S T A T E   O F   N E W   Y O R K
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                                  2064

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M. of A. ZEBROWSKI, LUPARDO -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the public officers law, in relation to the availability
  of subject matter lists of records in the possession of a state agency

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

  Section  1. Paragraph (c) of subdivision 3 of section 87 of the public
officers law, as amended by chapter 499 of the laws of 2008, is  amended
to read as follows:
  (c)  a  reasonably  detailed  current  list  by  subject matter of all
records in the possession of the agency, whether or not available  under
this article. Each agency shall update its subject matter list annually,
and  the date of the most recent update shall be conspicuously indicated
on the list. Each state agency as defined in subdivision  four  of  this
section  SHALL  PROVIDE  A  COPY OF ITS CURRENT LIST WITHOUT CHARGE TO A
PERSON WHO REQUESTS IT, AND SHALL TRANSMIT A COPY OF ITS CURRENT LIST TO
THE COMMITTEE ON OPEN GOVERNMENT WITHIN THIRTY  DAYS  OF  UPDATING  SUCH
LIST.  EACH  SUCH  STATE  AGENCY that maintains a website shall post its
current list on its website [and such posting shall  be  linked  to  the
website  of  the committee on open government. Any such agency that does
not maintain a website shall arrange to have  its  list  posted  on  the
website  of  the  committee on open government]. IN ITS ANNUAL REPORT TO
THE GOVERNOR AND THE LEGISLATURE, THE COMMITTEE ON OPEN GOVERNMENT SHALL
IDENTIFY ANY STATE AGENCY THAT HAS NOT TRANSMITTED  AN  UPDATED  SUBJECT
MATTER LIST AS REQUIRED BY THIS PARAGRAPH.
  S  2.  Notwithstanding  the provisions of section one of this act, the
department  of  corrections  and  community  supervision  shall  not  be
required  to  make  copies of its current list of all records by subject
matter available to inmates without charge provided  that  one  or  more
copies of such list is available to inmates without charge provided that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02583-01-5

              

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one  or  more  copies of such list is available to inmates for review at
every correctional facility inmate law library.
  S 3. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the committee on open government shall not be required to  identify
any state agency that has not transmitted an updated subject matter list
in its first annual report subsequent to such date.