NY State Senate Bill 2023-S802

Senate Bill S802

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Jan 06, 2023	referred to investigations and government operations

2023-S802 (ACTIVE) - 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 Other Legislative Sessions:: 2009-2010: S7764
2011-2012: S3845
2013-2014: S1022
2015-2016: S950
2017-2018: S3507
2019-2020: S2432
2021-2022: S1402

2023-S802 (ACTIVE) - Summary

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.

2023-S802 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S802

SPONSOR: SERRANO
 
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 of information
technology services 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 defi-
nitions 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 estab-
lishing an internet record policy for the state of New York;

-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;

-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: Establishes the Effective Date.

 
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 fundamen-
tally altered our underlying assumptions as to what it means for infor-
mation to be available. In the new context, the failure to make informa-
tion available on the internet constitutes a significant and unnecessary
obstacle to public access.

Open government data also promises to unleash entrepreneurialism and
civic creativity, by allowing anyone to turn machine-processable, free-
ly-available data into an application that can be used on a laptop,
desktop, or mobile device to make government data work for citizens in
everyday life. Already, developers using various government data sets
have created applications allowing users to compare cancer or unemploy-
ment rates in different locations (www.thisweknow.org) to map out the
safest routes home 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.com),
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 informa-
tion 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 W30 Government
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 accord-
ing to the eight principles of open government data.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S.1402 - Referred to Investigations and Government

2019-2020: S.2432A - Referred to Investigations and Government

2017-2018: S.3507 - Referred to Investigations and Government

2015-2016: S.950- Referred. to Investigations and Government

2013-2014: S.1022- Referred to Investigations and Government

2011-2012: S.3845A- Amended & Recommitted to Investigations & Government
2009-2010: S.7764- Referred to Investigations & Government

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S802 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    802
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 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 of information
   technology services 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".
   §  2.  Section 86 of the public officers law is amended by adding four
 new subdivisions 12, 13, 14 and 15 to read as follows:
   12. "CONSENSUS" MEANS GENERAL AGREEMENT, BUT NOT NECESSARILY  UNANIMI-
 TY,  AND  INCLUDES  A  PROCESS  FOR  ATTEMPTING TO RESOLVE OBJECTIONS BY
 INTERESTED PARTIES, AS LONG AS ALL COMMENTS HAVE BEEN FAIRLY CONSIDERED.
   13. "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.
   14. "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.
                                                            LBD02803-01-3
 S. 802                              2

 
 ERTY AVAILABLE  ON  A  NON-DISCRIMINATORY,  ROYALTY-FREE  OR  REASONABLE
 ROYALTY BASIS TO ALL INTERESTED PARTIES.
   15.  "VOLUNTARY CONSENSUS STANDARDS BODIES" MEANS DOMESTIC OR INTERNA-
 TIONAL ORGANIZATIONS  WHICH  PLAN,  DEVELOP,  ESTABLISH,  OR  COORDINATE
 VOLUNTARY CONSENSUS STANDARDS USING AGREED-UPON PROCEDURES.
   §  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.
   §  4.  The public officers law is amended by adding a new section 87-a
 to read as follows:
   § 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
 TWENTY-FOUR, 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 OF
 INFORMATION TECHNOLOGY SERVICES 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 OF  INFORMATION
 TECHNOLOGY  SERVICES  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 SUBDIVI-
 SION THREE OF THIS SECTION.
   (D)  EACH STATE AGENCY, IN CONSULTATION WITH THE OFFICE OF INFORMATION
 TECHNOLOGY SERVICES 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 TWENTY-FIVE. SUCH PLAN  SHALL  DESCRIBE
 HOW  SUCH  AGENCY INTENDS TO ACHIEVE FULL COMPLIANCE WITH THE PROVISIONS
 OF THIS SECTION BY JULY SEVENTH, TWO THOUSAND  TWENTY-EIGHT,  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.
 S. 802                              3
 
   3. STATE AGENCY RECORDS SHALL BE CLASSIFIED AS FOLLOWS:
   (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  TWENTY-
 FIVE,  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  IMMEDIATE AS IS POSSIBLE. ANY RECORD ACQUIRED OR CREATED AFTER JANU-
 ARY THIRD, TWO THOUSAND TWENTY-SEVEN, SHALL BE CLASSIFIED AS  IMMEDIATE,
 AND SHALL BE MADE AVAILABLE PURSUANT TO THE PROVISIONS OF SECTION EIGHT-
 Y-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 TWENTY-EIGHT, SHALL BE CLASSIFIED AS LEGACY. AGEN-
 CIES SHALL MAKE BEST EFFORTS TO AVOID PLACING RECORDS  INTO  THE  LEGACY
 CLASSIFICATION;
   (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 TWENTY-FIVE;
   (B)  RECORDS  CLASSIFIED  AS PRIORITY SHALL BE AVAILABLE NO LATER THAN
 JULY SECOND, TWO THOUSAND TWENTY-SIX;
   (C) RECORDS CLASSIFIED AS LEGACY SHALL BE AVAILABLE NO LATER THAN JULY
 SEVENTH, TWO THOUSAND TWENTY-SEVEN;
   (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 TWENTY-FIVE;
   (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 TWENTY-SIX; 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 TWENTY-SEVEN.
   §  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  TWEN-
 TY-FIVE,  AND  SHALL  BASE  SUCH  MANUAL  ON TECHNICAL STANDARDS FOR WEB
 S. 802                              4

 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, PRIORITIES, AND BUDGET  RESOURCES,  PARTICIPATE  WITH  SUCH
 BODIES  IN  THE  DEVELOPMENT  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;
   § 6. This act shall take effect immediately.

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