S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5778
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced by M. of A. SIMOTAS, 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.
   § 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 and  provided
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04441-01-7
              

 A. 5778                             2
 
 that  one or more copies of such list is available to inmates for review
 at every correctional facility inmate law library.
   § 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.