Relates to the availability of subject matter lists of records in the possession of a state agency

Summary of provisions

Section 1 amends subdivision (3)(c) of section 87 of the Public Officers Law to require each State Agency (as defined in subdivision 4) to transmit its subject matter list (SML) to the Committee on Open Government (COG) within 30 days of an update, and to provide a current list, without charge, to a person who requests it. Current statutory provisions which require that a state agency list shall be linked to or posted on the COG website, are deleted. Also, in its annual report to the Governor and Legislature, COG would be required to identify any state agency that had not provided it with an updated list in the preceding one-year period.

Section 2 provides that the Department of Corrections and Community Supervision shall not be required to make copies of its current subject matter list available to each inmate without charge, provided that one or more copies are available to inmates for review at every correctional facility inmate law library.

Existing law

Currently, any agency may charge a fee of up to 25 cents per page for a copy of any document, including its subject matter list. There is no current requirement to transmit the most recent updated list to COG, only an unused provision requiring that COG's website must either link to or post a version of each state agency's SML.

Justification

The Freedom of Information Law (FOIL)requires every agency to maintain "a reasonably detailed current list by subject matter of all records in the possession of the agency." This "subject matter list" (SML) is an essential element of FOIL which benefits the agency by helping the public to more precisely identify the documents to request. However, recent news reports indicate that many state agencies are failing to follow FOIL requirements and post a current SML online, and some have even demanded payment of excessive fees (over $400) to provide a paper copy of the list. There is no reason that a state agency's records access officers shouldn't have multiple copies of a current list of agency records readily available to distribute upon request. Advance preparation of such lists would also minimize copying costs. Barring the charging of fees for paper SMLs would also remove any disincentive for online posting of the document. Beyond this, requiring that a copy

of the most recent annual update must be transmitted to COG within 30 days and for identification of non-compliant state agencies will help to ensure that appropriate attention is paid to maintaining current SMLs. These requirements would replace statutory provisions to have state agency lists linked to or posted on COG's website which have not proven effective. The Department of Corrections and Community Supervision is able to provide inmates with access to copies of its SML in each correctional facility inmate law library. It is therefore appropriate to make the requirement to provide SML copies without charge inapplicable in such circumstances.

Legislative history

S.7933 of 2014 referred to Rules; A.9687 2014 referred to Governmental Operations

Fiscal implications

None. Most SMLs are only a few pages long and the cost of handling and processing fee payments is often greater than the amount collected.

Effective date

First day of November after becoming law; provided that COG is not required to begin identifying non-compliant agencies until its second annual report after enactment (to allow one full reporting cycle to be completed).