Bill Text: NY A06653 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes the open data law requiring the office of information technology services to establish an open data website and requiring covered state entities to publish certain data on such website.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A06653 Detail]
Download: New_York-2015-A06653-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6653
2015-2016 Regular Sessions
I N A S S E M B L Y
March 30, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, HEVESI, KAVANAGH -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the public officers law and the state technology law, in
relation to establishing the open data law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public officers law is amended by adding a new article
2 6-B to read as follows:
3 ARTICLE 6-B
4 OPEN DATA LAW
5 SECTION 99-A. SHORT TITLE.
6 99-B. DEFINITIONS.
7 99-C. OPEN DATA WEBSITE.
8 99-D. DATA WORKING GROUP.
9 99-E. PUBLICATION OF DATA.
10 99-F. PARTICIPATION BY OTHER STATE ENTITIES AND POLITICAL SUBDI-
11 VISIONS.
12 99-G. GUIDELINES.
13 99-H. REPORTING REQUIREMENTS.
14 99-I. SEVERABILITY.
15 S 99-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
16 THE "OPEN DATA LAW".
17 S 99-B. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
18 SHALL HAVE THE FOLLOWING MEANINGS:
19 1. "COVERED STATE ENTITY" SHALL MEAN ANY STATE DEPARTMENT, BOARD,
20 BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
21 RATION, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A
22 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE EXCEPT THE JUDICIARY
23 OR THE STATE LEGISLATURE.
24 2. "DATA" SHALL MEAN FINAL VERSIONS OF STATISTICAL OR FACTUAL INFORMA-
25 TION THAT:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07392-01-5
A. 6653 2
1 (A) ARE IN ALPHANUMERIC FORM REFLECTED IN A LIST, TABLE, GRAPH, CHART
2 OR OTHER NON-NARRATIVE FORM, THAT CAN BE DIGITALLY TRANSMITTED OR PROC-
3 ESSED;
4 (B) ARE REGULARLY CREATED OR MAINTAINED BY OR ON BEHALF OF A COVERED
5 STATE ENTITY AND ARE CONTROLLED BY SUCH ENTITY; AND
6 (C) RECORD A MEASUREMENT, TRANSACTION OR DETERMINATION RELATED TO THE
7 MISSION OF THE COVERED STATE ENTITY.
8 THE TERM "DATA" SHALL NOT INCLUDE IMAGE FILES, SUCH AS DESIGNS, DRAW-
9 INGS, AND PHOTOS OR SCANNED COPIES OF ORIGINAL DOCUMENTS; PROVIDED,
10 HOWEVER, THAT THE TERM "DATA" SHALL INCLUDE STATISTICAL OR FACTUAL
11 INFORMATION ABOUT IMAGE FILES AND GEOGRAPHIC INFORMATION SYSTEM DATA.
12 3. "DATA SET" SHALL MEAN A NAMED COLLECTION OF RELATED RECORDS MAIN-
13 TAINED ON A STORAGE DEVICE, WITH THE COLLECTION CONTAINING DATA ORGAN-
14 IZED OR FORMATTED IN A SPECIFIC OR PRESCRIBED WAY, OFTEN IN TABULAR
15 FORM.
16 4. "PUBLISHABLE STATE DATA" SHALL MEAN A COMPREHENSIVE COLLECTION OF
