senate Bill S7380

Establishes the open data law

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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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  • 14 / May / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Establishes the open data law requiring the office of information technology services to establish an open data website and requiring covered state entities to publish certain data on such website.

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Bill Details

See Assembly Version of this Bill:
A8197
Versions:
S7380
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Add Art 6-B §§99-a - 99-i, Pub Off L; amd §103, St Tech L

Sponsor Memo

BILL NUMBER:S7380

TITLE OF BILL: An act to amend the public officers law and the state
technology law, in relation to establishing the open data law

PURPOSE OR GENERAL IDEA OF BILL:

To establish an online open data website for the collection and public
dissemination of publishable state data under the auspices of the Office
of Information Technology Services.

SUMMARY OF SPECIFIC PROVISIONS:

Section 103 of the state technology law is amended by adding a new
subdivision to create and maintain the open data website and carry out
the duties pursuant to article 6-B of the public officers law.

The public officers law is amended by adding a new article 6-B to read
as follows:

Section 99-b. Provides for the definitions of "covered state entity,"
"data," "data set," "publishable state data," and "technical standard."

Section 99-c. Provides for the establishment of an open data website by
the Office of Information Technology Services in order to provide access
to publishable state data that is owned, controlled, collected or other-
wise maintained by covered state entities. The Office of Information
Technology Services, in coordination with the Committee for Open Govern-
ment, and the data working group shall coordinate implementation and
expansion of the open data website to facilitate the sharing of informa-
tion. Further, each covered state entity shall designate a data coordi-
nator, who shall have authority to make decisions or otherwise bind a
covered state entity, have knowledge of data and resources in use by the
entity, and shall be responsible for that covered state entity's compli-
ance with this article.

Section 99-d. Provides for the Office of Information Technology Services
to establish a data working group made up of representatives from the
Office of Information Technology Services and the Information Security
division of the Office of Information Technology Services, the Office of
General Services, the Division of Budget, the Committee on Open Govern-
ment, a representative from the Department of State with expertise in
local governments, and between eight and twelve data coordinators who
shall represent an appropriate cross-section of covered state entities.

Section 99-e. Outlines how covered state entities shall make their publ-
ishable state data available on the open data website.

Section 99-f. Provides for participation by other state entities and
political subdivisions such that they may submit data to the open data
website for publication.

Section 99-g. Requires the Office of Information Technology Services, in
consultation with the data working group, and the Committee on Open
Government to prepare and publish guidelines for publishing state data
in raw. or unprocessed form for the purpose of making public data avail-
able to the greatest number of users and for the greatest number of
applications.

Section 99-h. Provides for the reporting requirements of the Office of
Information Technology Services.

Section 99-i. Provides for the severability of provisions in this arti-
cle.

JUSTIFICATION:

Since its enactment in 1974, users of the Freedom of Information Law
(FOIL) have been able to submit written requests to "pull" records out
of government agencies. In many areas of government, however, new tech-
nologies have made this approach unduly burdensome, costly and slow.
There is an international trend toward proactive disclosure of govern-
ment information, and New York agencies similarly need to develop the
capacity to "push" information to the public. By facilitating the
release of relevant information through an open data website, the state
can, without the need for any specific request, enable improvements in
government efficiency and effectiveness, educate and empower citizens,
and unleash public and private sector creativity and innovation.

Several state and local government agencies, including the City of New
York, routinely post records online, and this trend should be embraced,
encouraged, and expanded. Making vast amounts of valuable government-
held information more widely available, and facilitating its use, has
the potential to increase the state's accountability and responsiveness,
improve public knowledge of its operations, create economic opportunity,
and respond to a need or demand identified after public consultation.

