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.
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 for technology 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 definitions 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 establishing an internet record policy for the state of New York no later than January 3, 2013;
-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 no later than January 3, 2014;
-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: Act to take effect immediately.
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 fundamentally altered our underlying assumptions as to what it means for information to be available. In the new context, the failure to make information available on the internet constitutes a significant and unnecessary obstacle to public access.
The Obama administration has led the way in opening government data to the public, using sites such as www.data.gov and www.recovery.gov to improve transparency and allow taxpayers to see how their money is being used. At the same time, open government data advocates have established a set of simple principles to describe government data that is truly open. According to these principles, open data is data that is:
1. complete: All public data is made available. public data is data that is not subject to valid privacy, security or privilege limitations.
2. primary: Data is as collected at the source, with the highest possible level of granularity, not in aggregate or modified forms.
3. Timely: Data is made available as quickly as necessary to preserve the value of the data.
4. Accessible: Data is available to the widest range of users for the widest range of purposes.
5. Machine processable: Data is reasonably structured to allow automated processing.
6. Non-discriminatory: Data is available to anyone, with no requirement of registration.
7. Non-proprietary: Data is available in a format over which no entity has exclusive control.
8. License-free: Data is not subject to any copyright, patent, trademark or trade secret regulation. Reasonable privacy, security and privilege restrictions may be allowed. OpenGovDat,a.org; "8 Principles of Open Government Data;" http://resource.orWB principles.html; accessed 2/18/10
Open government data also promises to unleash entrepreneurial ism and civic creativity, by allowing anyone to turn machine-processable, freely-available data into an application that can be used-on a laptop, desktop, or mobile device-to make government data work for citizens in every day life. Already, developers using various government data sets have created applications allowing users to compare cancer or unemployment rates in different locations (www.thisweknow.org). to map out the safest routes horne 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.conm), 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 information 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 W3C eGovernment 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 according to the eight principles of open government data.
Open data promises a new relationship between citizens and government but one that is grounded in the root principles of American democracy.
PRIOR LEGISLATIVE HISTORY: S.7764 of 2010 S.3845A of 2012
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1022 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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 for technology 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". S 2. Section 86 of the public officers law is amended by adding four new subdivisions 6, 7, 8 and 9 to read as follows: 6. "CONSENSUS" MEANS GENERAL AGREEMENT, BUT NOT NECESSARILY UNANIMITY, AND INCLUDES A PROCESS FOR ATTEMPTING TO RESOLVE OBJECTIONS BY INTER- ESTED PARTIES, AS LONG AS ALL COMMENTS HAVE BEEN FAIRLY CONSIDERED. 7. "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. 8. "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. LBD00567-01-3 S. 1022 2
ERTY AVAILABLE ON A NON-DISCRIMINATORY, ROYALTY-FREE OR REASONABLE ROYALTY BASIS TO ALL INTERESTED PARTIES. 9. "VOLUNTARY CONSENSUS STANDARDS BODIES" MEANS DOMESTIC OR INTERNA- TIONAL ORGANIZATIONS WHICH PLAN, DEVELOP, ESTABLISH, OR COORDINATE VOLUNTARY CONSENSUS STANDARDS USING AGREED-UPON PROCEDURES. S 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. S 4. The public officers law is amended by adding a new section 87-a to read as follows: S 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 THIRTEEN, 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 FOR TECHNOLOGY 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 FOR TECHNOLOGY 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 SUBDIVISION THREE OF THIS SECTION. (D) EACH STATE AGENCY, IN CONSULTATION WITH THE OFFICE FOR TECHNOLOGY 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 FOURTEEN. SUCH PLAN SHALL DESCRIBE HOW SUCH AGENCY INTENDS TO ACHIEVE FULL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION BY JULY SEVENTH, TWO THOUSAND SEVENTEEN, 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. 3. STATE AGENCY RECORDS SHALL BE CLASSIFIED AS FOLLOWS:S. 1022 3
(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 FOURTEEN, 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 IMMEDI- ATE AS IS POSSIBLE. ANY RECORD ACQUIRED OR CREATED AFTER JANUARY THIRD, TWO THOUSAND SIXTEEN, SHALL BE CLASSIFIED AS IMMEDIATE, AND SHALL BE MADE AVAILABLE PURSUANT TO THE PROVISIONS OF SECTION EIGHTY-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 SEVENTEEN, SHALL BE CLASSIFIED AS LEGACY. AGENCIES SHALL MAKE BEST EFFORTS TO AVOID PLACING RECORDS INTO THE LEGACY CLASSI- FICATION; (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 FOURTEEN; (B) RECORDS CLASSIFIED AS PRIORITY SHALL BE AVAILABLE NO LATER THAN JULY SECOND, TWO THOUSAND FIFTEEN; (C) RECORDS CLASSIFIED AS LEGACY SHALL BE AVAILABLE NO LATER THAN JULY SEVENTH, TWO THOUSAND SEVENTEEN; (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 FOURTEEN; (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 FIFTEEN; 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 SEVENTEEN. S 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 FOUR- TEEN, AND SHALL BASE SUCH MANUAL ON TECHNICAL STANDARDS FOR WEB PUBLISH- ING AND E-GOVERNMENT THAT HAVE BEEN DEVELOPED OR ADOPTED BY VOLUNTARYS. 1022 4
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, PRIOR- ITIES, AND BUDGET RESOURCES, PARTICIPATE WITH SUCH BODIES IN THE DEVEL- OPMENT 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; S 6. This act shall take effect immediately.