Bill Text: NY S01651 | 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 (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01651 Detail]
Download: New_York-2015-S01651-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1651
2015-2016 Regular Sessions
I N S E N A T E
January 13, 2015
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07392-01-5
S. 1651 2
1 2. "DATA" SHALL MEAN FINAL VERSIONS OF STATISTICAL OR FACTUAL INFORMA-
2 TION THAT:
3 (A) ARE IN ALPHANUMERIC FORM REFLECTED IN A LIST, TABLE, GRAPH, CHART
4 OR OTHER NON-NARRATIVE FORM, THAT CAN BE DIGITALLY TRANSMITTED OR PROC-
5 ESSED;
6 (B) ARE REGULARLY CREATED OR MAINTAINED BY OR ON BEHALF OF A COVERED
7 STATE ENTITY AND ARE CONTROLLED BY SUCH ENTITY; AND
8 (C) RECORD A MEASUREMENT, TRANSACTION OR DETERMINATION RELATED TO THE
9 MISSION OF THE COVERED STATE ENTITY.
10 THE TERM "DATA" SHALL NOT INCLUDE IMAGE FILES, SUCH AS DESIGNS, DRAW-
11 INGS, AND PHOTOS OR SCANNED COPIES OF ORIGINAL DOCUMENTS; PROVIDED,
12 HOWEVER, THAT THE TERM "DATA" SHALL INCLUDE STATISTICAL OR FACTUAL
13 INFORMATION ABOUT IMAGE FILES AND GEOGRAPHIC INFORMATION SYSTEM DATA.
14 3. "DATA SET" SHALL MEAN A NAMED COLLECTION OF RELATED RECORDS MAIN-
15 TAINED ON A STORAGE DEVICE, WITH THE COLLECTION CONTAINING DATA ORGAN-
16 IZED OR FORMATTED IN A SPECIFIC OR PRESCRIBED WAY, OFTEN IN TABULAR
17 FORM.
18 4. "PUBLISHABLE STATE DATA" SHALL MEAN A COMPREHENSIVE COLLECTION OF
19 INTERRELATED DATA THAT IS AVAILABLE FOR INSPECTION BY THE PUBLIC IN
20 ACCORDANCE WITH ANY PROVISION OF LAW AND IS MAINTAINED ON A COMPUTER
21 SYSTEM BY, OR ON BEHALF OF, A COVERED STATE ENTITY. SUCH TERM SHALL NOT
22 BE PUBLISHABLE STATE DATA IF MAKING SUCH DATA AVAILABLE ON THE OPEN DATA
23 WEBSITE WOULD VIOLATE STATUTE OR REGULATION, ENDANGER THE PUBLIC HEALTH,
24 SAFETY OR WELFARE, INTERFERE WITH A CRIMINAL OR CIVIL INVESTIGATION OR
25 IMPOSE AN UNDUE FINANCIAL, OPERATIONAL, OR ADMINISTRATIVE BURDEN ON A
26 COVERED STATE ENTITY OR THE STATE. SUCH TERM SHALL ALSO NOT INCLUDE:
27 (A) ANY PORTION OF DATA TO WHICH A COVERED STATE ENTITY MAY DENY
