Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information.

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S88A-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Jun 5, 2012: ADVANCED TO THIRD READING
• Jun 4, 2012: 2ND REPORT CAL.
• May 31, 2012: 1ST REPORT CAL.972
• May 22, 2012: PRINT NUMBER 88A
• May 22, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S88A-2011 Meetings

Investigations and Government Operations: May 31, 2012

S88A-2011 Calendars

Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S88A-2011 Votes

S88A-2011 Memo

BILL NUMBER:S88A

TITLE OF BILL:
An act in relation to authorizing and directing the committee on open
government to study proactive disclosure as a means of increasing trans-
parency and access to government information

PURPOSE:
To authorize the State Committee on Open Government to conduct a feasi-
bility study on requiring state and municipal agencies to proactively
disclose documents that are available under Article 6 of the public
officers law.

SUMMARY OF PROVISIONS:
Section 1 sets forth the legislative findings and intent. section 2
authorizes the New York State Committee on Open Government to study and
report on the following:

* The feasibility of requiring agencies as defined in subdivision 3 of
section 86 of the public officer's law to proactively disclose documents
available under Article 6 of the public officer's law.

* Specific findings and legislative recommendations relating to mandato-
ry proactive disclosure by agencies.

* Estimated costs or savings of proactive disclosure.

Requires a report to the Governor, Temporary president of the Senate and
Speaker of the Assembly no later than January 31, 2014.

EXISTING LAW:
Article 6 of the Public Officers law set forth the Freedom of Informa-
tion Law.

JUSTIFICATION:
As information technology throughout the world continues to develop by
leaps and bounds, the availability and ease of retrieval of information
of information of all types has become more and more effortless.

The goal of the original Freedom of Information Law (FOIL) was to
promote the public good by disclosing information as widely as possible
and without impediment, but it has its limitations because of the burden
that it places on the public to make requests for information. While
some state and local records are already available electronically, this
information has been made public in a haphazard and uncoordinated fash-
ion.

The Legislature, through this bill, has the opportunity to study the
feasibility of requiring agencies to pro actively disclose information
in a responsible, comprehensive, coordinated, cost effective fashion. It
requires the Committee on open Government to develop a plan for mandato-

ry proactive disclosure which will allow for the utilization of the new
technology to allow a secure conduit for the public to access vital
public information and documents that are available under the public
officers law.

LEGISLATIVE HISTORY:
2009-2010: S.3530A/A.7399A (Passed Senate 2009)

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S88A-2011 Text

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

                                    88--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Investigations and Govern-
    ment Operations -- recommitted to the Committee on Investigations  and
    Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
    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, 2014.
    S 3. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00917-02-2