Sponsorship

A.1689 - DIAZ R, HOYT, BRENNAN, DESTITO, GALEF, RIVERA J, BRODSKY, SCHROEDER, WRIGHT, KAVANAGH, alessi, alfano, bacalles, barra, boyland, bradley, christensen, colton, fields, glick, gottfried, grannis, john, lafayette, mayersohn mceneny, miller, peoples, peralta, pheffer, reilly, robinson, sweeney towns / S.417 - Not available at this time.

Memorandum in Support

BILL NUMBER:A1689

TITLE OF BILL: An act to amend the public officers law, in relation to online posting by state agencies of public information related to the freedom of information law

PURPOSE OR GENERAL IDEA OF BILL:

This bill will make information on the Freedom of Information Law (FOIL) more accessible to the public, by requiring that information on FOIL be posted online.

SUMMARY OF PROVISIONS:

Bill S 1 adds a new a new paragraph (c) to S87(4) of the Public Officers Law to require each state agency which maintains a website to post information related to FOIL and the Personal Privacy Protection Law on its website. Such information shall include, at a minimum, contact information for the persons from whom records of the agency may be obtained, the times and places such records are available for inspection and copying, and information on how to request records in person, by mail, and, if the agency accepts requests for records electronically, by e-mail. This posting shall be linked to the website of the Committee on Open Government (COG).

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

There is no current requirement for online posting of FOIL-related information. At present, some state agencies post some information on aspects of their FOIL process, but there is no consistency in these offerings, and many post no FOIL-related information

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 study by the Assembly Committee on Legislative Oversight, Analysis & Investigation and the Assembly Chair of the Administrative Regulations Review Commission found that many agency lists were seriously outdated -- in some cases by 10 years or more - and many lists contained little detail or omitted significant categories of agency records. (These findings are set forth in the 2005 report Needle in a Haystack: state Agency Compliance with SAPA`s Subject Matter List Requirements.)

The report included several recommendations to improve agency compliance with FOIL`s standards for subject matter lists. One was for the posting on an agency`s website of information on the FOIL process: how and where records can be accessed, how to appeal a denial of access, etc. By post-

ing this information online, and by linking it to the COG website, the public will be better informed of its rights and responsibilities under FOIL.

PRIOR LEGISLATIVE HISTORY:

A.10348/S.7792 (2006) - passed Assembly, referred to Senate Investi- gations and Governmental Operations Committee.

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.