senate Bill S1022

2013-2014 Legislative Session

Requires public disclosure of certain state agency materials, and authorizes the office for technology to publish a technical standards manual for the publishing of records

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Archive: Last Bill Status - In Committee


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

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Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

S1022 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§86 & 87, add §87-a, Pub Off L; amd §103, St Tech L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3845A
2009-2010: S7764

S1022 - Bill Texts

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Requires public disclosure of certain state agency materials, and authorizes the office for technology to publish a technical standards manual for the publishing of records on the Internet by state agencies.

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BILL NUMBER:S1022

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill requires state agencies to make all public records, with
certain exceptions, available on a single interact web portal,
without any fees or license or registration requirements.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: provides that this act shall be known as the "Open
New York Act."

Section 2, Amends section 86 of the public officers law to add
definitions for the following terms, "consensus," "technical
standard," "voluntary consensus standards," "voluntary consensus
standards bodies."

Section 3: Requires that all records available pursuant to the
provisions of section 87 of the public officers law shall be
available in electronic form in accordance with the provisions of
section 87-a of this article.

Section 4: Amends the public officers law by adding a new section 87-a:

-Requires the committee on open government to promulgate rules
establishing an internet record policy for the state of New York no
later than January 3, 2013;

-Requires the committee on open government to consult with the office
of technology regarding preparation, publishing, and periodic
updating of a technical standards manual for publishing records on
the internet;

-Requires each state agency to review the records under its control
and classify them as immediate, priority, legacy or exempt;

-Requires each state agency to submit an agency compliance plan to the
governor and legislature no later than January 3, 2014;

-Requires each state agency to make its records available for
inspection by the public through the internet on a single web
portal pursuant to
the timetable established in the agency's compliance plan;

-Provides that all records shall be available on a permanent basis, in
machine-readable and unprocessed electronic format, and in their
complete form, except for those records classified as exempt;


-Provides that all records shall be available to the public without
any registration requirement, license requirement, fees, or
restrictions on their use unless otherwise provided by law;

-Provides that state agency records shall be classified as
"immediate," "legacy," "priority," or "exempt";

-Establishes a timetable by which records will be made available on
the internet, according to category;

-Provides that no fees may be charged for physical copies of records
not made available on the internet as required by the timetable.

Section 5: Amends Section 103 of the state technology law to authorize
the office for technology to publish a technical standards manual for
the publishing of records on the internet by state agencies.
Authorizes the office for technology to adopt such rules and
regulations as necessary. Provides that the office will create and
oversee the central web portal.

Section 6: Act to take effect immediately.

JUSTIFICATION:
New York's Freedom of Information Law establishes "that government is
the public's business and that the public...should have access to
the records of government." The right of access to public records
derives from the most basic tenets of American democracy; it is an
essential element of government of, by, and for the people. In the
internet age, this right can and must include the right to access
information online.

To be meaningful, public access to records must be unencumbered by any
unnecessary obstacles. In the information age, government and
citizens can benefit from, and indeed have come to expect, the free
flow of information via the interact. The capacity of the internet to
make a vast array of data accessible to the public in real time has
fundamentally altered our underlying assumptions as to what it means
for information to be available. In the new context, the failure to
make information available on the internet constitutes a significant
and unnecessary obstacle to public access.

The Obama administration has led the way in opening government data to
the public, using sites such as www.data.gov and www.recovery.gov
to improve transparency and allow taxpayers to see how their money is
being used. At the same time, open government data advocates have
established a set of simple principles to describe government data
that is truly open. According to these principles, open data is data
that is:

1. complete: All public data is made available. public data is data
that is not subject to valid privacy, security or privilege
limitations.

2. primary: Data is as collected at the source, with the highest possi-
ble level of granularity, not in aggregate or modified forms.


