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

                                   955

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. KELLNER, CAHILL, MILLMAN, GALEF, GABRYSZAK --
  Multi-Sponsored by -- M.  of A. CROUCH, LUPARDO, THIELE --  read  once
  and referred to the Committee on Governmental Operations

AN ACT to amend the public officers law, in relation to requiring public
  disclosure  of  certain state agency materials; and to amend the state
  technology law, in relation to authorizing the office  for  technology
  to  publish a technical standards manual for the publishing of records
  on the internet by state agencies

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

  Section  1.   This act shall be known as and may be cited as the "open
New York act".
  S 2. Section 86 of the public officers law is amended  by  adding  two
new subdivisions 6 and 7 to read as follows:
  6.   "DATA" MEANS FINAL VERSIONS OF STATISTICAL OR FACTUAL INFORMATION
(A) IN ALPHANUMERIC FORM REFLECTED IN A LIST,  TABLE,  GRAPH,  CHART  OR
OTHER  NON-NARRATIVE  FORM,  THAT  CAN BE DIGITALLY TRANSMITTED OR PROC-
ESSED; AND (B) REGULARLY CREATED OR MAINTAINED BY OR ON  BEHALF  OF  AND
OWNED  BY AN AGENCY THAT RECORDS A MEASUREMENT, TRANSACTION, OR DETERMI-
NATION RELATED TO THE MISSION OF AN AGENCY. SUCH TERM SHALL NOT  INCLUDE
INFORMATION  PROVIDED  TO  AN AGENCY BY OTHER GOVERNMENTAL ENTITIES, NOR
SHALL IT INCLUDE IMAGE FILES, SUCH AS DESIGNS, DRAWINGS,  MAPS,  PHOTOS,
OR  SCANNED COPIES OF ORIGINAL DOCUMENTS, PROVIDED THAT IT SHALL INCLUDE
STATISTICAL OR FACTUAL INFORMATION ABOUT  SUCH  IMAGE  FILES  AND  SHALL
INCLUDE  GEOGRAPHIC  INFORMATION  SYSTEM  DATA.  NOTHING IN THIS ARTICLE
SHALL BE DEEMED TO PROHIBIT AN AGENCY FROM VOLUNTARILY DISCLOSING INFOR-
MATION NOT OTHERWISE DEFINED AS "DATA" IN THIS SUBDIVISION, NOR SHALL IT
BE DEEMED TO PROHIBIT AN AGENCY FROM MAKING SUCH  VOLUNTARILY  DISCLOSED
INFORMATION  ACCESSIBLE THROUGH THE SINGLE WEB PORTAL ESTABLISHED PURSU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00567-02-3
              

