BILL NUMBER: S2344

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act 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, 2021.

 
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 proactively 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.

 
FISCAL IMPACT ON THE STATE:

None.

 
LEGISLATIVE HISTORY:

2018: S7097/A11324 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPER-
ATIONS/ referred to governmental operations
2017: S1846 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2016: S188A - AMENDED AND RECOMMITTED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS
2015: S188 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

 
EFFECTIVE DATE:
Immediately, and shall govern any action or proceeding pending in the
housing part on the effective date of this act, as well as actions and
proceedings instituted thereafter.