senate Bill S236A

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

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 28 / Mar / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 28 / Mar / 2014
    • PRINT NUMBER 236A

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:
A4364A
Versions:
S236
S236A
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers
Versions Introduced in Previous Legislative Cycles:
2011-2012: S88A, A2251A
2009-2010: S3530A, A7399A

Sponsor Memo

BILL NUMBER:S236A

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, 2017.

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)
2012: Committed to Rules


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
________________________________________________________________________

                                 236--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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, 2017.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00161-02-4

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