A10335 Summary:

BILL NO    A10335 

SAME AS    SAME AS S07764

SPONSOR    Kellner

COSPNSR    Cahill, Koon, Millman, Spano, Galef, Maisel, Gabryszak, Fields

MLTSPNSR   Amedore, Crouch, Lupardo, Molinaro, Murray, Reilly, Skartados,
           Thiele, Townsend

Amd SS86 & 87, add S87-a, Pub Off L; amd S103, St Tech L

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.
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A10335 Actions:

BILL NO    A10335 

03/18/2010 referred to governmental operations
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A10335 Memo:

BILL NUMBER:A10335

TITLE  OF BILL:  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  publish-
ing of records on the internet by state agencies

PURPOSE  OR  GENERAL  IDEA OF BILL: This bill requires state agencies to
make all public records, with certain exceptions, available on a  single
interact  web  portal,  without  any  fees  or  license  or registration
requirements,

SUMMARY OF SPECIFIC PROVISIONS:  Section 1: Provides that this act shall
be known as the "Open New York Act."

Section 2: Amends section 86 of the public officers  law  to  add  defi-
nitions  for  the  following  terms:  "consensus," "technical standard,"
"voluntary consensus standards," "voluntary consensus standards bodies."

Section  3:  Requires  that  all  records  available  pursuant  to   the
provisions  of  section 87 of the public officers law shall be available
in electronic form in accordance with the provisions of section 87-a  of
this article.

Section 4: Amends the public officers law by adding a new section 87-a:

-Requires  the  committee  on open government to promulgate rules estab-
lishing an internet record policy for the state of  New  York  no  later
than January 3rd, 2011;

-Requires the committee on open government to consult with the office of
technology regarding preparation, publishing, and periodic updating of a
technical standards manual for publishing records on the internet;

-Requires  each state agency to review the records under its control and
classify them as immediate, priority, legacy or exempt;

-Requires each state agency to submit an agency compliance plan  to  the
governor and legislature no later than January 3, 2011;

-Requires each state agency to make its records available for inspection
by  the  public  through the internet on a single web portal pursuant to
the timetable established in the agency's compliance plan;

-Provides that all records shall be available on a permanent  basis,  in
machine-readable   and  unprocessed  electronic  format,  and  in  their
complete form, except for those records classified as exempt;

-Provides that all records shall be available to the public without  any
registration  requirement, license requirement, fees, or restrictions on
their use unless otherwise provided by law;

-Provides that state agency records shall be classified as  "immediate,"
"legacy," "priority," or "exempt";

-Establishes  a timetable by which records will be made available on the
internet, according to category;

-Provides that no fees may be charged for physical copies of records not
made available on the internet as required by the timetable.

Section 5: Amends Section 103 of the state technology law  to  authorize
the  office  for  technology to publish a technical standards manual for
the publishing of records on the internet by state agencies.  Authorizes
the office for technology to adopt such rules and regulations as  neces-
sary.  Provides  that the office will create and oversee the central web
portal.

Section 6: Act to take effect immediately.

JUSTIFICATION:  New York's Freedom of Information Law establishes  "that
government  is  the  public's business and that the public...should have
access to the records of government." The  right  of  access  to  public
records  derives from the most basic tenets of American democracy; it is
an essential element of government of, by, and for the  people.  In  the
internet age, this right can and must include the right to access infor-
mation online.

To  be  meaningful, public access to records must be unencumbered by any
unnecessary obstacles. In the information age, government  and  citizens
can  benefit  from,  and  indeed  have  come to expect, the free flow of
information via the interact. The capacity of the  internet  to  make  a
vast  array  of data accessible to the public in real time has fundamen-
tally altered our underlying assumptions as to what it means for  infor-
mation to be available. In the new context, the failure to make informa-
tion available on the internet constitutes a significant and unnecessary
obstacle to public access.

The  Obama  administration has led the way in opening government data to
the public, using sites such as  www.data.gov  and  www.recovery.gov  to
improve transparency and allow taxpayers to see how their money is being
used.  At the same time, open government data advocates have established
a set of simple principles to describe government  data  that  is  truly
open. According to these principles, open data is data that is:

1. Complete: All public data is made available. Public data is data that
is not subject to valid privacy, security or privilege limitations.

2.  Primary: Data is as collected at the source, with the highest possi-
ble level of granularity, not in aggregate or modified forms.

3. Timely: Data is made available as quickly as  necessary  to  preserve
the value of the data.

4.  Accessible:  Data  is available to the widest range of users for the
widest range of purposes.

5. Machine processable: Data is reasonably structured to allow automated
processing.

6.  Non-discriminatory: Data is available to anyone, with no requirement
of registration.

7. Non-proprietary: Data is available in a format over which  no  entity
has exclusive control.

8. License-free: Data is not subject to any copyright, patent, trademark
or  trade  secret regulation. Reasonable privacy, security and privilege
restrictions may be allowed. [OpenGovData.org;  "8  Principles  of  Open
Government    Data;"    http://resource.orW8_principles.html;   accessed
2/18/10]

Open government data also promises  to  unleash  entrepreneurialism  and
civic  creativity, by allowing anyone to turn machine-processable, free-
ly-available data into an application that  can  be  used-on  a  laptop,
desktop,  or  mobile device-to make government data work for citizens in
every day life. Already, developers using various government  data  sets
have  created applications allowing users to compare cancer or unemploy-
ment rates in different locations (www.thisweknow.org), to map  out  the
safest  routes  home  at  night (www.outsideinde.corn/stumblesafely), to
subscribe to news feeds telling  them  about  new  building  permits  or
liquor      license      applications     in     their     neighborhoods
(www.everyblock.conm),  to   navigate   their   local   school   systems
(www.bigappleed.com),  or  to  get  traffic updates, recreation options,
restaurant inspection results, post office locations, fire  and  medical
response times, and more all in one package (www.nycway.com). Opening up
New  York State's data to the public will enable entrepreneurs to create
applications using information about health, crime and safety, transpor-
tation, housing, consumer matters, environmental quality, and much more-
benefiting New Yorkers across the state.

Advocates and developers such as those working with the W3C  eGovernment
Interest  Group  have  done  significant  groundwork  in developing open
government data directives and best practices, creating  an  opportunity
for  fruitful collaboration between government and the technology sector
- and, ultimately between  government  and  citizens.  This  legislation
begins  that  partnership by providing, for the first time, that all New
York State data subject to the FOIL be made available  on  the  internet
according to the eight principles of open government data.

Open  data promises a new relationship between citizens and government -
but one that is grounded in the root principles of American democracy.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Act to take effect immediately.
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