17 INTERRELATED DATA THAT IS AVAILABLE FOR INSPECTION BY THE PUBLIC IN
18 ACCORDANCE WITH ANY PROVISION OF LAW AND IS MAINTAINED ON A COMPUTER
19 SYSTEM BY, OR ON BEHALF OF, A COVERED STATE ENTITY. SUCH TERM SHALL NOT
20 BE PUBLISHABLE STATE DATA IF MAKING SUCH DATA AVAILABLE ON THE OPEN DATA
21 WEBSITE WOULD VIOLATE STATUTE OR REGULATION, ENDANGER THE PUBLIC HEALTH,
22 SAFETY OR WELFARE, INTERFERE WITH A CRIMINAL OR CIVIL INVESTIGATION OR
23 IMPOSE AN UNDUE FINANCIAL, OPERATIONAL, OR ADMINISTRATIVE BURDEN ON A
24 COVERED STATE ENTITY OR THE STATE. SUCH TERM SHALL ALSO NOT INCLUDE:
25 (A) ANY PORTION OF DATA TO WHICH A COVERED STATE ENTITY MAY DENY
26 ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF THIS CHAPTER OR ANY OTHER
27 FEDERAL OR STATE LAW, RULE OR REGULATION;
28 (B) ANY DATA SET THAT CONTAINS A SIGNIFICANT AMOUNT OF DATA TO WHICH A
29 COVERED STATE ENTITY MAY DENY ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF
30 THIS CHAPTER OR ANY OTHER PROVISION OF A FEDERAL OR STATE LAW, AND WHERE
31 REMOVING SUCH DATA WOULD IMPOSE UNDUE FINANCIAL OR ADMINISTRATIVE
32 BURDEN;
33 (C) DATA THAT REFLECTS THE INTERNAL DELIBERATIVE PROCESS OF A COVERED
34 STATE ENTITY INCLUDING BUT NOT LIMITED TO NEGOTIATING POSITIONS, FUTURE
35 PROCUREMENTS, OR PENDING OR REASONABLY ANTICIPATED LEGAL OR ADMINISTRA-
36 TIVE PROCEEDINGS;
37 (D) DATA STORED ON A COVERED STATE ENTITY-OWNED PERSONAL COMPUTING
38 DEVICE, OR DATA STORED ON A PORTION OF A NETWORK THAT HAS BEEN EXCLU-
39 SIVELY ASSIGNED TO A SINGLE COVERED STATE ENTITY EMPLOYEE OR A SINGLE
40 COVERED STATE ENTITY OWNED OR CONTROLLED COMPUTING DEVICE;
41 (E) MATERIALS THAT HAVE BEEN SUBJECT TO COPYRIGHT, PATENT, TRADEMARK,
42 CONFIDENTIALITY AGREEMENTS OR TRADE SECRET PROTECTION;
43 (F) PROPRIETARY APPLICATIONS, COMPUTER CODE, SOFTWARE, OPERATING
44 SYSTEMS OR SIMILAR MATERIALS; OR
45 (G) EMPLOYMENT RECORDS, INTERNAL EMPLOYEE-RELATED DIRECTORIES OR
46 LISTS, AND FACILITIES DATA, INFORMATION TECHNOLOGY, INTERNAL
47 SERVICE-DESK AND OTHER DATA RELATED TO INTERNAL COVERED STATE ENTITY
48 ADMINISTRATION.
49 5. "TECHNICAL STANDARD" SHALL MEAN:
50 (A) THE COMMON AND REPEATED USE OF RULES, CONDITIONS, GUIDELINES OR
51 CHARACTERISTICS FOR PRODUCTS OR RELATED PROCESSES AND PRODUCTION METH-
52 ODS, AND RELATED MANAGEMENT SYSTEMS PRACTICES; AND
53 (B) (I) THE DEFINITION OF TERMS; (II) CLASSIFICATION OF COMPONENTS;
54 (III) DELINEATION OF PROCEDURES; (IV) SPECIFICATIONS OF DIMENSIONS,
55 MATERIALS, PERFORMANCE, DESIGNS OR OPERATIONS; (V) MEASUREMENT OF QUALI-
56 TY AND QUANTITY IN DESCRIBING MATERIALS, PROCESSES, PRODUCTS, SYSTEMS,
A. 6653 3
1 SERVICES OR PRACTICES; (VI) TEST METHODS AND SAMPLING PROCEDURES; OR
2 (VII) DESCRIPTIONS OF FIT AND MEASUREMENTS OF SIZE OR STRENGTH.