This platform for transparency, participation, and collaboration prom-
ises to transform the relationship between the public and their govern-
ment.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

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

                                  7380

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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

AN ACT to amend the public officers law and the state technology law, in
  relation to establishing the open data law

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

  Section  1. The public officers law is amended by adding a new article
6-B to read as follows:
                               ARTICLE 6-B
                              OPEN DATA LAW
SECTION 99-A. SHORT TITLE.
        99-B. DEFINITIONS.
        99-C. OPEN DATA WEBSITE.
        99-D. DATA WORKING GROUP.
        99-E. PUBLICATION OF DATA.
        99-F. PARTICIPATION BY OTHER STATE ENTITIES AND POLITICAL SUBDI-
                VISIONS.
        99-G. GUIDELINES.
        99-H. REPORTING REQUIREMENTS.
        99-I. SEVERABILITY.
  S 99-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
THE "OPEN DATA LAW".
  S  99-B.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "COVERED STATE ENTITY" SHALL  MEAN  ANY  STATE  DEPARTMENT,  BOARD,
BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
RATION,  COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING A
GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE EXCEPT THE  JUDICIARY
OR THE STATE LEGISLATURE.
  2. "DATA" SHALL MEAN FINAL VERSIONS OF STATISTICAL OR FACTUAL INFORMA-
TION THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11660-02-3

S. 7380                             2

  (A)  ARE IN ALPHANUMERIC FORM REFLECTED IN A LIST, TABLE, GRAPH, CHART
OR OTHER NON-NARRATIVE FORM, THAT CAN BE DIGITALLY TRANSMITTED OR  PROC-
ESSED;
  (B)  ARE  REGULARLY CREATED OR MAINTAINED BY OR ON BEHALF OF A COVERED
STATE ENTITY AND ARE CONTROLLED BY SUCH ENTITY; AND
  (C) RECORD A MEASUREMENT, TRANSACTION OR DETERMINATION RELATED TO  THE
MISSION OF THE COVERED STATE ENTITY.
  THE  TERM "DATA" SHALL NOT INCLUDE IMAGE FILES, SUCH AS DESIGNS, DRAW-
INGS, AND PHOTOS OR SCANNED  COPIES  OF  ORIGINAL  DOCUMENTS;  PROVIDED,
HOWEVER,  THAT  THE  TERM  "DATA"  SHALL  INCLUDE STATISTICAL OR FACTUAL
INFORMATION ABOUT IMAGE FILES AND GEOGRAPHIC INFORMATION SYSTEM DATA.
  3. "DATA SET" SHALL MEAN A NAMED COLLECTION OF RELATED  RECORDS  MAIN-
TAINED  ON  A STORAGE DEVICE, WITH THE COLLECTION CONTAINING DATA ORGAN-
IZED OR FORMATTED IN A SPECIFIC OR  PRESCRIBED  WAY,  OFTEN  IN  TABULAR
FORM.