28 ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF THIS CHAPTER OR ANY OTHER
29 FEDERAL OR STATE LAW, RULE OR REGULATION;
30 (B) ANY DATA SET THAT CONTAINS A SIGNIFICANT AMOUNT OF DATA TO WHICH A
31 COVERED STATE ENTITY MAY DENY ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF
32 THIS CHAPTER OR ANY OTHER PROVISION OF A FEDERAL OR STATE LAW, AND WHERE
33 REMOVING SUCH DATA WOULD IMPOSE UNDUE FINANCIAL OR ADMINISTRATIVE
34 BURDEN;
35 (C) DATA THAT REFLECTS THE INTERNAL DELIBERATIVE PROCESS OF A COVERED
36 STATE ENTITY INCLUDING BUT NOT LIMITED TO NEGOTIATING POSITIONS, FUTURE
37 PROCUREMENTS, OR PENDING OR REASONABLY ANTICIPATED LEGAL OR ADMINISTRA-
38 TIVE PROCEEDINGS;
39 (D) DATA STORED ON A COVERED STATE ENTITY-OWNED PERSONAL COMPUTING
40 DEVICE, OR DATA STORED ON A PORTION OF A NETWORK THAT HAS BEEN EXCLU-
41 SIVELY ASSIGNED TO A SINGLE COVERED STATE ENTITY EMPLOYEE OR A SINGLE
42 COVERED STATE ENTITY OWNED OR CONTROLLED COMPUTING DEVICE;
43 (E) MATERIALS THAT HAVE BEEN SUBJECT TO COPYRIGHT, PATENT, TRADEMARK,
44 CONFIDENTIALITY AGREEMENTS OR TRADE SECRET PROTECTION;
45 (F) PROPRIETARY APPLICATIONS, COMPUTER CODE, SOFTWARE, OPERATING
46 SYSTEMS OR SIMILAR MATERIALS; OR
47 (G) EMPLOYMENT RECORDS, INTERNAL EMPLOYEE-RELATED DIRECTORIES OR
48 LISTS, AND FACILITIES DATA, INFORMATION TECHNOLOGY, INTERNAL
49 SERVICE-DESK AND OTHER DATA RELATED TO INTERNAL COVERED STATE ENTITY
50 ADMINISTRATION.
51 5. "TECHNICAL STANDARD" SHALL MEAN:
52 (A) THE COMMON AND REPEATED USE OF RULES, CONDITIONS, GUIDELINES OR
53 CHARACTERISTICS FOR PRODUCTS OR RELATED PROCESSES AND PRODUCTION METH-
54 ODS, AND RELATED MANAGEMENT SYSTEMS PRACTICES; AND
55 (B) (I) THE DEFINITION OF TERMS; (II) CLASSIFICATION OF COMPONENTS;
56 (III) DELINEATION OF PROCEDURES; (IV) SPECIFICATIONS OF DIMENSIONS,
S. 1651 3
1 MATERIALS, PERFORMANCE, DESIGNS OR OPERATIONS; (V) MEASUREMENT OF QUALI-
2 TY AND QUANTITY IN DESCRIBING MATERIALS, PROCESSES, PRODUCTS, SYSTEMS,
3 SERVICES OR PRACTICES; (VI) TEST METHODS AND SAMPLING PROCEDURES; OR
4 (VII) DESCRIPTIONS OF FIT AND MEASUREMENTS OF SIZE OR STRENGTH.
