduced  by  M.  of  A.  DESTITO, SWEENEY, WRIGHT, HOYT, ENGLEBRIGHT,
         MAGNARELLI, ROSENTHAL, RAMOS -- Multi-Sponsored by -- M. of  A.  BING,
         CUSICK,  DINOWITZ, GUNTHER, LATIMER, LIFTON, MILLMAN, PAULIN, PHEFFER,
         SCHROEDER -- read once and referred to the Committee  on  Governmental
         Operations
       AN  ACT  to  amend  the  public  officers law, in relation to electronic
         access to records
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The public officers law is amended by adding a new article
    2  6-B to read as follows:
    3                                  ARTICLE 6-B
    4                        ELECTRONIC ACCESS TO RECORDS
    5  SECTION 99-A. SHORT TITLE.
    6          99-B. DEFINITIONS.
    7          99-C. ELECTRONIC ACCESS TO RECORDS.
    8    S 99-A. SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
    9  THE "ELECTRONIC ACCESS TO RECORDS ACT".
   10    S 99-B. DEFINITIONS.  AS  USED  IN  THIS  ARTICLE,  UNLESS THE CONTEXT
   11  REQUIRES OTHERWISE:
   12    1. "AGENCY" MEANS  ANY  STATE  DEPARTMENT,  BOARD,  BUREAU,  DIVISION,
   13  COMMISSION,  COMMITTEE,  PUBLIC  AUTHORITY, PUBLIC CORPORATION, COUNCIL,
   14  OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRI-
   15  ETARY FUNCTION FOR THE STATE, EXCEPT THE JUDICIARY OR THE STATE LEGISLA-
   16  TURE.
   17    2. "RECORD" MEANS ANY  INFORMATION  KEPT,  HELD,  FILED,  PRODUCED  OR
   18  REPRODUCED BY, AND CAN REASONABLY BE STORED ON AN ELECTRONIC DATA SYSTEM
   19  FOR PUBLIC ACCESS WITH OR FOR AN AGENCY OR THE STATE LEGISLATURE, IN ANY
   20  PHYSICAL  FORM WHATSOEVER INCLUDING, BUT NOT LIMITED TO, REPORTS, STATE-
   21  MENTS, EXAMINATIONS, MEMORANDA, OPINIONS, FOLDERS, FILES,  BOOKS,  MANU-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06372-01-1
