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S2344Senate2019-2020 SessionSame asA5747

Study Proactive Disclosure Rules

Official title

“Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information”

Sponsor Brian KavanaghSD-26Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
2/10
Minimal
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill directs the New York State committee on open government to study and recommend proactive public disclosure of government information.

Why it matters

  1. Shifts focus from reactive to proactive transparency. By studying proactive disclosure, the bill addresses the current system where citizens must request information, exploring ways government agencies could automatically share records without waiting for requests.

  2. Potential to reduce bureaucratic delays and barriers. If implemented, proactive disclosure could make it faster and easier for the public to access government documents, saving time for both citizens and government staff who currently process requests.

  3. Considers cost-effectiveness and efficiency. The bill requires analysis of the financial impact—whether proactive disclosure would create savings or new costs for agencies—ensuring that transparency improvements are weighed against practical resource constraints.

  4. May inform future legislative reforms. The committee’s findings and recommendations could pave the way for significant changes in New York’s freedom of information laws, potentially setting a precedent for transparency practices in other states.

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Who cares

Headline styles

Study Proactive Disclosure Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Kavanagh

Senator · Senate District 26

Chair, Housing, Construction And Community Development

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5747Assembly

Study Open Government Disclosure

In Assembly Committee · Governmental Operations · Sponsor Nily Rozic

Impact 2 · Minimal0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2344

2019-2020 Regular Sessions

IN SENATE

January 24, 2019

Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations

AN ACT authorizing and directing the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings. The legislature finds that the current freedom of information law, enacted in 1977, has served as a critical vehicle under which the public has gained access to records of state and local governmental entities. The legislature further finds that the freedom of information law places the burden on the individual to request information from an agency, but that the use of current information technology, combined with a commitment to proactive disclosure, has the potential to provide information to the public to an even greater degree than does the current law.

§ 2. The New York state committee on open government is hereby authorized and directed to: (a) study the feasibility of requiring agencies, as defined in subdivision 3 of section 86 of the public officers law, to proactively disclose documents that are available under article 6 of the public officers law; (b) make specific findings and legislative recommendations relating to mandatory proactive disclosure by agencies; (c) estimate the costs or savings of proactive disclosure; and (d) report its findings to the governor, the temporary president of the senate and the speaker of the assembly no later than January 31, 2022.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01291-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act authorizing and directing the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information

Purpose

To authorize the State Committee on Open Government to conduct a feasi- bility study on requiring state and municipal agencies to proactively disclose documents that are available under Article 6 of the public officers law.

Summary of provisions

Section 1 sets forth the legislative findings and intent, section 2 authorizes the New York State Committee on Open Government to study and report on the following:

*The feasibility of requiring agencies as defined in subdivision 3 of section 86 of the public officer's law to proactively disclose documents available under Article 6 of the public officer's law.

*Specific findings and legislative recommendations relating to mandatory proactive disclosure by agencies.

*Estimated costs or savings of proactive disclosure. Requires a report to the Governor, Temporary president of the Senate and Speaker of the Assembly no later than January 31, 2021.

Existing law

Article 6 of the Public Officers law set forth the Freedom of Informa- tion Law.

Justification

As information technology throughout the world continues to develop by leaps and bounds, the availability and ease of retrieval of information of information of all types has become more and more effortless.

The goal of the original Freedom of Information Law (FOIL) was to promote the public good by disclosing information as widely as possible and without impediment, but it has its limitations because of the burden that it places on the public to make requests for information. While some state and local records are already available electronically, this information has been made public in a haphazard and uncoordinated fash- ion.

The Legislature, through this bill, has the opportunity to study the feasibility of requiring agencies to proactively disclose information in a responsible, comprehensive, coordinated, cost effective fashion. It requires the Committee on open Government to develop a plan for mandato- ry proactive disclosure which will allow for the utilization of the new technology to allow a secure conduit for the public to access vital

public information and documents that are available under the public officers law.

Fiscal impact on the state

None.

Legislative history

2018: S7097/A11324 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPER- ATIONS/ referred to governmental operations 2017: S1846 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 2016: S188A - AMENDED AND RECOMMITTED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 2015: S188 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Effective date

Immediately, and shall govern any action or proceeding pending in the housing part on the effective date of this act, as well as actions and proceedings instituted thereafter.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.