Bill Text: NY A00735 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Slight Partisan Bill (Democrat 9-5)
Status: (Introduced - Dead) 2012-05-31 - held for consideration in governmental operations [A00735 Detail]
Download: New_York-2011-A00735-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
735
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. KELLNER, CAHILL, MILLMAN, SPANO, GALEF, MAISEL,
GABRYSZAK -- Multi-Sponsored by -- M. of A. AMEDORE, CROUCH, LUPARDO,
MOLINARO, MURRAY, REILLY, THIELE -- read once and referred to the
Committee on Governmental 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:
1 Section 1. This act shall be known as and may be cited as the "Open
2 New York Act".
3 S 2. Section 86 of the public officers law is amended by adding four
4 new subdivisions 6, 7, 8 and 9 to read as follows:
5 6. "CONSENSUS" MEANS GENERAL AGREEMENT, BUT NOT NECESSARILY UNANIMITY,
6 AND INCLUDES A PROCESS FOR ATTEMPTING TO RESOLVE OBJECTIONS BY INTER-
7 ESTED PARTIES, AS LONG AS ALL COMMENTS HAVE BEEN FAIRLY CONSIDERED.
8 7. "TECHNICAL STANDARD" MEANS (A) THE COMMON AND REPEATED USE OF
9 RULES, CONDITIONS, GUIDELINES OR CHARACTERISTICS FOR PRODUCTS OR RELATED
10 PROCESSES AND PRODUCTION METHODS, AND RELATED MANAGEMENT SYSTEMS PRAC-
11 TICES AND (B) THE DEFINITION OF TERMS; CLASSIFICATION OF COMPONENTS,
12 DELINEATION OF PROCEDURES; SPECIFICATIONS OF DIMENSIONS, MATERIALS,
13 PERFORMANCE, DESIGNS OR OPERATIONS; MEASUREMENT OF QUALITY AND QUANTITY
14 IN DESCRIBING MATERIALS, PROCESSES, PRODUCTS, SYSTEMS, SERVICES OR PRAC-
15 TICES; TEST METHODS AND SAMPLING PROCEDURES; OR DESCRIPTIONS OF FIT AND
16 MEASUREMENTS OF SIZE OR STRENGTH.
17 8. "VOLUNTARY CONSENSUS STANDARDS" MEANS STANDARDS DEVELOPED OR
18 ADOPTED BY VOLUNTARY CONSENSUS STANDARDS BODIES, BOTH DOMESTIC AND
19 INTERNATIONAL. THESE STANDARDS INCLUDE PROVISIONS REQUIRING THAT OWNERS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00114-01-1
A. 735 2
1 OF RELEVANT INTELLECTUAL PROPERTY AGREE TO MAKE SUCH INTELLECTUAL PROP-
2 ERTY AVAILABLE ON A NON-DISCRIMINATORY, ROYALTY-FREE OR REASONABLE
3 ROYALTY BASIS TO ALL INTERESTED PARTIES.
4 9. "VOLUNTARY CONSENSUS STANDARDS BODIES" MEANS DOMESTIC OR INTERNA-
5 TIONAL ORGANIZATIONS WHICH PLAN, DEVELOP, ESTABLISH, OR COORDINATE
6 VOLUNTARY CONSENSUS STANDARDS USING AGREED-UPON PROCEDURES.
7 S 3. The opening paragraph of paragraph (c) of subdivision 1 of
8 section 87 of the public officers law, as added by chapter 223 of the
9 laws of 2008, is amended and a new subdivision 2-a is added to read as
10 follows:
11 In determining the actual cost of reproducing a PHYSICAL COPY OF A
12 record, an agency may include only:
13 2-A. ALL RECORDS AVAILABLE PURSUANT TO THE PROVISIONS OF THIS SECTION
14 SHALL BE AVAILABLE IN ELECTRONIC FORM PURSUANT TO THE PROVISIONS OF THIS
15 SECTION AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION EIGHTY-SEVEN-A
16 OF THIS ARTICLE.
17 S 4. The public officers law is amended by adding a new section 87-a
18 to read as follows:
