§ 12. Responsibilities of state agencies. 1. Every state agency shall:

Terms Used In N.Y. New York State Printing and Public Documents Law 12

  • core documents: shall mean those public documents for which library users have the most significant and frequent need. See N.Y. New York State Printing and Public Documents Law 10
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • public document: shall mean any final annual, biennial, regular, statutorily mandated or other report, study or multi-year plan issued by a state agency in multiple copies, which has been distributed to the public, except items issued strictly for administrative or operational purposes, inter-agency and intra-agency memoranda, drafts of reports, public service announcements, written opinions rendered in cases determined in the court of appeals, appellate divisions of the supreme court or any other court of record and any public documents or portions thereof that are compiled for law enforcement purposes and which, if disclosed, would interfere with law enforcement investigations or judicial proceedings, deprive a person of the right to a fair trial or impartial adjudication, identify a confidential source or disclose confidential information relating to a criminal investigation or reveal criminal investigative techniques or procedures, other than routine techniques and procedures. See N.Y. New York State Printing and Public Documents Law 10
  • state agency: shall mean any state office, department, division, board, bureau, commission or corporation, provided, however, it shall not include the New York state legislature or any of its standing, special, select and joint committees, subcommittees and legislative commissions. See N.Y. New York State Printing and Public Documents Law 10
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a) designate a public information officer with knowledge of the agency's organizational structure who will serve as the liaison between the agency and both the gifts and exchange division of the state library and the legislative library regarding the distribution of public documents. It shall be the responsibility of such officer:

(i) to forward thirty copies, upon completion, of each public document issued to the gifts and exchange division of the state library; and

(ii) with regard to the production of those public documents included in the state library's list of core documents, to forward a total of one hundred fifty copies, once issued, to the gifts and exchange division of the state library; and

(iii) to forward three copies, upon completion, of the agency's annual report, and any other public document which the agency is required by law to submit to the legislature or to any particular legislative officers or chairpersons, to the legislative library; and

(iv) to forward the requisite number of copies of public documents to the gifts and exchange division of the state library, and to the legislative library, free of charge, even if copies of these documents must be purchased by the general public; and

(v) to forward a copy of each public document recorded in an electronic, online or machine readable format to the gifts and exchange division of the state library in such electronic, online or machine readable format.

(b) submit written notification to the gifts and exchange division of the state library and to the legislative library of the identity of the designated public information officer.

2. (a) Each state agency shall incorporate within its annual report a listing of all public documents and any journal, booklet, brochure, consumer guide, newsletter, official statement made in connection with the issuance of a debt obligation, code, regulation, pamphlet, book, leaflet, map, directory, periodical, serial, magazine, training manual, yearbook, compendium, film, video cassette or other electronic information program that the agency has issued in multiple copies and distributed to the public during the preceding year. For each document the title, author and terms of distribution shall be included in the listing. A state agency may omit from such listing any documents or portions thereof that are compiled for law enforcement purposes and which, if disclosed, would interfere with law enforcement investigations or judicial proceedings, deprive a person of a right to a fair trial or impartial adjudication, identify a confidential source or disclose confidential information relating to a criminal investigation or reveal criminal investigative techniques or procedures, except routine techniques and procedures.

(b) Upon written request, the state library shall be entitled to thirty copies of any document listed within an agency's annual report pursuant to the provisions of paragraph (a) of this subdivision.

(c) Upon written request, the legislative library shall be entitled to three copies of any document listed within an agency's annual report pursuant to the provisions of paragraph (a) of this subdivision.

3. (a) Each state agency shall incorporate within or include with all of its public documents a notice requesting the document recipient to notify the agency if the recipient wishes to be deleted from its mailing list or if the address of the recipient has changed.

(b) Each state agency shall include within or include with all public documents submitted to the state library and the legislative library a notice of the availability, if any, of each document in electronic, online or machine readable format, large print, braille or voice tape.

4. (a) Whenever state law requires a state agency to make, issue, submit, deliver, distribute or forward a report to the "legislature" or to "members of the legislature" or to "both houses of the legislature," or to any particular legislative officers or chairpersons of legislative committees, subcommittees or commissions, the agency shall satisfy such requirement by:

(i) making, issuing, submitting, delivering, distributing or forwarding a printed copy of the report to each member of the legislature, or to the specified legislative officers or chairpersons, as the case may be; if such report contains confidential information or is provided with the understanding that further disclosure of certain information in such reports is prohibited, provided that, such report shall be posted to the agency's website with all such confidential information redacted; or

(ii) making such document available on its website and sending a printed letter or notice to each member of the legislature, or to the specified legislative officers or chairpersons, as the case may be, indicating the availability of such report on the agency's website.

(b) Such letter or notice shall include the name of the specific report, the specific web address at which the report can be accessed or instructions on how to access the report from the agency's homepage, and the name of the person at the state agency to whom the legislator may direct a request to obtain a printed copy of the report, free of charge, if so desired.