3 S 99-C. OPEN DATA WEBSITE. 1. AN ONLINE OPEN DATA WEBSITE FOR THE
4 COLLECTION AND PUBLIC DISSEMINATION OF PUBLISHABLE STATE DATA IS HEREBY
5 ESTABLISHED IN THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN
6 DATA WEBSITE SHALL BE MAINTAINED AT DATA.NY.GOV OR SUCH OTHER SUCCESSOR
7 WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE
8 BY THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN DATA WEBSITE
9 WILL PROVIDE ACCESS TO PUBLISHABLE STATE DATA THAT IS OWNED, CONTROLLED,
10 COLLECTED OR OTHERWISE MAINTAINED BY COVERED STATE ENTITIES.
11 2. (A) THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN COORDINATION
12 WITH THE COMMITTEE FOR OPEN GOVERNMENT, AND THE DATA WORKING GROUP SHALL
13 COORDINATE IMPLEMENTATION AND EXPANSION OF THE OPEN DATA WEBSITE TO
14 FACILITATE THE SHARING OF INFORMATION.
15 (B) WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, EACH
16 COVERED STATE ENTITY SHALL DESIGNATE A DATA COORDINATOR, WHO SHALL HAVE
17 AUTHORITY TO MAKE DECISIONS OR OTHERWISE BIND A COVERED STATE ENTITY,
18 HAVE KNOWLEDGE OF DATA AND RESOURCES IN USE BY THE ENTITY, AND SHALL BE
19 RESPONSIBLE FOR THAT COVERED STATE ENTITY'S COMPLIANCE WITH THIS ARTI-
20 CLE.
21 S 99-D. DATA WORKING GROUP. WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE
22 DATE OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
23 SHALL ESTABLISH A DATA WORKING GROUP MADE UP OF REPRESENTATIVES FROM THE
24 OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE INFORMATION SECURITY
25 DIVISION OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE OFFICE OF
26 GENERAL SERVICES, THE DIVISION OF BUDGET, THE COMMITTEE ON OPEN GOVERN-
27 MENT, A REPRESENTATIVE FROM THE DEPARTMENT OF STATE WITH EXPERTISE IN
28 LOCAL GOVERNMENTS AND AT LEAST EIGHT BUT NO MORE THAN TWELVE DATA COOR-
29 DINATORS WHO SHALL REPRESENT AN APPROPRIATE CROSS-SECTION OF COVERED
30 STATE ENTITIES. SUCH DATA COORDINATORS SHALL BE CHOSEN BY THE REPRESEN-
31 TATIVE OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE DATA WORK-
32 ING GROUP SHALL ASSIST THE OFFICE OF INFORMATION TECHNOLOGY SERVICES IN
33 CARRYING OUT ITS DUTIES UNDER THIS ARTICLE.
34 S 99-E. PUBLICATION OF DATA. 1. ALL COVERED STATE ENTITIES SHALL MAKE
35 THEIR PUBLISHABLE STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE AS
36 FOLLOWS:
37 (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE AND THERE-
38 AFTER, ALL PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE ON THE OPEN DATA
39 WEBSITE. IF A COVERED STATE ENTITY CANNOT MAKE ALL SUCH PUBLISHABLE
40 STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE PURSUANT TO THIS ARTICLE,
41 THE COVERED STATE ENTITY SHALL REPORT TO THE OFFICE OF INFORMATION TECH-
42 NOLOGY SERVICES WHICH PUBLISHABLE STATE DATA THAT IT IS UNABLE TO MAKE
43 AVAILABLE, THE REASONS WHY IT CANNOT DO SO AND THE DATE BY WHICH THE
44 COVERED STATE ENTITY EXPECTS THAT SUCH PUBLISHABLE STATE DATA WILL BE
45 AVAILABLE ON THE OPEN DATA WEBSITE.
46 (B) SUCH PUBLISHABLE STATE DATA SHALL BE MADE AVAILABLE PURSUANT TO