A. 955                              2

ANT TO SUBDIVISION FIVE-A OF SECTION ONE  HUNDRED  THREE  OF  THE  STATE
TECHNOLOGY LAW.
  7.  "MACHINE-READABLE" MEANS DATA IN A FORM THAT A COMPUTER CAN ACCEPT
WHICH IS COMPATIBLE WITH WIDELY USED  COMPUTER  PROGRAMS  THAT  PROCESS,
STORE  AND  CAUSE  TO  BE  PRINTED  INFORMATION SIMILAR TO THAT WHICH IS
REQUIRED BY THIS SECTION. MACHINE-READABLE SHALL ALSO  MEAN  DATA  IN  A
FORM  THAT  A  DATABASE MANAGEMENT SYSTEM OR PROGRAM CAN ORGANIZE, STORE
AND RETRIEVE FROM A COMPUTER-MAINTAINED DATABASE OR DATA BANK.
  S 3. The opening paragraph  of  paragraph  (c)  of  subdivision  1  of
section  87  of  the public officers law, as added by chapter 223 of the
laws of 2008, is amended and a new subdivision 2-a is added to  read  as
follows:
  In  determining  the  actual  cost of reproducing a PHYSICAL COPY OF A
record, an agency may include only:
  2-A. ALL DATA AVAILABLE PURSUANT TO THE  PROVISIONS  OF  THIS  SECTION
SHALL BE AVAILABLE IN ELECTRONIC FORM PURSUANT TO THE PROVISIONS OF THIS
SECTION  AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION EIGHTY-SEVEN-A
OF THIS ARTICLE.
  S 4. The public officers law is amended by adding a new  section  87-a
to read as follows:
  S  87-A.  STATE  INTERNET  DATA  POLICY.  1. (A) THE COMMITTEE ON OPEN
GOVERNMENT SHALL PROMULGATE RULES ESTABLISHING AN INTERNET  DATA  POLICY
FOR THE STATE OF NEW YORK CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE
NO  LATER THAN JANUARY THIRD, TWO THOUSAND FOURTEEN, FOR THE PURPOSES OF
MAKING AGENCY DATA AVAILABLE ON THE INTERNET AND ENSURING AGENCY COMPLI-
ANCE WITH THE PROVISIONS OF THIS ARTICLE. SUCH POLICY SHALL INCLUDE, BUT
NOT BE LIMITED TO, GUIDELINES TO ASSIST AGENCIES  IN  CLASSIFYING  THEIR
DATA  EITHER  AS  IMMEDIATE,  PRIORITY, LEGACY OR EXEMPT PURSUANT TO THE
AGENCY COMPLIANCE PLAN DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
  (B) THE COMMITTEE ON OPEN GOVERNMENT SHALL CONSULT WITH THE OFFICE FOR
TECHNOLOGY REGARDING THE PREPARATION, PUBLICATION AND PERIODIC  UPDATING
OF A TECHNICAL STANDARDS MANUAL FOR THE PUBLISHING OF DATA ON THE INTER-
NET BY STATE AGENCIES AS PROVIDED IN SUBDIVISION TWELVE-C OF SECTION ONE
HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
  (C)  EACH STATE AGENCY, IN CONSULTATION WITH THE OFFICE FOR TECHNOLOGY
AND THE COMMITTEE ON OPEN GOVERNMENT, SHALL REVIEW ALL DATA ACQUIRED  OR
CREATED  BY  SUCH  AGENCY ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
UNDER ITS CONTROL AND SHALL CLASSIFY IT AS IMMEDIATE,  PRIORITY,  LEGACY
OR EXEMPT IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION.
  (D) EACH STATE AGENCY, IN CONSULTATION WITH THE OFFICE FOR TECHNOLOGY,
THE  COMMITTEE  ON OPEN GOVERNMENT AND THE STATE ARCHIVIST, SHALL REVIEW
ALL DATA WHICH WAS IN THE POSSESSION OF SUCH AGENCY PRIOR TO THE  EFFEC-
TIVE  DATE  OF  THIS  SECTION  TO  DETERMINE, OF SUCH DATA, WHAT CAN AND
SHOULD BE MADE AVAILABLE FOR INSPECTION BY THE PUBLIC ON  THE  INTERNET.
SUCH  DETERMINATIONS SHALL CONSIDER AND ASSIGN PRIORITY TO DATA THAT CAN
BE USED TO: INCREASE AGENCY ACCOUNTABILITY AND  RESPONSIVENESS;  IMPROVE
PUBLIC  KNOWLEDGE  OF  THE  AGENCY  AND ITS OPERATIONS; FURTHER THE CORE
MISSION OF THE AGENCY; CREATE ECONOMIC OPPORTUNITY; OR RESPOND  TO  NEED
AND DEMAND AS IDENTIFIED THROUGH PUBLIC CONSULTATION.
  (E)  EACH STATE AGENCY, IN CONSULTATION WITH THE OFFICE FOR TECHNOLOGY
AND THE COMMITTEE ON OPEN GOVERNMENT, SHALL SUBMIT AN AGENCY  COMPLIANCE
PLAN  TO  THE  GOVERNOR AND THE LEGISLATURE NO LATER THAN JANUARY THIRD,
TWO THOUSAND FIFTEEN.  SUCH PLAN SHALL DESCRIBE HOW SUCH AGENCY  INTENDS
TO  ACHIEVE  FULL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION BY JULY
SEVENTH, TWO THOUSAND SEVENTEEN, AND SHALL INCLUDE AN ACCOUNTING OF  ALL

