§ 12 — Responsibilities of state agencies

§ 12. Responsibilities of state agencies. 1. Every state agency shall:\n (a) designate a public information officer with knowledge of the\nagency's organizational structure who will serve as the liaison between\nthe agency and both the gifts and exchange division of the state library\nand the legislative library regarding the distribution of public\ndocuments. It shall be the responsibility of such officer:\n (i) to forward thirty copies, upon completion, of each public document\nissued to the gifts and exchange division of the state library; and\n (ii) with regard to the production of those public documents included\nin the state library's list of core documents, to forward a total of one\nhundred fifty copies, once issued, to the gifts and exchange division of\nthe state library; and\n (iii) to forward three copies, upon completion, of the agency's annual\nreport, and any other public document which the agency is required by\nlaw to submit to the legislature or to any particular legislative\nofficers or chairpersons, to the legislative library; and\n (iv) to forward the requisite number of copies of public documents to\nthe gifts and exchange division of the state library, and to the\nlegislative library, free of charge, even if copies of these documents\nmust be purchased by the general public; and\n (v) to forward a copy of each public document recorded in an\nelectronic, online or machine readable format to the gifts and exchange\ndivision of the state library in such electronic, online or machine\nreadable format.\n (b) submit written notification to the gifts and exchange division of\nthe state library and to the legislative library of the identity of the\ndesignated public information officer.\n 2. (a) Each state agency shall incorporate within its annual report a\nlisting of all public documents and any journal, booklet, brochure,\nconsumer guide, newsletter, official statement made in connection with\nthe issuance of a debt obligation, code, regulation, pamphlet, book,\nleaflet, map, directory, periodical, serial, magazine, training manual,\nyearbook, compendium, film, video cassette or other electronic\ninformation program that the agency has issued in multiple copies and\ndistributed to the public during the preceding year. For each document\nthe title, author and terms of distribution shall be included in the\nlisting. A state agency may omit from such listing any documents or\nportions thereof that are compiled for law enforcement purposes and\nwhich, if disclosed, would interfere with law enforcement investigations\nor judicial proceedings, deprive a person of a right to a fair trial or\nimpartial adjudication, identify a confidential source or disclose\nconfidential information relating to a criminal investigation or reveal\ncriminal investigative techniques or procedures, except routine\ntechniques and procedures.\n (b) Upon written request, the state library shall be entitled to\nthirty copies of any document listed within an agency's annual report\npursuant to the provisions of paragraph (a) of this subdivision.\n (c) Upon written request, the legislative library shall be entitled to\nthree copies of any document listed within an agency's annual report\npursuant to the provisions of paragraph (a) of this subdivision.\n 3. (a) Each state agency shall incorporate within or include with all\nof its public documents a notice requesting the document recipient to\nnotify the agency if the recipient wishes to be deleted from its mailing\nlist or if the address of the recipient has changed.\n (b) Each state agency shall include within or include with all public\ndocuments submitted to the state library and the legislative library a\nnotice of the availability, if any, of each document in electronic,\nonline or machine readable format, large print, braille or voice tape.\n 4. (a) Whenever state law requires a state agency to make, issue,\nsubmit, deliver, distribute or forward a report to the "legislature" or\nto "members of the legislature" or to "both houses of the legislature,"\nor to any particular legislative officers or chairpersons of legislative\ncommittees, subcommittees or commissions, the agency shall satisfy such\nrequirement by:\n (i) making, issuing, submitting, delivering, distributing or\nforwarding a printed copy of the report to each member of the\nlegislature, or to the specified legislative officers or chairpersons,\nas the case may be; if such report contains confidential information or\nis provided with the understanding that further disclosure of certain\ninformation in such reports is prohibited, provided that, such report\nshall be posted to the agency's website with all such confidential\ninformation redacted; or\n (ii) making such document available on its website and sending a\nprinted letter or notice to each member of the legislature, or to the\nspecified legislative officers or chairpersons, as the case may be,\nindicating the availability of such report on the agency's website.\n (b) Such letter or notice shall include the name of the specific\nreport, the specific web address at which the report can be accessed or\ninstructions on how to access the report from the agency's homepage, and\nthe name of the person at the state agency to whom the legislator may\ndirect a request to obtain a printed copy of the report, free of charge,\nif so desired.\n