Senate Bill S3803

                                 BILL NUMBER:  S3803

 TITLE OF BILL :

An act to amend the public officers law, in relation to providing
guidance to agencies on the development and maintenance of subject
matter lists


 PURPOSE OR GENERAL IDEA OF BILL :

This bill will improve state agency preparation of subject matter
lists of records maintained under the Freedom of Information Law, by
authorizing the dissemination of general guidance by the Committee on
Open Government.

 SUMMARY OF PROVISIONS :

Section one of the bill adds a new subparagraph (vi) to §89(1) (b) of
the Public Officers Law to authorize the Committee on Open Government
(COG) to provide guidance to agencies on the development and
maintenance of subject matter lists under the Freedom of Information
Law (FOIL). Among the forms this guidance may take are the
dissemination of model lists in print or electronic format and the
recognition of best practices and, in consultation with the State
Archives and Records Administration, information on how records
              

retention schedules and agency records management activities can be
used to facilitate the development and maintenance of such lists.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

Although state agencies are currently required to maintain reasonably
detailed, current subject matter lists, a recent review of their
efforts has shown that many lists are seriously outdated and/or
lacking in substantial detail. This bill would help to rectify such
lapses.

 JUSTIFICATION :

Article 6 of the Public Officers law, better known as the "Freedom of
Information law" (FOIL), is intended to make it easier to locate and
obtain state agency records that are of interest to the public. Among
other things, FOIL requires each state agency to maintain a
"reasonably detailed current list by subject matter of all records in
the possession of the agency." However, a recent Legislative study
found that many agency lists were seriously outdated -- in some cases
by 10 years or more - and many lists contained little detail or
omitted significant categories of agency records. The report included
several recommendations to improve agency compliance with FOIL's
standards for subject matter lists. One was for COG to facilitate the
preparation of high-quality lists by providing guidance to agencies,
including such tools as model lists and the recognition of agency best
practices. As discussed in the report, the records management
activities of the State Archives & Records Administration (SARA) can
also be a source of assistance for agencies. For example, the
categories employed in the general records retention schedule
developed by SARA could be carried over to form part of an agency's
subject matter list. The bill provides for collaboration by COG and
SARA in creating such guidance.

 PRIOR LEGISLATIVE HISTORY :

2005-06: A.10347: Passed Assembly/S.7806: Senate Investigations & Govt
Operations Cmte.
2007-08: A.3403: Passed Assembly.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
120th day after it becoming law; provided that COG is immediately
authorized and directed to promulgate any rules and regulations and
take any other actions necessary for implementation of this act on
such date.