5 S 99-C. OPEN DATA WEBSITE. 1. AN ONLINE OPEN DATA WEBSITE FOR THE
6 COLLECTION AND PUBLIC DISSEMINATION OF PUBLISHABLE STATE DATA IS HEREBY
7 ESTABLISHED IN THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN
8 DATA WEBSITE SHALL BE MAINTAINED AT DATA.NY.GOV OR SUCH OTHER SUCCESSOR
9 WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE
10 BY THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN DATA WEBSITE
11 WILL PROVIDE ACCESS TO PUBLISHABLE STATE DATA THAT IS OWNED, CONTROLLED,
12 COLLECTED OR OTHERWISE MAINTAINED BY COVERED STATE ENTITIES.
13 2. (A) THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN COORDINATION
14 WITH THE COMMITTEE FOR OPEN GOVERNMENT, AND THE DATA WORKING GROUP SHALL
15 COORDINATE IMPLEMENTATION AND EXPANSION OF THE OPEN DATA WEBSITE TO
16 FACILITATE THE SHARING OF INFORMATION.
17 (B) WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, EACH
18 COVERED STATE ENTITY SHALL DESIGNATE A DATA COORDINATOR, WHO SHALL HAVE
19 AUTHORITY TO MAKE DECISIONS OR OTHERWISE BIND A COVERED STATE ENTITY,
20 HAVE KNOWLEDGE OF DATA AND RESOURCES IN USE BY THE ENTITY, AND SHALL BE
21 RESPONSIBLE FOR THAT COVERED STATE ENTITY'S COMPLIANCE WITH THIS ARTI-
22 CLE.
23 S 99-D. DATA WORKING GROUP. WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE
24 DATE OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
25 SHALL ESTABLISH A DATA WORKING GROUP MADE UP OF REPRESENTATIVES FROM THE
26 OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE INFORMATION SECURITY
27 DIVISION OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE OFFICE OF
28 GENERAL SERVICES, THE DIVISION OF BUDGET, THE COMMITTEE ON OPEN GOVERN-
29 MENT, A REPRESENTATIVE FROM THE DEPARTMENT OF STATE WITH EXPERTISE IN
30 LOCAL GOVERNMENTS AND AT LEAST EIGHT BUT NO MORE THAN TWELVE DATA COOR-
31 DINATORS WHO SHALL REPRESENT AN APPROPRIATE CROSS-SECTION OF COVERED
32 STATE ENTITIES. SUCH DATA COORDINATORS SHALL BE CHOSEN BY THE REPRESEN-
33 TATIVE OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE DATA WORK-
34 ING GROUP SHALL ASSIST THE OFFICE OF INFORMATION TECHNOLOGY SERVICES IN
35 CARRYING OUT ITS DUTIES UNDER THIS ARTICLE.
36 S 99-E. PUBLICATION OF DATA. 1. ALL COVERED STATE ENTITIES SHALL MAKE
37 THEIR PUBLISHABLE STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE AS
38 FOLLOWS:
39 (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE AND THERE-
40 AFTER, ALL PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE ON THE OPEN DATA
41 WEBSITE. IF A COVERED STATE ENTITY CANNOT MAKE ALL SUCH PUBLISHABLE
42 STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE PURSUANT TO THIS ARTICLE,
43 THE COVERED STATE ENTITY SHALL REPORT TO THE OFFICE OF INFORMATION TECH-
44 NOLOGY SERVICES WHICH PUBLISHABLE STATE DATA THAT IT IS UNABLE TO MAKE
45 AVAILABLE, THE REASONS WHY IT CANNOT DO SO AND THE DATE BY WHICH THE
46 COVERED STATE ENTITY EXPECTS THAT SUCH PUBLISHABLE STATE DATA WILL BE
47 AVAILABLE ON THE OPEN DATA WEBSITE.
48 (B) SUCH PUBLISHABLE STATE DATA SHALL BE MADE AVAILABLE PURSUANT TO
