senate Bill S88A

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 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:
A2251A
Versions:
S88
S88A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Public Officers
Versions Introduced in 2009-2010 Legislative Cycle:
S3530A, A7399A

Votes

7
0
7
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S88A

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 trans-
parency and access to government information

PURPOSE:
To authorize the State Committee on Open Government to conduct a feasi-
bility 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 mandato-
ry 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, 2014.

EXISTING LAW:
Article 6 of the Public Officers law set forth the Freedom of Informa-
tion 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 fash-
ion.

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 mandato-

ry 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--A

                       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 -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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, 2014.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00917-02-2

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