       A. 2406                             2
    1  ALS, PAMPHLETS, FORMS, PAPERS, DESIGNS, DRAWINGS, MAPS, PHOTOS, LETTERS,
    2  MICROFILMS, COMPUTER TAPES OR DISCS, RULES, REGULATIONS OR CODES.
    3    3.  "PERSONAL IDENTIFYING INFORMATION" MEANS A SOCIAL SECURITY NUMBER,
    4  A DRIVER'S LICENSE NUMBER,  MOTHER'S  MAIDEN  NAME,  A  CONSUMER  CREDIT
    5  ACCOUNT  NUMBER  OR  CODE,  A SAVINGS ACCOUNT NUMBER OR CODE, A CHECKING
    6  ACCOUNT NUMBER OR CODE, OR A DEBIT ACCOUNT NUMBER OR CODE.
    7    S 99-C. ELECTRONIC ACCESS TO RECORDS.  1. WITHIN NINETY  DAYS  OF  THE
    8  EFFECTIVE DATE OF THIS ARTICLE, THE SECRETARY OF STATE SHALL ESTABLISH A
    9  MECHANISM  FOR  FREE  PUBLIC  ACCESS  TO  RECORDS  VIA THE INTERNET DATA
   10  NETWORK.
   11    2. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTI-
   12  CLE:
   13    (A)  EVERY  AGENCY  SHALL PROVIDE FREE PUBLIC ACCESS, VIA THE INTERNET
   14  DATA SYSTEM, PURSUANT TO THE MECHANISM ESTABLISHED BY THE  SECRETARY  OF
   15  STATE TO RECORDS CREATED ON OR AFTER SUCH DATE; AND
   16    (B) EVERY AGENCY SHALL PROVIDE THE SECRETARY OF STATE WITH
   17    (I)  A  LIST  OF  ALL EXISTING RECORDS THAT ARE MADE AVAILABLE VIA THE
   18  INTERNET AND
   19    (II) A LIST OF ALL EXISTING RECORDS WHICH COULD BE MADE AVAILABLE  AND
   20  FOR  WHICH  THERE IS A SUBSTANTIAL PUBLIC INTEREST IN ELECTRONIC ACCESS,
   21  AS DETERMINED BY THE VOLUME OF REQUESTS FOR SUCH RECORDS UNDER THE FREE-
   22  DOM OF INFORMATION LAW AND OTHER INFORMATION INDICATING PUBLIC INTEREST.
   23  THE SECRETARY OF STATE SHALL POST THE INFORMATION PROVIDED  PURSUANT  TO
   24  THIS  PARAGRAPH  ON  THE  DEPARTMENT OF STATE WEBSITE.   AN AGENCY SHALL
   25  PROVIDE UPDATES TO ITS LISTS AT SUCH TIMES AND IN  SUCH  MANNER  AS  THE
   26  SECRETARY OF STATE SHALL REQUIRE.
   27    3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, EVERY AGENCY
   28  SHALL PROVIDE FREE PUBLIC ACCESS VIA THE INTERNET DATA NETWORK, PURSUANT
   29  TO  THE  MECHANISM  ESTABLISHED  BY  THE  SECRETARY OF STATE, TO RECORDS
   30  CREATED ON OR AFTER SUCH DATE.
   31    4. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
   32  BLY SHALL PROMULGATE POLICIES FOR  ACCESS  TO  THOSE  STATE  LEGISLATIVE
   33  RECORDS, AS DESCRIBED IN SECTION EIGHTY-EIGHT OF THIS CHAPTER, WHICH MAY
   34  REASONABLY BE STORED ON AN ELECTRONIC DATA SYSTEM FOR FREE PUBLIC ACCESS
   35  VIA THE INTERNET DATA NETWORK.
   36    5.  UNLESS  AN  AGENCY  IS EXPLICITLY REQUIRED BY LAW TO POST PERSONAL
   37  IDENTIFYING INFORMATION ON THE INTERNET, AN AGENCY SHALL REMOVE FROM ANY
   38  IMAGE OR COPY OF A RECORD PLACED ON SUCH AGENCY'S INTERNET WEBSITE OR AN
   39  INTERNET WEBSITE USED BY SUCH AGENCY TO DISPLAY PUBLIC RECORDS OR OTHER-
   40  WISE MAKE ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC, PERSONAL IDEN-
   41  TIFYING INFORMATION CONTAINED IN SUCH RECORD.
   42    6. THE SECRETARY OF STATE  MAY  PROMULGATE  SUCH  REGULATIONS  AS  ARE
   43  NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
   44    7.  NOTHING  IN THIS SECTION SHALL REQUIRE AN AGENCY TO PROVIDE ACCESS
   45  TO RECORDS TO A GREATER EXTENT THAN REQUIRED FOR SUCH RECORDS BY ARTICLE
   46  SIX OF THIS CHAPTER. NOTHING IN  THIS  SECTION  SHALL  BE  CONSTRUED  AS
   47  AUTHORIZING  ACCESS  TO  OR  DISCLOSURE  OF ANY RECORDS WHEN SUCH ACTION
   48  WOULD BE PROHIBITED BY ARTICLE SIX-A OF THIS CHAPTER.
   49    8. THE OFFICE FOR TECHNOLOGY, THE STATE UNIVERSITY OF  NEW  YORK,  THE
   50  STATE  ARCHIVES  AND  RECORDS  ADMINISTRATION  AND  OTHER AGENCIES SHALL
   51  PROVIDE SUCH INFORMATION AND ASSISTANCE AS THE SECRETARY OF STATE  SHALL
   52  REQUIRE IN IMPLEMENTING THIS ARTICLE.
   53    S 2.  Subparagraph iii of paragraph (b) of subdivision 1 of section 89
   54  of  the  public  officers  law, as amended by chapter 182 of the laws of
   55  2006, is amended to read as follows:
       A. 2406                             3
    1    iii. promulgate rules and regulations with respect to the  implementa-
    2  tion  of  subdivision  one  and  paragraph  (c)  of subdivision three of
    3  section eighty-seven of this article AND WITH RESPECT TO THE IMPLEMENTA-
    4  TION OF ARTICLE SIX-B OF THIS CHAPTER;
    5    S  3.    Severability. If any provision of this act or the application
    6  thereof to any person or circumstance is adjudged invalid by a court  of
    7  competent  jurisdiction,  such  judgment  shall not affect or impair the
    8  validity of the other provisions of this act or the application  thereof
    9  to other persons and circumstances.
   10    S  4.  This  act  shall take effect on the sixtieth day after it shall
   11  have become a law.