S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    841
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS,  LUPARDO,  MOSLEY  -- 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.
                                                            LBD01553-01-9
              

 A. 841                              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.