  4.  "PUBLISHABLE  STATE DATA" SHALL MEAN A COMPREHENSIVE COLLECTION OF
INTERRELATED DATA THAT IS AVAILABLE FOR  INSPECTION  BY  THE  PUBLIC  IN
ACCORDANCE  WITH  ANY  PROVISION  OF LAW AND IS MAINTAINED ON A COMPUTER
SYSTEM BY, OR ON BEHALF OF, A COVERED STATE ENTITY. SUCH TERM SHALL  NOT
BE PUBLISHABLE STATE DATA IF MAKING SUCH DATA AVAILABLE ON THE OPEN DATA
WEBSITE WOULD VIOLATE STATUTE OR REGULATION, ENDANGER THE PUBLIC HEALTH,
SAFETY  OR  WELFARE, INTERFERE WITH A CRIMINAL OR CIVIL INVESTIGATION OR
IMPOSE AN UNDUE FINANCIAL, OPERATIONAL, OR ADMINISTRATIVE  BURDEN  ON  A
COVERED STATE ENTITY OR THE STATE. SUCH TERM SHALL ALSO NOT INCLUDE:
  (A)  ANY  PORTION  OF  DATA  TO  WHICH A COVERED STATE ENTITY MAY DENY
ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF THIS  CHAPTER  OR  ANY  OTHER
FEDERAL OR STATE LAW, RULE OR REGULATION;
  (B) ANY DATA SET THAT CONTAINS A SIGNIFICANT AMOUNT OF DATA TO WHICH A
COVERED STATE ENTITY MAY DENY ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF
THIS CHAPTER OR ANY OTHER PROVISION OF A FEDERAL OR STATE LAW, AND WHERE
REMOVING  SUCH  DATA  WOULD  IMPOSE  UNDUE  FINANCIAL  OR ADMINISTRATIVE
BURDEN;
  (C) DATA THAT REFLECTS THE INTERNAL DELIBERATIVE PROCESS OF A  COVERED
STATE  ENTITY INCLUDING BUT NOT LIMITED TO NEGOTIATING POSITIONS, FUTURE
PROCUREMENTS, OR PENDING OR REASONABLY ANTICIPATED LEGAL OR  ADMINISTRA-
TIVE PROCEEDINGS;
  (D)  DATA  STORED  ON  A COVERED STATE ENTITY-OWNED PERSONAL COMPUTING
DEVICE, OR DATA STORED ON A PORTION OF A NETWORK THAT  HAS  BEEN  EXCLU-
SIVELY  ASSIGNED  TO  A SINGLE COVERED STATE ENTITY EMPLOYEE OR A SINGLE
COVERED STATE ENTITY OWNED OR CONTROLLED COMPUTING DEVICE;
  (E) MATERIALS THAT HAVE BEEN SUBJECT TO COPYRIGHT, PATENT,  TRADEMARK,
CONFIDENTIALITY AGREEMENTS OR TRADE SECRET PROTECTION;
  (F)  PROPRIETARY  APPLICATIONS,  COMPUTER  CODE,  SOFTWARE,  OPERATING
SYSTEMS OR SIMILAR MATERIALS; OR
  (G)  EMPLOYMENT  RECORDS,  INTERNAL  EMPLOYEE-RELATED  DIRECTORIES  OR
LISTS,   AND   FACILITIES   DATA,   INFORMATION   TECHNOLOGY,   INTERNAL
SERVICE-DESK AND OTHER DATA RELATED TO  INTERNAL  COVERED  STATE  ENTITY
ADMINISTRATION.
  5. "TECHNICAL STANDARD" SHALL MEAN:
  (A)  THE  COMMON  AND REPEATED USE OF RULES, CONDITIONS, GUIDELINES OR
CHARACTERISTICS FOR PRODUCTS OR RELATED PROCESSES AND  PRODUCTION  METH-
ODS, AND RELATED MANAGEMENT SYSTEMS PRACTICES; AND
  (B)  (I)  THE  DEFINITION OF TERMS; (II) CLASSIFICATION OF COMPONENTS;
(III) DELINEATION OF  PROCEDURES;  (IV)  SPECIFICATIONS  OF  DIMENSIONS,
MATERIALS, PERFORMANCE, DESIGNS OR OPERATIONS; (V) MEASUREMENT OF QUALI-
TY  AND  QUANTITY IN DESCRIBING MATERIALS, PROCESSES, PRODUCTS, SYSTEMS,

