Article 3
State Publications Distribution

Section

10. Definitions.
11. Responsibilities of the New York state library.
12. Responsibilities of state agencies.
13. Responsibilities of the gifts and exchange division of the state library.
14. Responsibilities of the legislative library.

§ 10. Definitions. As used in this article:

  1. The term "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.
  2. The term "corporation" shall mean every public authority and public benefit corporation a majority of the governing board members of which are either appointed by the governor or serve as members by virtue of their service as an officer of a state department, division, agency, board or bureau, or combination thereof.
  3. The term "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. Under no circumstances shall a document that is required by law to remain confidential be deemed a public document.
  4. The term "core documents" shall mean those public documents for which library users have the most significant and frequent need.

§ 11. Responsibilities of the New York state library.

  1. It shall be the responsibility of the state library to serve as the central repository for the distribution of all public documents. In accordance with this responsibility the state library shall establish a public documents distribution system consisting of depository libraries throughout New York state which shall be known as the "New York state document depository system" and shall be responsible for the maintenance and distribution of documents within this depository system.
  2. The state library, in consultation with state agencies, shall develop a list specifying which public documents are core documents. The total number of core documents shall not exceed twenty-five. The list of core documents shall form the basis of the New York state documents reference center, documents depository and documents research library collections.
  3. The gifts and exchange division of the state library is designated as the center for the collection of public documents for distribution throughout the depository system.

§ 12. Responsibilities of state agencies.

  1. Every state agency shall:
    (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 either:
    (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; 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.

§ 13. Responsibilities of the gifts and exchange division of the state library. The gifts and exchange division of the state library shall be responsible for:

  1. Listing the public documents received from state agencies in a monthly and annual checklist of government publications; and
  2. Incorporating the listing of all public documents into a central catalogue; and
  3. Issuing an annual reminder to the public information officer of each state agency regarding their responsibilities pursuant to section twelve of this article.

§ 14. Responsibilities of the legislative library. It shall be the responsibility of the legislative library, as such library is described in section seven-a of the legislative law to:

  1. incorporate the listing of all public documents received from state agencies into a central catalog; and
  2. issue an annual reminder to the public information officer of each state agency regarding their responsibilities pursuant to section twelve of this article.
Last Updated: March 18, 2014