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STATE OF NEW YORK
________________________________________________________________________

2251

2011-2012 Regular Sessions

IN ASSEMBLY

January 14, 2011
___________

Introduced  by  M.  of  A.  BRENNAN,  MILLMAN,  LUPARDO, BARRON, COOK --
  Multi-Sponsored by -- M. of A.  BOYLAND,  GABRYSZAK,  MAGEE,  McENENY,
  MENG,  PHEFFER,  TOWNS,  WEISENBERG  --  read once and referred to the
  Committee on Governmental Operations

AN ACT in relation to authorizing and directing the  committee  on  open
  government  to  study  proactive  disclosure  as a means of increasing
  transparency and access to government information

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

  Section  1.  Legislative  findings.  The  legislature  finds  that the
current freedom of information law, enacted in 1977,  has  served  as  a
critical  vehicle under which the public has gained access to records of
state and local governmental entities.  The  legislature  further  finds
that  the freedom of information law places the burden on the individual
to request information from an agency,  but  that  the  use  of  current
information  technology, combined with a commitment to proactive disclo-
sure, has the potential to provide information to the public to an  even
greater degree than does the current law.
  S 2. The New York state committee on open government is hereby author-
ized  and  directed to: (a) study the feasibility of requiring agencies,
as defined in subdivision 3 of section 86 of the public officers law, to
proactively disclose documents that are available under article 6 of the
public officers law; (b) make specific findings and  legislative  recom-
mendations  relating  to mandatory proactive disclosure by agencies; (c)
estimate the costs or savings of proactive disclosure;  and  (d)  report
its  findings to the governor, the temporary president of the senate and
the speaker of the assembly no later than January 31, 2013.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00917-01-1