47 THIS ARTICLE AND SHALL BE IN A FORMAT THAT PERMITS AUTOMATED PROCESSING
48 AND SHALL MAKE USE OF APPROPRIATE TECHNOLOGY TO NOTIFY THE PUBLIC OF ALL
49 UPDATES.
50 (C) SUCH PUBLISHABLE STATE DATA SHALL BE UPDATED AS OFTEN AS IS NECES-
51 SARY TO PRESERVE THE INTEGRITY AND USEFULNESS OF THE DATA SETS TO THE
52 EXTENT THAT THE COVERED STATE ENTITY REGULARLY MAINTAINS OR UPDATES THE
53 PUBLISHABLE STATE DATA AND THE PUBLIC SHALL BE NOTIFIED OF SUCH UPDATES.
54 (D) SUCH PUBLISHABLE STATE DATA SHALL BE MADE AVAILABLE WITHOUT ANY
55 REGISTRATION REQUIREMENT, LICENSE REQUIREMENT OR RESTRICTIONS ON THEIR
56 USE PROVIDED THAT THE DEPARTMENT MAY REQUIRE A THIRD PARTY PROVIDING TO
A. 6653 4
1 THE PUBLIC ANY PUBLISHABLE STATE DATA, OR APPLICATION UTILIZING SUCH
2 PUBLISHABLE STATE DATA, TO EXPLICITLY IDENTIFY THE SOURCE AND VERSION OF
3 THE PUBLISHABLE STATE DATA, AND A DESCRIPTION OF ANY MODIFICATIONS MADE
4 TO SUCH PUBLISHABLE STATE DATA. REGISTRATION REQUIREMENTS, LICENSE
5 REQUIREMENTS OR RESTRICTIONS AS USED IN THIS SECTION SHALL NOT INCLUDE
6 MEASURES REQUIRED TO ENSURE ACCESS TO PUBLISHABLE STATE DATA, TO PROTECT
7 THE OPEN DATA WEBSITE HOUSING PUBLISHABLE STATE DATA FROM UNLAWFUL ABUSE
8 OR ATTEMPTS TO DAMAGE OR IMPAIR USE OF THE WEBSITE, OR TO ANALYZE THE
9 TYPES OF DATA BEING USED TO IMPROVE SERVICE DELIVERY.
10 (E) SUCH PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE TO EXTERNAL SEARCH
11 CAPABILITIES.
12 2. (A) PUBLISHABLE STATE DATA MADE AVAILABLE PURSUANT TO THIS ARTICLE
13 IS PROVIDED FOR INFORMATIONAL PURPOSES. THE STATE DOES NOT WARRANTY THE
14 COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
15 USE OF ANY PUBLISHABLE STATE DATA MADE AVAILABLE ON THE OPEN DATA
16 WEBSITE, NOR ARE ANY SUCH WARRANTIES TO BE IMPLIED OR INFERRED WITH
17 RESPECT TO THE PUBLISHABLE STATE DATA FURNISHED THEREIN.
18 (B) THE STATE SHALL NOT BE LIABLE FOR ANY DEFICIENCIES IN THE
19 COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
20 USE OF ANY PUBLISHABLE STATE DATA, OR APPLICATION UTILIZING SUCH PUBL-
21 ISHABLE STATE DATA, PROVIDED BY ANY THIRD PARTY.
22 (C) THIS ARTICLE SHALL NOT BE CONSTRUED TO CREATE A PRIVATE RIGHT OF
23 ACTION TO ENFORCE ITS PROVISIONS. FAILURE TO COMPLY WITH THIS ARTICLE
24 SHALL NOT RESULT IN LIABILITY TO A COVERED STATE ENTITY.
25 S 99-F. PARTICIPATION BY OTHER STATE ENTITIES AND POLITICAL SUBDIVI-
26 SIONS. STATE AGENCIES AND AUTHORITIES AND POLITICAL SUBDIVISIONS OF THE
27 STATE OTHER THAN COVERED STATE ENTITIES MAY SUBMIT DATA TO THE OPEN DATA
28 WEBSITE FOR PUBLICATION IN ACCORDANCE WITH THIS ARTICLE. THE OFFICE OF
29 INFORMATION TECHNOLOGY SERVICES SHALL ASSIST SUCH AGENCIES AND AUTHORI-
30 TIES AND SUCH POLITICAL SUBDIVISIONS TO USE THE OPEN DATA WEBSITE. SUCH
31 ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, TECHNICAL ASSISTANCE,
32 AND ACCOMMODATIONS SHALL BE MADE FOR VARIATIONS AMONG SUCH AGENCIES AND
33 AUTHORITIES AND SUCH POLITICAL SUBDIVISIONS' CAPACITY AND EQUIPMENT.
34 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO COMPEL SUCH AGENCIES AND
