S4706-2011 Actions

• Mar 13, 2012: referred to governmental operations
• Mar 13, 2012: DELIVERED TO ASSEMBLY
• Mar 13, 2012: PASSED SENATE
• Mar 7, 2012: ADVANCED TO THIRD READING
• Mar 6, 2012: 2ND REPORT CAL.
• Mar 5, 2012: 1ST REPORT CAL.275
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Apr 14, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4706-2011 Meetings

S4706-2011 Calendars

S4706-2011 Votes

S4706-2011 Memo

BILL NUMBER:S4706

TITLE OF BILL:

An act
to amend the public officers law, in relation to providing guidance to
agencies on the development and maintenance of subject matter lists

PURPOSE OR GENERAL IDEA OF BILL:

This bill will improve state agency preparation of subject matter
lists of records maintained under the Freedom of Information Law, by
authorizing the dissemination of general guidance by the Committee on
Open Government.

SUMMARY OF PROVISIONS:

Section one of the bill adds a new subparagraph (vi) to �89(1) (b) of
the Public Officers Law to authorize the Committee on Open Government
(COG) to provide guidance to agencies on the development and
maintenance of subject matter lists under the Freedom of Information
Law (FOIL). Among the forms this guidance may take are the
dissemination of model lists in print or electronic format and the
recognition of best practices and, in consultation with the State
Archives and Records Administration, information on how records
retention schedules and agency records management activities can be
used to facilitate the development and maintenance of such lists.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Although state agencies are currently required to maintain reasonably
detailed, current subject matter lists, a recent review of their
efforts has shown that many lists are seriously outdated and/or
lacking in substantial detail. This bill would help to rectify such
lapses.

JUSTIFICATION:

Article 6 of the Public Officers law, better known as the "Freedom of
Information law" (FOIL), is intended to make it easier to locate and
obtain state agency records that are of interest to the public. Among
other things, FOIL requires each state agency to maintain a
"reasonably detailed current list by subject matter of all records in
the possession of the agency." However, a recent Legislative study
found that many agency lists were seriously outdated -- in some cases
by 10
years or more - and many lists contained little detail or omitted
significant categories of agency records. The report included several
recommendations to improve agency compliance with FOIL's standards
for subject matter lists. One was for COG to facilitate the
preparation of high-quality lists by providing guidance to agencies,
including such tools as model lists and the recognition of agency
best practices. As discussed in the report, the records management
activities of the State Archives & Records Administration (SARA) can
also be a source of assistance for agencies. For example, the
categories employed in the general records retention schedule


developed by SARA could be carried over to form part of an agency's
subject matter list. The bill provides for collaboration by COG and
SARA in creating such guidance.

PRIOR LEGISLATIVE HISTORY:

2005-06: A.10347: Passed Assembly/S.7806: Senate Investigations &
         Govt. Operations Cmte.
2007-08: A.3403: Passed Assembly
2009-10: S.3803: Investigations & Government Operations

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

120th day after it becoming law; provided that COG is immediately
authorized and directed to promulgate any rules and regulations and
take any other actions necessary for implementation of this act on
such date.

S4706-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4706
 2011-2012 Regular Sessions
 I N  SENATE
 April 14, 2011
 
 Introduced  by Sen. FLANAGAN -- 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 providing  guid
 ance  to agencies on the development and maintenance of subject matter
 lists
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Paragraph (b) of subdivision 1 of section 89 of the public
 officers law, as amended by chapter 182 of the laws of 2006, is  amended
 to read as follows:

 (b) The committee shall:

 i. furnish to any agency advisory guidelines, opinions or other appro
 priate information regarding this article;
 ii.  furnish  to  any  person  advisory  opinions or other appropriate
 information regarding this article;
 iii. promulgate rules and regulations with respect to the  implementa
 tion  of  subdivision  one  and  paragraph  (c)  of subdivision three of
 section eighty-seven of this article;
 iv. request from any agency such assistance, services and  information
 as  will  enable  the  committee to effectively carry out its powers and
 duties;
 v. develop a form, which shall be made available on the internet, that
 may be used by the public to request a record; [and]
 vi. PROVIDE GUIDANCE TO AGENCIES ON THE DEVELOPMENT AND MAINTENANCE OF
 REASONABLY DETAILED CURRENT LISTS BY SUBJECT MATTER OF  ALL  RECORDS  IN
 THE  POSSESSION OF SUCH AGENCIES, WHICH MAY INCLUDE THE DISSEMINATION OF
 MODEL LISTS IN PRINT OR ELECTRONIC FORMAT AND THE  RECOGNITION  OF  BEST
 PRACTICES  BY  AGENCIES AND, IN CONSULTATION WITH THE STATE ARCHIVES AND
 RECORDS ADMINISTRATION, DEVELOP AND  PROVIDE  GUIDANCE  ON  THE  USE  OF
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10892-01-1
 
       S. 4706                             2
 RECORDS  RETENTION SCHEDULES AND AGENCY RECORDS MANAGEMENT ACTIVITIES TO
 FACILITATE THE DEVELOPMENT AND MAINTENANCE OF SUCH LISTS; AND
 VII.  report on its activities and findings regarding this article and
 article seven of this chapter, including recommendations for changes  in
 the  law,  to  the  governor  and the legislature annually, on or before
 December fifteenth.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however,  that  the  committee  on
 open  government shall be immediately authorized and directed to promul
 gate any rules and regulations and take any other actions necessary  for
 implementation of this act on such effective date.

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