S. 7380                             3

SERVICES OR PRACTICES; (VI) TEST METHODS  AND  SAMPLING  PROCEDURES;  OR
(VII) DESCRIPTIONS OF FIT AND MEASUREMENTS OF SIZE OR STRENGTH.
  S  99-C.  OPEN  DATA  WEBSITE.  1. AN ONLINE OPEN DATA WEBSITE FOR THE
COLLECTION AND PUBLIC DISSEMINATION OF PUBLISHABLE STATE DATA IS  HEREBY
ESTABLISHED  IN  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN
DATA WEBSITE SHALL BE MAINTAINED AT DATA.NY.GOV OR SUCH OTHER  SUCCESSOR
WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE
BY  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN DATA WEBSITE
WILL PROVIDE ACCESS TO PUBLISHABLE STATE DATA THAT IS OWNED, CONTROLLED,
COLLECTED OR OTHERWISE MAINTAINED BY COVERED STATE ENTITIES.
  2. (A) THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN  COORDINATION
WITH THE COMMITTEE FOR OPEN GOVERNMENT, AND THE DATA WORKING GROUP SHALL
COORDINATE  IMPLEMENTATION  AND  EXPANSION  OF  THE OPEN DATA WEBSITE TO
FACILITATE THE SHARING OF INFORMATION.
  (B) WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS  ARTICLE,  EACH
COVERED  STATE ENTITY SHALL DESIGNATE A DATA COORDINATOR, WHO SHALL HAVE
AUTHORITY TO MAKE DECISIONS OR OTHERWISE BIND A  COVERED  STATE  ENTITY,
HAVE  KNOWLEDGE OF DATA AND RESOURCES IN USE BY THE ENTITY, AND SHALL BE
RESPONSIBLE FOR THAT COVERED STATE ENTITY'S COMPLIANCE WITH  THIS  ARTI-
CLE.
  S 99-D. DATA WORKING GROUP. WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE
DATE  OF  THIS  ARTICLE,  THE  OFFICE OF INFORMATION TECHNOLOGY SERVICES
SHALL ESTABLISH A DATA WORKING GROUP MADE UP OF REPRESENTATIVES FROM THE
OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE  INFORMATION  SECURITY
DIVISION OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE OFFICE OF
GENERAL  SERVICES, THE DIVISION OF BUDGET, THE COMMITTEE ON OPEN GOVERN-
MENT, A REPRESENTATIVE FROM THE DEPARTMENT OF STATE  WITH  EXPERTISE  IN
LOCAL  GOVERNMENTS AND AT LEAST EIGHT BUT NO MORE THAN TWELVE DATA COOR-
DINATORS WHO SHALL REPRESENT AN  APPROPRIATE  CROSS-SECTION  OF  COVERED
STATE  ENTITIES. SUCH DATA COORDINATORS SHALL BE CHOSEN BY THE REPRESEN-
TATIVE OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE DATA  WORK-
ING  GROUP SHALL ASSIST THE OFFICE OF INFORMATION TECHNOLOGY SERVICES IN
CARRYING OUT ITS DUTIES UNDER THIS ARTICLE.
  S 99-E. PUBLICATION OF DATA. 1. ALL COVERED STATE ENTITIES SHALL  MAKE
THEIR  PUBLISHABLE  STATE  DATA  AVAILABLE  ON  THE OPEN DATA WEBSITE AS
FOLLOWS:
  (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE  AND  THERE-
AFTER,  ALL  PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE ON THE OPEN DATA
WEBSITE. IF A COVERED STATE ENTITY  CANNOT  MAKE  ALL  SUCH  PUBLISHABLE
STATE  DATA AVAILABLE ON THE OPEN DATA WEBSITE PURSUANT TO THIS ARTICLE,
THE COVERED STATE ENTITY SHALL REPORT TO THE OFFICE OF INFORMATION TECH-
NOLOGY SERVICES WHICH PUBLISHABLE STATE DATA THAT IT IS UNABLE  TO  MAKE
AVAILABLE,  THE  REASONS  WHY  IT CANNOT DO SO AND THE DATE BY WHICH THE
COVERED STATE ENTITY EXPECTS THAT SUCH PUBLISHABLE STATE  DATA  WILL  BE
AVAILABLE ON THE OPEN DATA WEBSITE.
  (B)  SUCH  PUBLISHABLE  STATE DATA SHALL BE MADE AVAILABLE PURSUANT TO
THIS ARTICLE AND SHALL BE IN A FORMAT THAT PERMITS AUTOMATED  PROCESSING
AND SHALL MAKE USE OF APPROPRIATE TECHNOLOGY TO NOTIFY THE PUBLIC OF ALL
UPDATES.
  (C) SUCH PUBLISHABLE STATE DATA SHALL BE UPDATED AS OFTEN AS IS NECES-
SARY  TO  PRESERVE  THE INTEGRITY AND USEFULNESS OF THE DATA SETS TO THE
EXTENT THAT THE COVERED STATE ENTITY REGULARLY MAINTAINS OR UPDATES  THE
PUBLISHABLE STATE DATA AND THE PUBLIC SHALL BE NOTIFIED OF SUCH UPDATES.
  (D)  SUCH  PUBLISHABLE  STATE DATA SHALL BE MADE AVAILABLE WITHOUT ANY
REGISTRATION REQUIREMENT, LICENSE REQUIREMENT OR RESTRICTIONS  ON  THEIR
USE  PROVIDED THAT THE DEPARTMENT MAY REQUIRE A THIRD PARTY PROVIDING TO