35 AUTHORITIES AND SUCH POLITICAL SUBDIVISIONS TO SUBMIT DATA TO THE OPEN
36 DATA WEBSITE.
37 S 99-G. GUIDELINES. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
38 DATE OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN
39 CONSULTATION WITH THE DATA WORKING GROUP, AND THE COMMITTEE ON OPEN
40 GOVERNMENT, SHALL PREPARE AND PUBLISH GUIDELINES FOR THE PUBLISHING OF
41 PUBLISHABLE STATE DATA IN RAW OR UNPROCESSED FORM THROUGH AN OPEN DATA
42 WEBSITE BY COVERED STATE ENTITIES FOR THE PURPOSE OF MAKING PUBLIC DATA
43 AVAILABLE TO THE GREATEST NUMBER OF USERS AND FOR THE GREATEST NUMBER OF
44 APPLICATIONS AND SHALL, WHENEVER PRACTICABLE, USE OPEN STANDARDS FOR WEB
45 PUBLISHING. SUCH GUIDELINES SHALL IDENTIFY THE REASONS WHY EACH TECHNI-
46 CAL STANDARD WAS SELECTED AND FOR WHICH TYPES OF DATA IT IS APPLICABLE
47 AND MAY RECOMMEND OR REQUIRE THAT DATA BE PUBLISHED IN MORE THAN ONE
48 TECHNICAL STANDARD. THE GUIDELINES SHALL INCLUDE A PLAN TO ADOPT OR
49 UTILIZE A WEB APPLICATION PROGRAMMING INTERFACE THAT PERMITS APPLICATION
50 PROGRAMS TO REQUEST AND RECEIVE PUBLISHABLE STATE DATA DIRECTLY FROM THE
51 WEB PORTAL. SUCH GUIDELINES SHALL BE UPDATED AS NECESSARY. SUCH GUIDE-
52 LINES SHALL ALSO:
53 (A) PROVIDE MODELS AND GUIDANCE FOR COVERED STATE ENTITIES TO FOLLOW
54 WHEN CREATING THEIR DATA SETS;
A. 6653 5
1 (B) PROVIDE GUIDANCE TO COVERED STATE ENTITIES ON SETTING A SCHEDULE
2 FOR INITIAL AND ONGOING PUBLICATION OF DATA ON THE OPEN DATA WEBSITE
3 INCLUDING BUT NOT LIMITED TO REQUIRING:
4 (I) CONSULTATION WITH THE DIRECTORS AND STAFF OF THE COVERED STATE
5 ENTITY'S PUBLIC AFFAIRS OR PUBLIC INFORMATION, LEGAL AND FREEDOM OF
6 INFORMATION LAW OFFICES;
7 (II) PRIORITIZATION OF PUBLICATION OF DATA BASED ON THE EXTENT TO
8 WHICH THE DATA CAN BE USED TO INCREASE THE COVERED STATE ENTITY'S
9 ACCOUNTABILITY AND RESPONSIVENESS, IMPROVE PUBLIC KNOWLEDGE OF THE ENTI-
10 TY AND ITS OPERATIONS, FURTHER THE MISSION OF THE ENTITY, CREATE ECONOM-
11 IC OPPORTUNITY, OR RESPOND TO A NEED OR DEMAND IDENTIFIED AFTER PUBLIC
12 CONSULTATION;
13 (C) PROVIDE GUIDELINES FOR IDENTIFYING AND REVIEWING PUBLISHABLE STATE
14 DATA BY COVERED STATE ENTITIES BEFORE PUBLICATION;
15 (D) PROVIDE UNIFORM STANDARDS FOR THE FORMAT OF DATA SUBMITTED FOR
16 PUBLICATION ON THE OPEN DATA WEBSITE;
17 (E) SET FORTH THE OPEN DATA WEBSITE TERMS OF USE;