49 THIS ARTICLE AND SHALL BE IN A FORMAT THAT PERMITS AUTOMATED PROCESSING
50 AND SHALL MAKE USE OF APPROPRIATE TECHNOLOGY TO NOTIFY THE PUBLIC OF ALL
51 UPDATES.
52 (C) SUCH PUBLISHABLE STATE DATA SHALL BE UPDATED AS OFTEN AS IS NECES-
53 SARY TO PRESERVE THE INTEGRITY AND USEFULNESS OF THE DATA SETS TO THE
54 EXTENT THAT THE COVERED STATE ENTITY REGULARLY MAINTAINS OR UPDATES THE
55 PUBLISHABLE STATE DATA AND THE PUBLIC SHALL BE NOTIFIED OF SUCH UPDATES.
S. 1651 4
1 (D) SUCH PUBLISHABLE STATE DATA SHALL BE MADE AVAILABLE WITHOUT ANY
2 REGISTRATION REQUIREMENT, LICENSE REQUIREMENT OR RESTRICTIONS ON THEIR
3 USE PROVIDED THAT THE DEPARTMENT MAY REQUIRE A THIRD PARTY PROVIDING TO
4 THE PUBLIC ANY PUBLISHABLE STATE DATA, OR APPLICATION UTILIZING SUCH
5 PUBLISHABLE STATE DATA, TO EXPLICITLY IDENTIFY THE SOURCE AND VERSION OF
6 THE PUBLISHABLE STATE DATA, AND A DESCRIPTION OF ANY MODIFICATIONS MADE
7 TO SUCH PUBLISHABLE STATE DATA. REGISTRATION REQUIREMENTS, LICENSE
8 REQUIREMENTS OR RESTRICTIONS AS USED IN THIS SECTION SHALL NOT INCLUDE
9 MEASURES REQUIRED TO ENSURE ACCESS TO PUBLISHABLE STATE DATA, TO PROTECT
10 THE OPEN DATA WEBSITE HOUSING PUBLISHABLE STATE DATA FROM UNLAWFUL ABUSE
11 OR ATTEMPTS TO DAMAGE OR IMPAIR USE OF THE WEBSITE, OR TO ANALYZE THE
12 TYPES OF DATA BEING USED TO IMPROVE SERVICE DELIVERY.
13 (E) SUCH PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE TO EXTERNAL SEARCH
14 CAPABILITIES.
15 2. (A) PUBLISHABLE STATE DATA MADE AVAILABLE PURSUANT TO THIS ARTICLE
16 IS PROVIDED FOR INFORMATIONAL PURPOSES. THE STATE DOES NOT WARRANTY THE
17 COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
18 USE OF ANY PUBLISHABLE STATE DATA MADE AVAILABLE ON THE OPEN DATA
19 WEBSITE, NOR ARE ANY SUCH WARRANTIES TO BE IMPLIED OR INFERRED WITH
20 RESPECT TO THE PUBLISHABLE STATE DATA FURNISHED THEREIN.
21 (B) THE STATE SHALL NOT BE LIABLE FOR ANY DEFICIENCIES IN THE
22 COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
23 USE OF ANY PUBLISHABLE STATE DATA, OR APPLICATION UTILIZING SUCH PUBL-
24 ISHABLE STATE DATA, PROVIDED BY ANY THIRD PARTY.
25 (C) THIS ARTICLE SHALL NOT BE CONSTRUED TO CREATE A PRIVATE RIGHT OF
26 ACTION TO ENFORCE ITS PROVISIONS. FAILURE TO COMPLY WITH THIS ARTICLE
27 SHALL NOT RESULT IN LIABILITY TO A COVERED STATE ENTITY.
28 S 99-F. PARTICIPATION BY OTHER STATE ENTITIES AND POLITICAL SUBDIVI-
29 SIONS. STATE AGENCIES AND AUTHORITIES AND POLITICAL SUBDIVISIONS OF THE
30 STATE OTHER THAN COVERED STATE ENTITIES MAY SUBMIT DATA TO THE OPEN DATA
31 WEBSITE FOR PUBLICATION IN ACCORDANCE WITH THIS ARTICLE. THE OFFICE OF
32 INFORMATION TECHNOLOGY SERVICES SHALL ASSIST SUCH AGENCIES AND AUTHORI-
33 TIES AND SUCH POLITICAL SUBDIVISIONS TO USE THE OPEN DATA WEBSITE. SUCH
34 ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, TECHNICAL ASSISTANCE,
35 AND ACCOMMODATIONS SHALL BE MADE FOR VARIATIONS AMONG SUCH AGENCIES AND
36 AUTHORITIES AND SUCH POLITICAL SUBDIVISIONS' CAPACITY AND EQUIPMENT.
37 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO COMPEL SUCH AGENCIES AND