3. Timely: Data is made available as quickly as necessary to preserve
the value of the data.

4. Accessible: Data is available to the widest range of users for the
widest range of purposes.

5. Machine processable: Data is reasonably structured to allow
automated processing.

6. Non-discriminatory: Data is available to anyone, with no
requirement of registration.

7. Non-proprietary: Data is available in a format over which no entity
has exclusive control.

8. License-free: Data is not subject to any copyright, patent,
trademark or trade secret regulation. Reasonable privacy, security
and privilege restrictions may be allowed. OpenGovDat,a.org; "8
Principles of Open Government Data;" http://resource.orWB
principles.html; accessed 2/18/10

Open government data also promises to unleash entrepreneurial ism and
civic creativity, by allowing anyone to turn machine-processable,
freely-available data into an application that can be used-on a
laptop, desktop, or mobile device-to make government data work for
citizens in every day life. Already, developers using various
government data sets have created applications allowing users to
compare cancer or unemployment rates in different locations
(www.thisweknow.org). to map out the safest routes horne at night
(www.outsideinde.com/stumblesafely), to subscribe to news feeds
telling them about new building permits or liquor license
applications in their neighborhoods (www.everyblock.conm), to
navigate their local school systems (www.bigappleed.com). or to get
traffic updates, recreation options, restaurant inspection results,
post office locations, fire and medical response times, and more all
in one package (www.nycway.com). Opening up New York state's data to
the public will enable entrepreneurs to create applications using
information about health, crime and safety, transportation, housing,
consumer matters, environmental quality, and much more benefiting New
Yorkers across the state.

Advocates and developers such as those working with the W3C
eGovernment Interest Group have done significant groundwork in
developing open government data directives and best practices,
creating an opportunity for fruitful collaboration between government
and the technology sector and, ultimately between government and
citizens. This legislation begins that partnership by providing, for
the first time, that all New York State data subject to the FOIL be
made available on the internet according to the eight principles of
open government data.

Open data promises a new relationship between citizens and government
but one that is grounded in the root principles of American democracy.

PRIOR LEGISLATIVE HISTORY:
S.7764 of 2010
S.3845A of 2012


FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1022

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SERRANO -- 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 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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00567-01-3

S. 1022                             2

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  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 RECORDS 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 RECORDS POLICY. 1. (A) THE  COMMITTEE  ON  OPEN
GOVERNMENT SHALL PROMULGATE RULES ESTABLISHING AN INTERNET RECORD POLICY
FOR  THE  STATE  OF  NEW  YORK NO LATER THAN JANUARY THIRD, TWO THOUSAND
THIRTEEN, FOR THE PURPOSES OF MAKING AGENCY  RECORDS  AVAILABLE  ON  THE
INTERNET  AND  ENSURING  AGENCY  COMPLIANCE  WITH THE PROVISIONS OF THIS
ARTICLE. SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, GUIDELINES TO
ASSIST AGENCIES IN CLASSIFYING THEIR RECORDS EITHER AS IMMEDIATE, PRIOR-
ITY, 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  RECORDS  ON  THE
INTERNET  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 RECORDS UNDER ITS
CONTROL AND SHALL CLASSIFY THEM 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
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 FOURTEEN. 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
RECORDS  UNDER  THE CONTROL OF THE AGENCY AND HOW SUCH RECORDS HAVE BEEN
CLASSIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  2. (A)  EACH  STATE  AGENCY  SHALL  MAKE  ITS  RECORDS  AVAILABLE  FOR
INSPECTION  BY  THE  PUBLIC  ON THE INTERNET THROUGH A SINGLE WEB PORTAL
PURSUANT TO THE TIMETABLE  ESTABLISHED  BY  THE  AGENCY  IN  ITS  AGENCY
COMPLIANCE PLAN.
  (B)   ALL  RECORDS  SHALL  BE  AVAILABLE  ON  A  PERMANENT  BASIS,  IN
MACHINE-READABLE AND UNPROCESSED ELECTRONIC FORMAT AND IN THEIR COMPLETE
FORM, EXCEPT FOR THOSE RECORDS OR  PORTIONS  OF  RECORDS  CLASSIFIED  AS
EXEMPT PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (C) ALL RECORDS SHALL BE AVAILABLE TO THE PUBLIC WITHOUT ANY REGISTRA-
TION  REQUIREMENT,  LICENSE  REQUIREMENT, FEES, OR RESTRICTIONS ON THEIR
USE UNLESS OTHERWISE PROVIDED BY LAW.
  3. STATE AGENCY RECORDS SHALL BE CLASSIFIED AS FOLLOWS:

S. 1022                             3

  (A) IMMEDIATE: ANY RECORD IN POSSESSION OF AN AGENCY AS OF THE  EFFEC-
TIVE DATE OF THIS SECTION AND ANY RECORD SUCH AGENCY ACQUIRES OR CREATES
AFTER  SUCH EFFECTIVE DATE THROUGH JANUARY THIRD, TWO THOUSAND FOURTEEN,
THAT CAN BE MADE AVAILABLE ON THE INTERNET PURSUANT TO THE PROVISIONS OF
SECTION  EIGHTY-SEVEN  OF  THIS ARTICLE WITHIN THIRTY DAYS OF THE AGENCY
ACQUIRING OR CREATING SUCH RECORD  SHALL  BE  CLASSIFIED  AS  IMMEDIATE.
AGENCIES SHOULD MAKE BEST EFFORTS TO CLASSIFY AS MANY RECORDS AS IMMEDI-
ATE  AS IS POSSIBLE. ANY RECORD ACQUIRED OR CREATED AFTER JANUARY THIRD,
TWO THOUSAND SIXTEEN, SHALL BE CLASSIFIED AS  IMMEDIATE,  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 RECORD THAT, DUE TO ITS SIZE OR COMPLEXITY, OR DUE  TO
TECHNOLOGY  CONSTRAINTS, CANNOT BE MADE AVAILABLE ON THE INTERNET PURSU-
ANT TO THE PROVISIONS OF SECTION EIGHTY-SEVEN OF THIS  ARTICLE  BY  JULY
SEVENTH, TWO THOUSAND SEVENTEEN, SHALL BE CLASSIFIED AS LEGACY. AGENCIES
SHALL MAKE BEST EFFORTS TO AVOID PLACING RECORDS INTO THE LEGACY CLASSI-
FICATION;
  (C)  PRIORITY:  ANY RECORD THAT IS NOT CLASSIFIED AS IMMEDIATE, LEGACY
OR EXEMPT SHALL BE CLASSIFIED AS PRIORITY; OR
  (D) EXEMPT: ANY RECORD OR PORTION OF A RECORD 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  RECORDS  SHALL  BE  MADE  AVAILABLE ON THE INTERNET
ACCORDING TO THE FOLLOWING SCHEDULE:
  (A) RECORDS CLASSIFIED AS IMMEDIATE SHALL BE AVAILABLE NO  LATER  THAN
JULY FOURTH, TWO THOUSAND FOURTEEN;
  (B)  RECORDS  CLASSIFIED  AS PRIORITY SHALL BE AVAILABLE NO LATER THAN
JULY SECOND, TWO THOUSAND FIFTEEN;
  (C) RECORDS CLASSIFIED AS LEGACY SHALL BE AVAILABLE NO LATER THAN JULY
SEVENTH, TWO THOUSAND SEVENTEEN;
  (D) RECORDS OR PORTIONS OF RECORDS 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 RECORDS:
  (A) WHICH ARE CLASSIFIED AS IMMEDIATE ACCORDING TO THE  PROVISIONS  OF
THIS  SECTION AND WHICH ARE NOT AVAILABLE PURSUANT TO PROVISIONS OF THIS
SECTION ON OR AFTER JULY FOURTH, TWO THOUSAND FOURTEEN;
  (B) WHICH ARE CLASSIFIED AS PRIORITY ACCORDING TO  THE  PROVISIONS  OF
THIS  SECTION AND WHICH ARE NOT AVAILABLE PURSUANT TO PROVISIONS OF THIS
SECTION ON OR AFTER JULY SECOND, TWO THOUSAND FIFTEEN; OR
  (C) WHICH ARE CLASSIFIED AS LEGACY ACCORDING TO THE PROVISIONS OF THIS
SECTION AND WHICH ARE NOT  AVAILABLE  PURSUANT  TO  PROVISIONS  OF  THIS
SECTION ON OR AFTER JULY SEVENTH, TWO THOUSAND SEVENTEEN.
  S  5. 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 WEB PORTAL FOR USE BY
STATE AGENCIES IN MAKING RECORDS 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
RECORDS  ON THE INTERNET BY STATE AGENCIES AS PROVIDED IN ARTICLE SIX OF
THE PUBLIC OFFICERS LAW NO LATER THAN JANUARY THIRD, TWO THOUSAND  FOUR-
TEEN, AND SHALL BASE SUCH MANUAL ON TECHNICAL STANDARDS FOR WEB PUBLISH-
ING  AND  E-GOVERNMENT  THAT HAVE BEEN DEVELOPED OR ADOPTED BY VOLUNTARY

S. 1022                             4

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 RECORDS ON THE INTERNET IN ACCORDANCE WITH SUCH TECHNICAL
STANDARDS MANUAL;
  S 6. This act shall take effect immediately.

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