A. 955                              3

DATA  UNDER THE CONTROL OF THE AGENCY AND HOW SUCH DATA HAS BEEN CLASSI-
FIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  (F) EACH STATE AGENCY, IN CONSULTATION WITH THE OFFICE FOR TECHNOLOGY,
THE  COMMITTEE ON OPEN GOVERNMENT AND THE STATE ARCHIVIST, SHALL PERIOD-
ICALLY REVIEW DATA PREVIOUSLY DESIGNATED AS EXEMPT TO DETERMINE  WHETHER
THE  PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY-SEVEN OF THIS ARTI-
CLE REMAIN APPLICABLE AND, THEREFORE, WHETHER THE DATA MAY BE DISCLOSED.
  2. (A) EACH STATE AGENCY SHALL MAKE ITS DATA AVAILABLE FOR  INSPECTION
BY THE PUBLIC ON THE INTERNET THROUGH THE SINGLE CENTRALIZED WEB PORTAL,
ESTABLISHED  PURSUANT TO SUBDIVISION FIVE-A OF SECTION ONE HUNDRED THREE
OF THE STATE TECHNOLOGY LAW, PURSUANT TO THE  TIMETABLE  ESTABLISHED  BY
THE AGENCY IN ITS AGENCY COMPLIANCE PLAN.
  (B) ALL DATA SHALL BE AVAILABLE ON A PERMANENT BASIS, IN MACHINE-READ-
ABLE  AND UNPROCESSED ELECTRONIC FORMAT AND IN ITS COMPLETE FORM, EXCEPT
FOR DATA OR PORTIONS OF DATA CLASSIFIED AS EXEMPT OR LEGACY PURSUANT  TO
SUBDIVISION THREE OF THIS SECTION.
  (C) ALL DATA SHALL BE AVAILABLE TO THE PUBLIC WITHOUT ANY REGISTRATION
REQUIREMENT,  LICENSE  REQUIREMENT,  FEES,  OR  RESTRICTIONS  ON ITS USE
UNLESS OTHERWISE PROVIDED BY LAW.
  3. STATE AGENCY DATA ACQUIRED OR CREATED BY AN AGENCY ON OR AFTER  THE
EFFECTIVE DATE OF THIS SECTION SHALL BE CLASSIFIED AS FOLLOWS:
  (A)  IMMEDIATE:  ANY  DATA  THAT CAN BE MADE AVAILABLE ON THE INTERNET
PURSUANT TO THE PROVISIONS OF SECTION EIGHTY-SEVEN OF THIS ARTICLE WITH-
IN THIRTY DAYS OF THE AGENCY ACQUIRING OR CREATING SUCH  DATA  SHALL  BE
CLASSIFIED  AS  IMMEDIATE. AGENCIES SHOULD MAKE BEST EFFORTS TO CLASSIFY
AS MUCH DATA AS IMMEDIATE AS IS POSSIBLE. ANY DATA ACQUIRED  OR  CREATED
AFTER JANUARY THIRD, TWO THOUSAND FOURTEEN, SHALL BE CLASSIFIED AS IMME-
DIATE, AND SHALL BE MADE AVAILABLE PURSUANT TO THE PROVISIONS OF SECTION
EIGHTY-SEVEN OF THIS ARTICLE IN AS CLOSE TO REAL-TIME AS POSSIBLE;
  (B)  LEGACY:  ANY  DATA THAT, DUE TO ITS SIZE OR COMPLEXITY, OR DUE TO
TECHNOLOGY CONSTRAINTS, CANNOT BE MADE AVAILABLE ON THE INTERNET.  AGEN-
CIES SHALL MAKE BEST EFFORTS TO AVOID PLACING DATA INTO THE LEGACY CLAS-
SIFICATION;
  (C) PRIORITY: ANY DATA THAT IS NOT CLASSIFIED AS IMMEDIATE, LEGACY  OR
EXEMPT SHALL BE CLASSIFIED AS PRIORITY; OR
  (D)  EXEMPT:  ANY  DATA OR PORTION OF DATA WHICH IS NOT REQUIRED TO BE
DISCLOSED PURSUANT TO THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  SECTION
EIGHTY-SEVEN OF THIS ARTICLE SHALL BE CLASSIFIED AS EXEMPT.
  4. STATE AGENCY DATA SHALL BE MADE AVAILABLE ON THE INTERNET ACCORDING
TO THE FOLLOWING SCHEDULE:
  (A) DATA CLASSIFIED AS IMMEDIATE SHALL BE AVAILABLE NO LATER THAN JULY
FOURTH, TWO THOUSAND SEVENTEEN;
  (B)  DATA CLASSIFIED AS PRIORITY SHALL BE AVAILABLE NO LATER THAN JULY
SECOND, TWO THOUSAND EIGHTEEN;
  (C) DATA CLASSIFIED AS LEGACY SHALL BE EXEMPT FROM THE  PROVISIONS  OF
THIS SECTION;
  (D)  DATA OR PORTIONS OF DATA SPECIFIED AS EXEMPT SHALL BE EXEMPT FROM
THE PROVISIONS OF THIS SECTION.
  5. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION  ONE
OF  SECTION  EIGHTY-SEVEN  OF  THIS  ARTICLE, NO FEES MAY BE CHARGED FOR
PHYSICAL COPIES OF DATA:
  (A) WHICH IS CLASSIFIED AS IMMEDIATE ACCORDING TO  THE  PROVISIONS  OF
THIS  SECTION  AND WHICH IS NOT AVAILABLE PURSUANT TO PROVISIONS OF THIS
SECTION ON OR AFTER JULY FOURTH, TWO THOUSAND SEVENTEEN; OR