19 S 87-A. STATE INTERNET RECORDS POLICY. 1. (A) THE COMMITTEE ON OPEN
20 GOVERNMENT SHALL PROMULGATE RULES ESTABLISHING AN INTERNET RECORD POLICY
21 FOR THE STATE OF NEW YORK NO LATER THAN JANUARY THIRD, TWO THOUSAND
22 TWELVE, FOR THE PURPOSES OF MAKING AGENCY RECORDS AVAILABLE ON THE
23 INTERNET AND ENSURING AGENCY COMPLIANCE WITH THE PROVISIONS OF THIS
24 ARTICLE. SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, GUIDELINES TO
25 ASSIST AGENCIES IN CLASSIFYING THEIR RECORDS EITHER AS IMMEDIATE, PRIOR-
26 ITY, LEGACY OR EXEMPT PURSUANT TO THE AGENCY COMPLIANCE PLAN DESCRIBED
27 IN SUBDIVISION TWO OF THIS SECTION.
28 (B) THE COMMITTEE ON OPEN GOVERNMENT SHALL CONSULT WITH THE OFFICE FOR
29 TECHNOLOGY REGARDING THE PREPARATION, PUBLICATION AND PERIODIC UPDATING
30 OF A TECHNICAL STANDARDS MANUAL FOR THE PUBLISHING OF RECORDS ON THE
31 INTERNET BY STATE AGENCIES AS PROVIDED IN SUBDIVISION TWELVE-C OF
32 SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
33 (C) EACH STATE AGENCY, IN CONSULTATION WITH THE OFFICE FOR TECHNOLOGY
34 AND THE COMMITTEE ON OPEN GOVERNMENT, SHALL REVIEW ALL RECORDS UNDER ITS
35 CONTROL AND SHALL CLASSIFY THEM AS IMMEDIATE, PRIORITY, LEGACY OR EXEMPT
36 IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION.
37 (D) EACH STATE AGENCY, IN CONSULTATION WITH THE OFFICE FOR TECHNOLOGY
38 AND THE COMMITTEE ON OPEN GOVERNMENT, SHALL SUBMIT AN AGENCY COMPLIANCE
39 PLAN TO THE GOVERNOR AND THE LEGISLATURE NO LATER THAN JANUARY THIRD,
40 TWO THOUSAND TWELVE. SUCH PLAN SHALL DESCRIBE HOW SUCH AGENCY INTENDS TO
41 ACHIEVE FULL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION BY JULY
42 SEVENTH, TWO THOUSAND FIFTEEN, AND SHALL INCLUDE AN ACCOUNTING OF ALL
43 RECORDS UNDER THE CONTROL OF THE AGENCY AND HOW SUCH RECORDS HAVE BEEN
44 CLASSIFIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
45 2. (A) EACH STATE AGENCY SHALL MAKE ITS RECORDS AVAILABLE FOR
46 INSPECTION BY THE PUBLIC ON THE INTERNET THROUGH A SINGLE WEB PORTAL
47 PURSUANT TO THE TIMETABLE ESTABLISHED BY THE AGENCY IN ITS AGENCY
48 COMPLIANCE PLAN.
49 (B) ALL RECORDS SHALL BE AVAILABLE ON A PERMANENT BASIS, IN
50 MACHINE-READABLE AND UNPROCESSED ELECTRONIC FORMAT AND IN THEIR COMPLETE
51 FORM, EXCEPT FOR THOSE RECORDS OR PORTIONS OF RECORDS CLASSIFIED AS
52 EXEMPT PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
53 (C) ALL RECORDS SHALL BE AVAILABLE TO THE PUBLIC WITHOUT ANY REGISTRA-
54 TION REQUIREMENT, LICENSE REQUIREMENT, FEES, OR RESTRICTIONS ON THEIR
55 USE UNLESS OTHERWISE PROVIDED BY LAW.
56 3. STATE AGENCY RECORDS SHALL BE CLASSIFIED AS FOLLOWS:
A. 735 3
1 (A) IMMEDIATE: ANY RECORD IN POSSESSION OF AN AGENCY AS OF THE EFFEC-
2 TIVE DATE OF THIS SECTION AND ANY RECORD SUCH AGENCY ACQUIRES OR CREATES
3 AFTER SUCH EFFECTIVE DATE THROUGH JANUARY THIRD, TWO THOUSAND TWELVE,
4 THAT CAN BE MADE AVAILABLE ON THE INTERNET PURSUANT TO THE PROVISIONS OF
5 SECTION EIGHTY-SEVEN OF THIS ARTICLE WITHIN THIRTY DAYS OF THE AGENCY
6 ACQUIRING OR CREATING SUCH RECORD SHALL BE CLASSIFIED AS IMMEDIATE.
7 AGENCIES SHOULD MAKE BEST EFFORTS TO CLASSIFY AS MANY RECORDS AS IMMEDI-
8 ATE AS IS POSSIBLE. ANY RECORD ACQUIRED OR CREATED AFTER JANUARY THIRD,
9 TWO THOUSAND TWELVE, SHALL BE CLASSIFIED AS IMMEDIATE, AND SHALL BE MADE
10 AVAILABLE PURSUANT TO THE PROVISIONS OF SECTION EIGHTY-SEVEN OF THIS
11 ARTICLE IN AS CLOSE TO REAL-TIME AS POSSIBLE;
12 (B) LEGACY: ANY RECORD THAT, DUE TO ITS SIZE OR COMPLEXITY, OR DUE TO
13 TECHNOLOGY CONSTRAINTS, CANNOT BE MADE AVAILABLE ON THE INTERNET PURSU-
14 ANT TO THE PROVISIONS OF SECTION EIGHTY-SEVEN OF THIS ARTICLE BY JULY
15 SEVENTH, TWO THOUSAND FIFTEEN, SHALL BE CLASSIFIED AS LEGACY. AGENCIES
16 SHALL MAKE BEST EFFORTS TO AVOID PLACING RECORDS INTO THE LEGACY CLASSI-
17 FICATION;
18 (C) PRIORITY: ANY RECORD THAT IS NOT CLASSIFIED AS IMMEDIATE, LEGACY
19 OR EXEMPT SHALL BE CLASSIFIED AS PRIORITY; OR
20 (D) EXEMPT: ANY RECORD OR PORTION OF A RECORD WHICH IS NOT REQUIRED TO
21 BE DISCLOSED PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION
22 EIGHTY-SEVEN OF THIS ARTICLE SHALL BE CLASSIFIED AS EXEMPT.
23 4. STATE AGENCY RECORDS SHALL BE MADE AVAILABLE ON THE INTERNET
24 ACCORDING TO THE FOLLOWING SCHEDULE:
25 (A) RECORDS CLASSIFIED AS IMMEDIATE SHALL BE AVAILABLE NO LATER THAN
26 JULY FOURTH, TWO THOUSAND TWELVE;
27 (B) RECORDS CLASSIFIED AS PRIORITY SHALL BE AVAILABLE NO LATER THAN
28 JULY SECOND, TWO THOUSAND THIRTEEN;
29 (C) RECORDS CLASSIFIED AS LEGACY SHALL BE AVAILABLE NO LATER THAN JULY
30 SEVENTH, TWO THOUSAND FIFTEEN;
31 (D) RECORDS OR PORTIONS OF RECORDS SPECIFIED AS EXEMPT SHALL BE EXEMPT
32 FROM THE PROVISIONS OF THIS SECTION.
33 5. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION ONE
34 OF SECTION EIGHTY-SEVEN OF THIS ARTICLE, NO FEES MAY BE CHARGED FOR
35 PHYSICAL COPIES OF RECORDS:
36 (A) WHICH ARE CLASSIFIED AS IMMEDIATE ACCORDING TO THE PROVISIONS OF
37 THIS SECTION AND WHICH ARE NOT AVAILABLE PURSUANT TO PROVISIONS OF THIS
38 SECTION ON OR AFTER JULY FOURTH, TWO THOUSAND TWELVE;
39 (B) WHICH ARE CLASSIFIED AS PRIORITY ACCORDING TO THE PROVISIONS OF
40 THIS SECTION AND WHICH ARE NOT AVAILABLE PURSUANT TO PROVISIONS OF THIS
41 SECTION ON OR AFTER JULY SECOND, TWO THOUSAND THIRTEEN; OR
42 (C) WHICH ARE CLASSIFIED AS LEGACY ACCORDING TO THE PROVISIONS OF THIS
43 SECTION AND WHICH ARE NOT AVAILABLE PURSUANT TO PROVISIONS OF THIS
44 SECTION ON OR AFTER JULY SEVENTH, TWO THOUSAND FIFTEEN.
45 S 5. Section 103 of the state technology law is amended by adding two
46 new subdivisions 5-a and 12-c to read as follows:
47 5-A. TO ESTABLISH, OVERSEE, MANAGE, COORDINATE AND FACILITATE THE
48 PLANNING, DESIGN AND IMPLEMENTATION OF A SINGLE WEB PORTAL FOR USE BY
49 STATE AGENCIES IN MAKING RECORDS AVAILABLE TO THE PUBLIC AS PROVIDED IN
50 SECTION EIGHTY-SEVEN-A OF THE PUBLIC OFFICERS LAW.
51 12-C. IN CONSULTATION WITH THE COMMITTEE ON OPEN GOVERNMENT, TO
52 PREPARE AND PUBLISH A TECHNICAL STANDARDS MANUAL FOR THE PUBLISHING OF
53 RECORDS ON THE INTERNET BY STATE AGENCIES AS PROVIDED IN ARTICLE SIX OF
54 THE PUBLIC OFFICERS LAW NO LATER THAN JANUARY THIRD, TWO THOUSAND
55 TWELVE, AND SHALL BASE SUCH MANUAL ON TECHNICAL STANDARDS FOR WEB
56 PUBLISHING AND E-GOVERNMENT THAT HAVE BEEN DEVELOPED OR ADOPTED BY
A. 735 4
1 VOLUNTARY CONSENSUS STANDARDS BODIES. SUCH MANUAL SHALL BE UPDATED BY
2 THE OFFICE, IN CONJUNCTION WITH THE COMMITTEE ON OPEN GOVERNMENT, AS
3 NECESSARY. THE OFFICE SHALL CONSULT WITH VOLUNTARY CONSENSUS STANDARDS
4 BODIES AND SHALL, WHEN SUCH PARTICIPATION IS FEASIBLE, IN THE PUBLIC
5 INTEREST AND IS COMPATIBLE WITH AGENCY AND DEPARTMENTAL MISSIONS,
6 AUTHORITIES, PRIORITIES, AND BUDGET RESOURCES, PARTICIPATE WITH SUCH
7 BODIES IN THE DEVELOPMENT OF TECHNICAL STANDARDS. THE OFFICE SHALL
8 PROMULGATE AND ADOPT ALL NECESSARY RULES AND REGULATIONS TO ENSURE THAT
9 STATE AGENCIES PUBLISH THEIR RECORDS ON THE INTERNET IN ACCORDANCE WITH
10 SUCH TECHNICAL STANDARDS MANUAL.
11 S 6. This act shall take effect immediately.
