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

                                 4364--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of A. BRENNAN, MILLMAN, LUPARDO, COOK -- Multi-Spon-
  sored by -- M. of A. MAGEE, WEISENBERG -- read once  and  referred  to
  the Committee on Governmental Operations -- recommitted to the Commit-
  tee  on  Governmental  Operations  in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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, 2017.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00161-03-4