S. 7380                             4

THE PUBLIC ANY PUBLISHABLE STATE DATA,  OR  APPLICATION  UTILIZING  SUCH
PUBLISHABLE STATE DATA, TO EXPLICITLY IDENTIFY THE SOURCE AND VERSION OF
THE  PUBLISHABLE STATE DATA, AND A DESCRIPTION OF ANY MODIFICATIONS MADE
TO  SUCH  PUBLISHABLE  STATE  DATA.  REGISTRATION  REQUIREMENTS, LICENSE
REQUIREMENTS OR RESTRICTIONS AS USED IN THIS SECTION SHALL  NOT  INCLUDE
MEASURES REQUIRED TO ENSURE ACCESS TO PUBLISHABLE STATE DATA, TO PROTECT
THE OPEN DATA WEBSITE HOUSING PUBLISHABLE STATE DATA FROM UNLAWFUL ABUSE
OR  ATTEMPTS  TO  DAMAGE OR IMPAIR USE OF THE WEBSITE, OR TO ANALYZE THE
TYPES OF DATA BEING USED TO IMPROVE SERVICE DELIVERY.
  (E) SUCH PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE TO EXTERNAL SEARCH
CAPABILITIES.
  2. (A) PUBLISHABLE STATE DATA MADE AVAILABLE PURSUANT TO THIS  ARTICLE
IS  PROVIDED FOR INFORMATIONAL PURPOSES. THE STATE DOES NOT WARRANTY THE
COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
USE OF ANY PUBLISHABLE STATE  DATA  MADE  AVAILABLE  ON  THE  OPEN  DATA
WEBSITE,  NOR  ARE  ANY  SUCH  WARRANTIES TO BE IMPLIED OR INFERRED WITH
RESPECT TO THE PUBLISHABLE STATE DATA FURNISHED THEREIN.
  (B) THE STATE  SHALL  NOT  BE  LIABLE  FOR  ANY  DEFICIENCIES  IN  THE
COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
USE  OF  ANY PUBLISHABLE STATE DATA, OR APPLICATION UTILIZING SUCH PUBL-
ISHABLE STATE DATA, PROVIDED BY ANY THIRD PARTY.
  (C) THIS ARTICLE SHALL NOT BE CONSTRUED TO CREATE A PRIVATE  RIGHT  OF
ACTION  TO  ENFORCE  ITS PROVISIONS. FAILURE TO COMPLY WITH THIS ARTICLE
SHALL NOT RESULT IN LIABILITY TO A COVERED STATE ENTITY.
  S 99-F. PARTICIPATION BY OTHER STATE ENTITIES AND  POLITICAL  SUBDIVI-
SIONS.  STATE AGENCIES AND AUTHORITIES AND POLITICAL SUBDIVISIONS OF THE
STATE OTHER THAN COVERED STATE ENTITIES MAY SUBMIT DATA TO THE OPEN DATA
WEBSITE FOR PUBLICATION IN ACCORDANCE WITH THIS ARTICLE. THE  OFFICE  OF
INFORMATION  TECHNOLOGY SERVICES SHALL ASSIST SUCH AGENCIES AND AUTHORI-
TIES AND SUCH POLITICAL SUBDIVISIONS TO USE THE OPEN DATA WEBSITE.  SUCH
ASSISTANCE  SHALL  INCLUDE, BUT NOT BE LIMITED TO, TECHNICAL ASSISTANCE,
AND ACCOMMODATIONS SHALL BE MADE FOR VARIATIONS AMONG SUCH AGENCIES  AND
AUTHORITIES  AND  SUCH  POLITICAL  SUBDIVISIONS' CAPACITY AND EQUIPMENT.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO COMPEL SUCH  AGENCIES  AND
AUTHORITIES  AND  SUCH POLITICAL SUBDIVISIONS TO SUBMIT DATA TO THE OPEN
DATA WEBSITE.
  S 99-G. GUIDELINES. WITHIN ONE HUNDRED EIGHTY DAYS  OF  THE  EFFECTIVE
DATE  OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN
CONSULTATION WITH THE DATA WORKING GROUP,  AND  THE  COMMITTEE  ON  OPEN
GOVERNMENT,  SHALL  PREPARE AND PUBLISH GUIDELINES FOR THE PUBLISHING OF
PUBLISHABLE STATE DATA IN RAW OR UNPROCESSED FORM THROUGH AN  OPEN  DATA
WEBSITE  BY COVERED STATE ENTITIES FOR THE PURPOSE OF MAKING PUBLIC DATA
AVAILABLE TO THE GREATEST NUMBER OF USERS AND FOR THE GREATEST NUMBER OF
APPLICATIONS AND SHALL, WHENEVER PRACTICABLE, USE OPEN STANDARDS FOR WEB
PUBLISHING. SUCH GUIDELINES SHALL IDENTIFY THE REASONS WHY EACH  TECHNI-
CAL  STANDARD  WAS SELECTED AND FOR WHICH TYPES OF DATA IT IS APPLICABLE
AND MAY RECOMMEND OR REQUIRE THAT DATA BE PUBLISHED  IN  MORE  THAN  ONE
TECHNICAL  STANDARD.  THE  GUIDELINES  SHALL  INCLUDE A PLAN TO ADOPT OR
UTILIZE A WEB APPLICATION PROGRAMMING INTERFACE THAT PERMITS APPLICATION
PROGRAMS TO REQUEST AND RECEIVE PUBLISHABLE STATE DATA DIRECTLY FROM THE
WEB PORTAL. SUCH GUIDELINES SHALL BE UPDATED AS NECESSARY.  SUCH  GUIDE-
LINES SHALL ALSO:
  (A)  PROVIDE  MODELS AND GUIDANCE FOR COVERED STATE ENTITIES TO FOLLOW
WHEN CREATING THEIR DATA SETS;

