NY State Senate Bill 2017-S7097

Senate Bill S7097

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations

2017-S7097 (ACTIVE) - Details

See Assembly Version of this Bill:: A11324
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3530
2011-2012: S88
2013-2014: S236
2015-2016: S188
2019-2020: S2344, A5747
2021-2022: S3120, A484
2023-2024: S623, A1436

2017-S7097 (ACTIVE) - Summary

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

2017-S7097 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7097

SPONSOR: KAVANAGH
 
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 transparency 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 mandatory
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, 2020.

 
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:

2016: S188A - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2015: S188 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2013-2014: S236A/A4364A - REFERRED TO IGOV
2011-2012: S88A/A2251A - ADVANCED TO THIRD READING
2009-2010: S.3530A/A.7399A - PASSED SENATE

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2017-S7097 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7097
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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.
   § 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, 2020.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00813-01-7

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