A. 955                              4

  (B) WHICH IS CLASSIFIED AS PRIORITY ACCORDING  TO  THE  PROVISIONS  OF
THIS  SECTION  AND WHICH IS NOT AVAILABLE PURSUANT TO PROVISIONS OF THIS
SECTION ON OR AFTER JULY SECOND, TWO THOUSAND EIGHTEEN.
  S 5. Section 101 of the state technology law is amended by adding four
new subdivisions 6, 7, 8 and 9 to read as follows:
  6. "CONSENSUS" MEANS GENERAL AGREEMENT, BUT NOT NECESSARILY UNANIMITY,
AND  INCLUDES  A  PROCESS FOR ATTEMPTING TO RESOLVE OBJECTIONS BY INTER-
ESTED PARTIES, AS LONG AS ALL COMMENTS HAVE BEEN FAIRLY CONSIDERED.
  7. "TECHNICAL STANDARD" MEANS (A)  THE  COMMON  AND  REPEATED  USE  OF
RULES, CONDITIONS, GUIDELINES OR CHARACTERISTICS FOR PRODUCTS OR RELATED
PROCESSES  AND  PRODUCTION METHODS, AND RELATED MANAGEMENT SYSTEMS PRAC-
TICES AND (B) THE DEFINITION OF  TERMS;  CLASSIFICATION  OF  COMPONENTS,
DELINEATION  OF  PROCEDURES;  SPECIFICATIONS  OF  DIMENSIONS, MATERIALS,
PERFORMANCE, DESIGNS OR OPERATIONS; MEASUREMENT OF QUALITY AND  QUANTITY
IN DESCRIBING MATERIALS, PROCESSES, PRODUCTS, SYSTEMS, SERVICES OR PRAC-
TICES;  TEST METHODS AND SAMPLING PROCEDURES; OR DESCRIPTIONS OF FIT AND
MEASUREMENTS OF SIZE OR STRENGTH.
  8.  "VOLUNTARY  CONSENSUS  STANDARDS"  MEANS  STANDARDS  DEVELOPED  OR
ADOPTED  BY  VOLUNTARY  CONSENSUS  STANDARDS  BODIES,  BOTH DOMESTIC AND
INTERNATIONAL. THESE STANDARDS INCLUDE PROVISIONS REQUIRING THAT  OWNERS
OF  RELEVANT INTELLECTUAL PROPERTY AGREE TO MAKE SUCH INTELLECTUAL PROP-
ERTY AVAILABLE  ON  A  NON-DISCRIMINATORY,  ROYALTY-FREE  OR  REASONABLE
ROYALTY BASIS TO ALL INTERESTED PARTIES.
  9.  "VOLUNTARY  CONSENSUS STANDARDS BODIES" MEANS DOMESTIC OR INTERNA-
TIONAL ORGANIZATIONS  WHICH  PLAN,  DEVELOP,  ESTABLISH,  OR  COORDINATE
