senate Bill S4706

2011-2012 Legislative Session

Requires the committee on open government to provide guidance to agencies on the development and maintenance of subject matter lists

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 referred to governmental operations
delivered to assembly
passed senate
Mar 07, 2012 advanced to third reading
Mar 06, 2012 2nd report cal.
Mar 05, 2012 1st report cal.275
Jan 04, 2012 referred to investigations and government operations
Apr 14, 2011 referred to investigations and government operations

Votes

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Mar 5, 2012 - Investigations and Government Operations committee Vote

S4706
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: Mar 5, 2012

aye wr (1)

S4706 - Bill Details

Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S3803

S4706 - Bill Texts

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Requires the committee on open government to provide guidance to agencies on the development and maintenance of subject matter lists.

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BILL NUMBER:S4706

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
2009-10: S.3803: Investigations & Government Operations

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.

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

                                  4706

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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, in relation to providing  guid-
  ance  to agencies on the development and maintenance of subject matter
  lists

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

  Section  1. Paragraph (b) of subdivision 1 of section 89 of the public
officers law, as amended by chapter 182 of the laws of 2006, is  amended
to read as follows:
  (b) The committee shall:
  i. furnish to any agency advisory guidelines, opinions or other appro-
priate information regarding this article;
  ii.  furnish  to  any  person  advisory  opinions or other appropriate
information regarding this article;
  iii. promulgate rules and regulations with respect to the  implementa-
tion  of  subdivision  one  and  paragraph  (c)  of subdivision three of
section eighty-seven of this article;
  iv. request from any agency such assistance, services and  information
as  will  enable  the  committee to effectively carry out its powers and
duties;
  v. develop a form, which shall be made available on the internet, that
may be used by the public to request a record; [and]
  vi. PROVIDE GUIDANCE TO AGENCIES ON THE DEVELOPMENT AND MAINTENANCE OF
REASONABLY DETAILED CURRENT LISTS BY SUBJECT MATTER OF  ALL  RECORDS  IN
THE  POSSESSION OF SUCH AGENCIES, WHICH MAY INCLUDE THE DISSEMINATION OF
MODEL LISTS IN PRINT OR ELECTRONIC FORMAT AND THE  RECOGNITION  OF  BEST
PRACTICES  BY  AGENCIES AND, IN CONSULTATION WITH THE STATE ARCHIVES AND
RECORDS ADMINISTRATION, DEVELOP AND  PROVIDE  GUIDANCE  ON  THE  USE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10892-01-1

S. 4706                             2

RECORDS  RETENTION SCHEDULES AND AGENCY RECORDS MANAGEMENT ACTIVITIES TO
FACILITATE THE DEVELOPMENT AND MAINTENANCE OF SUCH LISTS; AND
  VII.  report on its activities and findings regarding this article and
article seven of this chapter, including recommendations for changes  in
the  law,  to  the  governor  and the legislature annually, on or before
December fifteenth.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however,  that  the  committee  on
open  government shall be immediately authorized and directed to promul-
gate any rules and regulations and take any other actions necessary  for
implementation of this act on such effective date.

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