38 AUTHORITIES AND SUCH POLITICAL SUBDIVISIONS TO SUBMIT DATA TO THE OPEN
39 DATA WEBSITE.
40 S 99-G. GUIDELINES. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
41 DATE OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN
42 CONSULTATION WITH THE DATA WORKING GROUP, AND THE COMMITTEE ON OPEN
43 GOVERNMENT, SHALL PREPARE AND PUBLISH GUIDELINES FOR THE PUBLISHING OF
44 PUBLISHABLE STATE DATA IN RAW OR UNPROCESSED FORM THROUGH AN OPEN DATA
45 WEBSITE BY COVERED STATE ENTITIES FOR THE PURPOSE OF MAKING PUBLIC DATA
46 AVAILABLE TO THE GREATEST NUMBER OF USERS AND FOR THE GREATEST NUMBER OF
47 APPLICATIONS AND SHALL, WHENEVER PRACTICABLE, USE OPEN STANDARDS FOR WEB
48 PUBLISHING. SUCH GUIDELINES SHALL IDENTIFY THE REASONS WHY EACH TECHNI-
49 CAL STANDARD WAS SELECTED AND FOR WHICH TYPES OF DATA IT IS APPLICABLE
50 AND MAY RECOMMEND OR REQUIRE THAT DATA BE PUBLISHED IN MORE THAN ONE
51 TECHNICAL STANDARD. THE GUIDELINES SHALL INCLUDE A PLAN TO ADOPT OR
52 UTILIZE A WEB APPLICATION PROGRAMMING INTERFACE THAT PERMITS APPLICATION
53 PROGRAMS TO REQUEST AND RECEIVE PUBLISHABLE STATE DATA DIRECTLY FROM THE
54 WEB PORTAL. SUCH GUIDELINES SHALL BE UPDATED AS NECESSARY. SUCH GUIDE-
55 LINES SHALL ALSO:
S. 1651 5
1 (A) PROVIDE MODELS AND GUIDANCE FOR COVERED STATE ENTITIES TO FOLLOW
2 WHEN CREATING THEIR DATA SETS;
3 (B) PROVIDE GUIDANCE TO COVERED STATE ENTITIES ON SETTING A SCHEDULE
4 FOR INITIAL AND ONGOING PUBLICATION OF DATA ON THE OPEN DATA WEBSITE
5 INCLUDING BUT NOT LIMITED TO REQUIRING:
6 (I) CONSULTATION WITH THE DIRECTORS AND STAFF OF THE COVERED STATE
7 ENTITY'S PUBLIC AFFAIRS OR PUBLIC INFORMATION, LEGAL AND FREEDOM OF
8 INFORMATION LAW OFFICES;
9 (II) PRIORITIZATION OF PUBLICATION OF DATA BASED ON THE EXTENT TO
10 WHICH THE DATA CAN BE USED TO INCREASE THE COVERED STATE ENTITY'S
11 ACCOUNTABILITY AND RESPONSIVENESS, IMPROVE PUBLIC KNOWLEDGE OF THE ENTI-
12 TY AND ITS OPERATIONS, FURTHER THE MISSION OF THE ENTITY, CREATE ECONOM-
13 IC OPPORTUNITY, OR RESPOND TO A NEED OR DEMAND IDENTIFIED AFTER PUBLIC
14 CONSULTATION;
15 (C) PROVIDE GUIDELINES FOR IDENTIFYING AND REVIEWING PUBLISHABLE STATE
16 DATA BY COVERED STATE ENTITIES BEFORE PUBLICATION;
17 (D) PROVIDE UNIFORM STANDARDS FOR THE FORMAT OF DATA SUBMITTED FOR
18 PUBLICATION ON THE OPEN DATA WEBSITE;
19 (E) SET FORTH THE OPEN DATA WEBSITE TERMS OF USE;