S. 7380                             5

  (B) PROVIDE GUIDANCE TO COVERED STATE ENTITIES ON SETTING  A  SCHEDULE
FOR  INITIAL  AND  ONGOING  PUBLICATION OF DATA ON THE OPEN DATA WEBSITE
INCLUDING BUT NOT LIMITED TO REQUIRING:
  (I)  CONSULTATION  WITH  THE  DIRECTORS AND STAFF OF THE COVERED STATE
ENTITY'S PUBLIC AFFAIRS OR PUBLIC  INFORMATION,  LEGAL  AND  FREEDOM  OF
INFORMATION LAW OFFICES;
  (II)  PRIORITIZATION  OF  PUBLICATION  OF  DATA BASED ON THE EXTENT TO
WHICH THE DATA CAN BE  USED  TO  INCREASE  THE  COVERED  STATE  ENTITY'S
ACCOUNTABILITY AND RESPONSIVENESS, IMPROVE PUBLIC KNOWLEDGE OF THE ENTI-
TY AND ITS OPERATIONS, FURTHER THE MISSION OF THE ENTITY, CREATE ECONOM-
IC  OPPORTUNITY,  OR RESPOND TO A NEED OR DEMAND IDENTIFIED AFTER PUBLIC
CONSULTATION;
  (C) PROVIDE GUIDELINES FOR IDENTIFYING AND REVIEWING PUBLISHABLE STATE
DATA BY COVERED STATE ENTITIES BEFORE PUBLICATION;
  (D) PROVIDE UNIFORM STANDARDS FOR THE FORMAT  OF  DATA  SUBMITTED  FOR
PUBLICATION ON THE OPEN DATA WEBSITE;
  (E) SET FORTH THE OPEN DATA WEBSITE TERMS OF USE;
  (F)  PROVIDE  GUIDELINES  ON PARTICIPATION BY AGENCIES AND AUTHORITIES
OTHER THAN COVERED STATE ENTITIES AND PARTICIPATION BY POLITICAL  SUBDI-
VISIONS;
  (G)  PROVIDE  GUIDANCE  ON  THE PUBLICATION OF NARRATIVE DATA, SUCH AS
REPORTS; AND
  (H) ANY OTHER GUIDELINES NECESSARY  FOR  THE  IMPLEMENTATION  OF  THIS
ARTICLE.
  S  99-H.  REPORTING  REQUIREMENTS.  1.  WITHIN  EIGHTEEN MONTHS OF THE
EFFECTIVE DATE OF THIS ARTICLE, THE  OFFICE  OF  INFORMATION  TECHNOLOGY
SERVICES  SHALL  SUBMIT A COMPLIANCE PLAN TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND  SHALL  MAKE
SUCH  PLAN  AVAILABLE  TO  THE  PUBLIC  ON THE OPEN DATA WEBSITE.   EACH
COVERED STATE ENTITY SHALL COOPERATE  WITH  THE  OFFICE  OF  INFORMATION
TECHNOLOGY  SERVICES  IN  ITS  PREPARATION  OF SUCH PLAN. THE PLAN SHALL
INCLUDE A SUMMARY  DESCRIPTION  OF  PUBLISHABLE  STATE  DATA  UNDER  THE
CONTROL  OF  EACH COVERED STATE ENTITY ON OR AFTER THE EFFECTIVE DATE OF
THIS ARTICLE, AND SHALL  PRIORITIZE  SUCH  PUBLISHABLE  STATE  DATA  FOR
INCLUSION  ON THE OPEN DATA WEBSITE. IF PUBLISHABLE STATE DATA CANNOT BE
MADE  AVAILABLE  ON  THE  OPEN  DATA  WEBSITE  ON  OR  BEFORE   DECEMBER
THIRTY-FIRST,  TWO  THOUSAND  EIGHTEEN, THE PLAN SHALL STATE THE REASONS
WHY SUCH SET OR SETS OF DATA CANNOT  BE  MADE  AVAILABLE,  AND,  TO  THE
EXTENT PRACTICABLE, THE DATE BY WHICH THE COVERED STATE ENTITY THAT OWNS
THE DATA BELIEVES THAT IT WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
  (2)  FOR  PURPOSES  OF  PRIORITIZING  PUBLISHABLE STATE DATA, AGENCIES
SHALL CONSIDER WHETHER INFORMATION EMBODIED  IN  THE  PUBLISHABLE  STATE
DATA: (A) CAN BE USED TO INCREASE COVERED STATE ENTITIES' ACCOUNTABILITY
AND  RESPONSIVENESS;  (B) IMPROVES PUBLIC KNOWLEDGE OF THE COVERED STATE
ENTITY AND ITS OPERATIONS; (C) FURTHERS THE MISSION OF THE COVERED STATE
ENTITY; (D) CREATES ECONOMIC OPPORTUNITY; OR (E) RESPONDS TO A  NEED  OR
DEMAND IDENTIFIED BY PUBLIC CONSULTATION.
  (3)  NO LATER THAN JULY FIFTEENTH, TWO THOUSAND SIXTEEN AND EVERY JULY
FIFTEENTH THEREAFTER, THE  OFFICE  OF  INFORMATION  TECHNOLOGY  SERVICES
SHALL SUBMIT AND POST ON THE WEB PORTAL AN UPDATE OF THE COMPLIANCE PLAN
TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY UNTIL ALL PUBLISHABLE STATE DATA HAS BEEN MADE AVAILABLE
THROUGH AN OPEN DATA WEBSITE  IN  COMPLIANCE  WITH  THIS  ARTICLE.  SUCH
UPDATE  SHALL INCLUDE THE SPECIFIC MEASURES UNDERTAKEN TO MAKE PUBLISHA-
BLE STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE SINCE THE  IMMEDIATELY
PRECEDING UPDATE, SPECIFIC MEASURES THAT WILL BE UNDERTAKEN PRIOR TO THE