VOLUNTARY CONSENSUS STANDARDS USING AGREED-UPON PROCEDURES.
  S  6. Section 103 of the state technology law is amended by adding two
new subdivisions 5-a and 12-c to read as follows:
  5-A. TO ESTABLISH, OVERSEE,  MANAGE,  COORDINATE  AND  FACILITATE  THE
PLANNING,  DESIGN  AND IMPLEMENTATION OF A SINGLE CENTRALIZED WEB PORTAL
FOR USE BY STATE AGENCIES IN MAKING DATA  AVAILABLE  TO  THE  PUBLIC  AS
PROVIDED IN SECTION EIGHTY-SEVEN-A OF THE PUBLIC OFFICERS LAW;
  12-C.  IN  CONSULTATION  WITH  THE  COMMITTEE  ON  OPEN GOVERNMENT, TO
PREPARE AND PUBLISH A TECHNICAL STANDARDS MANUAL FOR THE  PUBLISHING  OF
DATA ON THE INTERNET BY STATE AGENCIES AS PROVIDED IN ARTICLE SIX OF THE
PUBLIC  OFFICERS LAW NO LATER THAN JANUARY THIRD, TWO THOUSAND FOURTEEN,
AND SHALL BASE SUCH MANUAL ON TECHNICAL STANDARDS FOR WEB PUBLISHING AND
E-GOVERNMENT THAT HAVE BEEN DEVELOPED OR ADOPTED BY VOLUNTARY  CONSENSUS
STANDARDS  BODIES.  SUCH  MANUAL  SHALL  BE  UPDATED  BY  THE OFFICE, IN
CONJUNCTION WITH THE COMMITTEE ON OPEN  GOVERNMENT,  AS  NECESSARY.  THE
OFFICE  SHALL  CONSULT  WITH  VOLUNTARY  CONSENSUS  STANDARDS BODIES AND
SHALL, WHEN SUCH PARTICIPATION IS FEASIBLE, IN THE PUBLIC  INTEREST  AND
IS COMPATIBLE WITH AGENCY AND DEPARTMENTAL MISSIONS, AUTHORITIES, PRIOR-
ITIES,  AND BUDGET RESOURCES, PARTICIPATE WITH SUCH BODIES IN THE DEVEL-
OPMENT OF TECHNICAL STANDARDS.  THE OFFICE SHALL  PROMULGATE  AND  ADOPT
ALL  NECESSARY  RULES  AND  REGULATIONS  TO  ENSURE  THAT STATE AGENCIES
PUBLISH THEIR DATA ON THE INTERNET IN  ACCORDANCE  WITH  SUCH  TECHNICAL
STANDARDS MANUAL;
  S  7. To the extent possible, implementation of the provisions of this
act shall be accomplished utilizing existing resources and employees  of
the state and its agencies.
  S 8. This act shall take effect immediately.