senate Bill S88

Amended

Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 22 / May / 2012
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 22 / May / 2012
    • PRINT NUMBER 88A
  • 31 / May / 2012
    • 1ST REPORT CAL.972
  • 04 / Jun / 2012
    • 2ND REPORT CAL.
  • 05 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information.

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Bill Details

See Assembly Version of this Bill:
A2251
Versions:
S88
S88A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Public Officers
Versions Introduced in 2009-2010 Legislative Cycle:
S3530A, A7399A

Sponsor Memo

BILL NUMBER:S88

TITLE OF BILL:
An act in relation to authorizing and directing the committee on open
government to study proactive disclosure as a means of increasing
transparency and access to government information

PURPOSE:
To authorize the State Committee on Open Government to conduct a
feasibility study on requiring state and municipal agencies to
proactively disclose documents that are available under Article 6 of
the public officers law.

SUMMARY OF PROVISIONS:
Section 1 sets forth the legislative findings and intent. Section 2
authorizes the New York State Committee on Open Government to study
and report on the following:

* The feasibility of requiring agencies as defined in subdivision 3 of
section 86 of the public officer's law to proactively disclose
documents available under Article 6 of the public officer's law.

* Specific findings and legislative recommendations relating to
mandatory proactive disclosure by agencies.

* Estimated costs or savings of proactive disclosure.

Requires a report to the Governor, Temporary President of the Senate
and Speaker of the Assembly no later than January 31, 2013.

EXISTING LAW:
Article 6 of the Public Officers law set forth the Freedom of
Information Law.

JUSTIFICATION:
As information technology throughout the world continues to develop by
leaps and bounds, the availability and ease of retrieval of
information of information of all types has become more and more
effortless.

The goal of the original Freedom of Information Law (FOIL) was to
promote the public good by disclosing information as widely as
possible and without impediment, but it has its limitations because of
the burden that it places on the public to make requests for
information. While some state and local records are already available
electronically, this information has been made public in a haphazard
and uncoordinated fashion.

The Legislature, through this bill, has the opportunity to study the
feasibility of requiring agencies to pro actively disclose information
in a responsible, comprehensive, coordinated, cost effective fashion.
It requires the Committee on Open Government to develop a plan for
mandatory proactive disclosure which will allow for the utilization of
the new technology to allow a secure conduit for the public to access
vital public information and documents that are available under the
public officers law.


LEGISLATIVE HISTORY:
2009-2010: S.3530A/A.7399A (Passed Senate 2009)

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   88

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT in relation to authorizing and directing the  committee  on  open
  government  to  study  proactive  disclosure  as a means of increasing
  transparency and access to government information

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature  finds  that the
current freedom of information law, enacted in 1977,  has  served  as  a
critical  vehicle under which the public has gained access to records of
state and local governmental entities.  The  legislature  further  finds
that  the freedom of information law places the burden on the individual
to request information from an agency,  but  that  the  use  of  current
information  technology, combined with a commitment to proactive disclo-
sure, has the potential to provide information to the public to an  even
greater degree than does the current law.
  S 2. The New York state committee on open government is hereby author-
ized  and  directed to: (a) study the feasibility of requiring agencies,
as defined in subdivision 3 of section 86 of the public officers law, to
proactively disclose documents that are available under article 6 of the
public officers law; (b) make specific findings and  legislative  recom-
mendations  relating  to mandatory proactive disclosure by agencies; (c)
estimate the costs or savings of proactive disclosure;  and  (d)  report
its  findings to the governor, the temporary president of the senate and
the speaker of the assembly no later than January 31, 2013.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00917-01-1

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