S. 7380                             6

NEXT  UPDATE,  AN  UPDATE  TO THE LIST OF PUBLISHABLE STATE DATA AND, IF
NECESSARY, ANY CHANGES TO THE PRIORITIZATION OF PUBLISHABLE STATE  DATA.
IF  PUBLISHABLE  STATE  DATA  CANNOT  BE MADE AVAILABLE ON THE OPEN DATA
WEBSITE  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE
UPDATE SHALL STATE THE REASONS WHY IT CANNOT AND, TO THE EXTENT  PRACTI-
CABLE,  THE  DATE  BY  WHICH THE COVERED STATE ENTITY BELIEVES THAT SUCH
PUBLISHABLE STATE DATA WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
  S 99-I. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS  ADJUDGED  INVALID  BY  A
COURT  OF  COMPETENT  JURISDICTION,  SUCH  JUDGMENT  SHALL NOT AFFECT OR
IMPAIR THE VALIDITY OF THE OTHER PROVISIONS OF THE ARTICLE OR THE APPLI-
CATION THEREOF TO OTHER PERSONS AND CIRCUMSTANCES.
  S 2. Section 103 of the state technology law is amended  by  adding  a
new subdivision 22 to read as follows:
  22.  TO  CREATE  AND  MAINTAIN THE OPEN DATA WEBSITE AND CARRY OUT THE
DUTIES PURSUANT TO ARTICLE SIX-B OF THE PUBLIC OFFICERS LAW.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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