18 (F) PROVIDE GUIDELINES ON PARTICIPATION BY AGENCIES AND AUTHORITIES
19 OTHER THAN COVERED STATE ENTITIES AND PARTICIPATION BY POLITICAL SUBDI-
20 VISIONS;
21 (G) PROVIDE GUIDANCE ON THE PUBLICATION OF NARRATIVE DATA, SUCH AS
22 REPORTS; AND
23 (H) ANY OTHER GUIDELINES NECESSARY FOR THE IMPLEMENTATION OF THIS
24 ARTICLE.
25 S 99-H. REPORTING REQUIREMENTS. 1. WITHIN EIGHTEEN MONTHS OF THE
26 EFFECTIVE DATE OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY
27 SERVICES SHALL SUBMIT A COMPLIANCE PLAN TO THE GOVERNOR, THE TEMPORARY
28 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND SHALL MAKE
29 SUCH PLAN AVAILABLE TO THE PUBLIC ON THE OPEN DATA WEBSITE. EACH
30 COVERED STATE ENTITY SHALL COOPERATE WITH THE OFFICE OF INFORMATION
31 TECHNOLOGY SERVICES IN ITS PREPARATION OF SUCH PLAN. THE PLAN SHALL
32 INCLUDE A SUMMARY DESCRIPTION OF PUBLISHABLE STATE DATA UNDER THE
33 CONTROL OF EACH COVERED STATE ENTITY ON OR AFTER THE EFFECTIVE DATE OF
34 THIS ARTICLE, AND SHALL PRIORITIZE SUCH PUBLISHABLE STATE DATA FOR
35 INCLUSION ON THE OPEN DATA WEBSITE. IF PUBLISHABLE STATE DATA CANNOT BE
36 MADE AVAILABLE ON THE OPEN DATA WEBSITE ON OR BEFORE DECEMBER
37 THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE PLAN SHALL STATE THE REASONS
38 WHY SUCH SET OR SETS OF DATA CANNOT BE MADE AVAILABLE, AND, TO THE
39 EXTENT PRACTICABLE, THE DATE BY WHICH THE COVERED STATE ENTITY THAT OWNS
40 THE DATA BELIEVES THAT IT WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
41 (2) FOR PURPOSES OF PRIORITIZING PUBLISHABLE STATE DATA, AGENCIES
42 SHALL CONSIDER WHETHER INFORMATION EMBODIED IN THE PUBLISHABLE STATE
43 DATA: (A) CAN BE USED TO INCREASE COVERED STATE ENTITIES' ACCOUNTABILITY
44 AND RESPONSIVENESS; (B) IMPROVES PUBLIC KNOWLEDGE OF THE COVERED STATE
45 ENTITY AND ITS OPERATIONS; (C) FURTHERS THE MISSION OF THE COVERED STATE
46 ENTITY; (D) CREATES ECONOMIC OPPORTUNITY; OR (E) RESPONDS TO A NEED OR
47 DEMAND IDENTIFIED BY PUBLIC CONSULTATION.
48 (3) NO LATER THAN JULY FIFTEENTH, TWO THOUSAND EIGHTEEN AND EVERY JULY
49 FIFTEENTH THEREAFTER, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
50 SHALL SUBMIT AND POST ON THE WEB PORTAL AN UPDATE OF THE COMPLIANCE PLAN
51 TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
52 OF THE ASSEMBLY UNTIL ALL PUBLISHABLE STATE DATA HAS BEEN MADE AVAILABLE
53 THROUGH AN OPEN DATA WEBSITE IN COMPLIANCE WITH THIS ARTICLE. SUCH
54 UPDATE SHALL INCLUDE THE SPECIFIC MEASURES UNDERTAKEN TO MAKE PUBLISHA-
55 BLE STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE SINCE THE IMMEDIATELY
56 PRECEDING UPDATE, SPECIFIC MEASURES THAT WILL BE UNDERTAKEN PRIOR TO THE
A. 6653 6
1 NEXT UPDATE, AN UPDATE TO THE LIST OF PUBLISHABLE STATE DATA AND, IF
2 NECESSARY, ANY CHANGES TO THE PRIORITIZATION OF PUBLISHABLE STATE DATA.
3 IF PUBLISHABLE STATE DATA CANNOT BE MADE AVAILABLE ON THE OPEN DATA
4 WEBSITE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, THE
5 UPDATE SHALL STATE THE REASONS WHY IT CANNOT AND, TO THE EXTENT PRACTI-
6 CABLE, THE DATE BY WHICH THE COVERED STATE ENTITY BELIEVES THAT SUCH
7 PUBLISHABLE STATE DATA WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
8 S 99-I. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
9 TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS ADJUDGED INVALID BY A
10 COURT OF COMPETENT JURISDICTION, SUCH JUDGMENT SHALL NOT AFFECT OR
11 IMPAIR THE VALIDITY OF THE OTHER PROVISIONS OF THE ARTICLE OR THE APPLI-
12 CATION THEREOF TO OTHER PERSONS AND CIRCUMSTANCES.
13 S 2. Section 103 of the state technology law is amended by adding a
14 new subdivision 22 to read as follows:
15 22. TO CREATE AND MAINTAIN THE OPEN DATA WEBSITE AND CARRY OUT THE
16 DUTIES PURSUANT TO ARTICLE SIX-B OF THE PUBLIC OFFICERS LAW.
17 S 3. This act shall take effect on the ninetieth day after it shall
18 have become a law.