20 (F) PROVIDE GUIDELINES ON PARTICIPATION BY AGENCIES AND AUTHORITIES
21 OTHER THAN COVERED STATE ENTITIES AND PARTICIPATION BY POLITICAL SUBDI-
22 VISIONS;
23 (G) PROVIDE GUIDANCE ON THE PUBLICATION OF NARRATIVE DATA, SUCH AS
24 REPORTS; AND
25 (H) ANY OTHER GUIDELINES NECESSARY FOR THE IMPLEMENTATION OF THIS
26 ARTICLE.
27 S 99-H. REPORTING REQUIREMENTS. 1. WITHIN EIGHTEEN MONTHS OF THE
28 EFFECTIVE DATE OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY
29 SERVICES SHALL SUBMIT A COMPLIANCE PLAN TO THE GOVERNOR, THE TEMPORARY
30 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND SHALL MAKE
31 SUCH PLAN AVAILABLE TO THE PUBLIC ON THE OPEN DATA WEBSITE. EACH
32 COVERED STATE ENTITY SHALL COOPERATE WITH THE OFFICE OF INFORMATION
33 TECHNOLOGY SERVICES IN ITS PREPARATION OF SUCH PLAN. THE PLAN SHALL
34 INCLUDE A SUMMARY DESCRIPTION OF PUBLISHABLE STATE DATA UNDER THE
35 CONTROL OF EACH COVERED STATE ENTITY ON OR AFTER THE EFFECTIVE DATE OF
36 THIS ARTICLE, AND SHALL PRIORITIZE SUCH PUBLISHABLE STATE DATA FOR
37 INCLUSION ON THE OPEN DATA WEBSITE. IF PUBLISHABLE STATE DATA CANNOT BE
38 MADE AVAILABLE ON THE OPEN DATA WEBSITE ON OR BEFORE DECEMBER
39 THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE PLAN SHALL STATE THE REASONS
40 WHY SUCH SET OR SETS OF DATA CANNOT BE MADE AVAILABLE, AND, TO THE
41 EXTENT PRACTICABLE, THE DATE BY WHICH THE COVERED STATE ENTITY THAT OWNS
42 THE DATA BELIEVES THAT IT WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
43 (2) FOR PURPOSES OF PRIORITIZING PUBLISHABLE STATE DATA, AGENCIES
44 SHALL CONSIDER WHETHER INFORMATION EMBODIED IN THE PUBLISHABLE STATE
45 DATA: (A) CAN BE USED TO INCREASE COVERED STATE ENTITIES' ACCOUNTABILITY
46 AND RESPONSIVENESS; (B) IMPROVES PUBLIC KNOWLEDGE OF THE COVERED STATE
47 ENTITY AND ITS OPERATIONS; (C) FURTHERS THE MISSION OF THE COVERED STATE
48 ENTITY; (D) CREATES ECONOMIC OPPORTUNITY; OR (E) RESPONDS TO A NEED OR
49 DEMAND IDENTIFIED BY PUBLIC CONSULTATION.
50 (3) NO LATER THAN JULY FIFTEENTH, TWO THOUSAND EIGHTEEN AND EVERY JULY
51 FIFTEENTH THEREAFTER, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
52 SHALL SUBMIT AND POST ON THE WEB PORTAL AN UPDATE OF THE COMPLIANCE PLAN
53 TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
54 OF THE ASSEMBLY UNTIL ALL PUBLISHABLE STATE DATA HAS BEEN MADE AVAILABLE
55 THROUGH AN OPEN DATA WEBSITE IN COMPLIANCE WITH THIS ARTICLE. SUCH
56 UPDATE SHALL INCLUDE THE SPECIFIC MEASURES UNDERTAKEN TO MAKE PUBLISHA-
S. 1651 6
1 BLE STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE SINCE THE IMMEDIATELY
2 PRECEDING UPDATE, SPECIFIC MEASURES THAT WILL BE UNDERTAKEN PRIOR TO THE
3 NEXT UPDATE, AN UPDATE TO THE LIST OF PUBLISHABLE STATE DATA AND, IF
4 NECESSARY, ANY CHANGES TO THE PRIORITIZATION OF PUBLISHABLE STATE DATA.
5 IF PUBLISHABLE STATE DATA CANNOT BE MADE AVAILABLE ON THE OPEN DATA
6 WEBSITE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, THE
7 UPDATE SHALL STATE THE REASONS WHY IT CANNOT AND, TO THE EXTENT PRACTI-
8 CABLE, THE DATE BY WHICH THE COVERED STATE ENTITY BELIEVES THAT SUCH
9 PUBLISHABLE STATE DATA WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
10 S 99-I. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
11 TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS ADJUDGED INVALID BY A
12 COURT OF COMPETENT JURISDICTION, SUCH JUDGMENT SHALL NOT AFFECT OR
13 IMPAIR THE VALIDITY OF THE OTHER PROVISIONS OF THE ARTICLE OR THE APPLI-
14 CATION THEREOF TO OTHER PERSONS AND CIRCUMSTANCES.
15 S 2. Section 103 of the state technology law is amended by adding a
16 new subdivision 22 to read as follows:
17 22. TO CREATE AND MAINTAIN THE OPEN DATA WEBSITE AND CARRY OUT THE
18 DUTIES PURSUANT TO ARTICLE SIX-B OF THE PUBLIC OFFICERS LAW.
19 S 3. This act shall take effect on the ninetieth day after it shall
20 have become a law.
