Requires the committee on open government to provide guidance to agencies on the development and maintenance of subject matter lists

1 Co-sponsor

• Kemp Hannon

Title of bill

An act to amend the public officers law, in relation to providing guidance to agencies on the development and maintenance of subject matter lists

Purpose or general idea of bill

This bill will improve state agency preparation of subject matter lists of records maintained under the Freedom of Information Law, by authorizing the dissemination of general guidance by the Committee on Open Government.

Summary of provisions

Section one of the bill adds a new subparagraph (vi) to §89(1) (b) of the Public Officers Law to authorize the Committee on Open Government (COG) to provide guidance to agencies on the development and maintenance of subject matter lists under the Freedom of Information Law (FOIL). Among the forms this guidance may take are the dissemination of model lists in print or electronic format and the recognition of best practices and, in consultation with the State Archives and Records Administration, information on how records retention schedules and agency records management activities can be used to facilitate the development and maintenance of such lists.

Effects of present law which this bill would alter

Although state agencies are currently required to maintain reasonably detailed, current subject matter lists, a recent review of their efforts has shown that many lists are seriously outdated and/or lacking in substantial detail. This bill would help to rectify such lapses.

Justification

Article 6 of the Public Officers law, better known as the "Freedom of Information law" (FOIL), is intended to make it easier to locate and obtain state agency records that are of interest to the public. Among other things, FOIL requires each state agency to maintain a "reasonably detailed current list by subject matter of all records in the possession of the agency." However, a recent Legislative study found that many agency lists were seriously outdated -- in some cases by 10 years or more - and many lists contained little detail or omitted significant categories of agency records. The report included several recommendations to improve agency compliance with FOIL's standards for subject matter lists. One was for COG to facilitate the preparation of high-quality lists by providing guidance to agencies, including such tools as model lists and the recognition of agency best practices. As discussed in the report, the records management activities of the State Archives & Records Administration (SARA) can also be a source of assistance for agencies. For example, the categories employed in the general records retention schedule developed by SARA could be carried over to form part of an agency's subject matter list. The bill provides for collaboration by COG and SARA in creating such guidance.

Prior legislative history

2005-06: A.10347: Passed Assembly/S.7806: Senate Investigations & Govt Operations Cmte. 2007-08: A.3403: Passed Assembly.

Fiscal implications for state and local governments

None.

Effective date

120th day after it becoming law; provided that COG is immediately authorized and directed to promulgate any rules and regulations and take any other actions necessary for implementation of this act on such date.