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A04062 Summary:

BILL NOA04062
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRHevesi
 
MLTSPNSR
 
Add Art 6-B §§99-a - 99-i, Pub Off L; amd §103, St Tech L
 
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.
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A04062 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4062
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by M. of A. ENGLEBRIGHT, HEVESI -- 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    § 99-a. Short title. This article shall be known and may be  cited  as
    16  the "open data law".
    17    §  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.
                                                                   LBD07134-02-9

        A. 4062                             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 service-
    47  desk and other data related to internal covered  state  entity  adminis-
    48  tration.
    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. 4062                             3
 
     1  services or practices; (vi) test methods  and  sampling  procedures;  or
     2  (vii) descriptions of fit and measurements of size or strength.
     3    §  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    § 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    § 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. 4062                             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    § 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    § 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. 4062                             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    §  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  thirty-
    37  first,  two  thousand  twenty-two,  the plan shall state the reasons why
    38  such set or sets of data cannot be made available, and,  to  the  extent
    39  practicable,  the  date  by which the covered state entity that owns the
    40  data believes that it will be available on the open data website.
    41    2. For purposes of prioritizing publishable state data, agencies shall
    42  consider whether information embodied in the publishable state data: (a)
    43  can be used to  increase  covered  state  entities'  accountability  and
    44  responsiveness; (b) improves public knowledge of the covered state enti-
    45  ty  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 twenty-two and every
    49  July 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. 4062                             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-four,
     5  the update shall state the reasons why it  cannot  and,  to  the  extent
     6  practicable,  the  date  by which the covered state entity believes that
     7  such publishable state data will be available on the open data website.
     8    § 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    § 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    § 3. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.
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