S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1651
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2015
                                      ___________
       Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment 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    S 99-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
   16  THE "OPEN DATA LAW".
   17    S  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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07392-01-5
       S. 1651                             2
    1    2. "DATA" SHALL MEAN FINAL VERSIONS OF STATISTICAL OR FACTUAL INFORMA-
    2  TION THAT:
    3    (A)  ARE IN ALPHANUMERIC FORM REFLECTED IN A LIST, TABLE, GRAPH, CHART
    4  OR OTHER NON-NARRATIVE FORM, THAT CAN BE DIGITALLY TRANSMITTED OR  PROC-
    5  ESSED;
    6    (B)  ARE  REGULARLY CREATED OR MAINTAINED BY OR ON BEHALF OF A COVERED
    7  STATE ENTITY AND ARE CONTROLLED BY SUCH ENTITY; AND
    8    (C) RECORD A MEASUREMENT, TRANSACTION OR DETERMINATION RELATED TO  THE
    9  MISSION OF THE COVERED STATE ENTITY.
   10    THE  TERM "DATA" SHALL NOT INCLUDE IMAGE FILES, SUCH AS DESIGNS, DRAW-
   11  INGS, AND PHOTOS OR SCANNED  COPIES  OF  ORIGINAL  DOCUMENTS;  PROVIDED,
   12  HOWEVER,  THAT  THE  TERM  "DATA"  SHALL  INCLUDE STATISTICAL OR FACTUAL
   13  INFORMATION ABOUT IMAGE FILES AND GEOGRAPHIC INFORMATION SYSTEM DATA.
   14    3. "DATA SET" SHALL MEAN A NAMED COLLECTION OF RELATED  RECORDS  MAIN-
   15  TAINED  ON  A STORAGE DEVICE, WITH THE COLLECTION CONTAINING DATA ORGAN-
   16  IZED OR FORMATTED IN A SPECIFIC OR  PRESCRIBED  WAY,  OFTEN  IN  TABULAR
   17  FORM.
   18    4.  "PUBLISHABLE  STATE DATA" SHALL MEAN A COMPREHENSIVE COLLECTION OF
   19  INTERRELATED DATA THAT IS AVAILABLE FOR  INSPECTION  BY  THE  PUBLIC  IN
   20  ACCORDANCE  WITH  ANY  PROVISION  OF LAW AND IS MAINTAINED ON A COMPUTER
   21  SYSTEM BY, OR ON BEHALF OF, A COVERED STATE ENTITY. SUCH TERM SHALL  NOT
   22  BE PUBLISHABLE STATE DATA IF MAKING SUCH DATA AVAILABLE ON THE OPEN DATA
   23  WEBSITE WOULD VIOLATE STATUTE OR REGULATION, ENDANGER THE PUBLIC HEALTH,
   24  SAFETY  OR  WELFARE, INTERFERE WITH A CRIMINAL OR CIVIL INVESTIGATION OR
   25  IMPOSE AN UNDUE FINANCIAL, OPERATIONAL, OR ADMINISTRATIVE  BURDEN  ON  A
   26  COVERED STATE ENTITY OR THE STATE. SUCH TERM SHALL ALSO NOT INCLUDE:
   27    (A)  ANY  PORTION  OF  DATA  TO  WHICH A COVERED STATE ENTITY MAY DENY
   28  ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF THIS  CHAPTER  OR  ANY  OTHER
   29  FEDERAL OR STATE LAW, RULE OR REGULATION;
   30    (B) ANY DATA SET THAT CONTAINS A SIGNIFICANT AMOUNT OF DATA TO WHICH A
   31  COVERED STATE ENTITY MAY DENY ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF
   32  THIS CHAPTER OR ANY OTHER PROVISION OF A FEDERAL OR STATE LAW, AND WHERE
   33  REMOVING  SUCH  DATA  WOULD  IMPOSE  UNDUE  FINANCIAL  OR ADMINISTRATIVE
   34  BURDEN;
   35    (C) DATA THAT REFLECTS THE INTERNAL DELIBERATIVE PROCESS OF A  COVERED
   36  STATE  ENTITY INCLUDING BUT NOT LIMITED TO NEGOTIATING POSITIONS, FUTURE
   37  PROCUREMENTS, OR PENDING OR REASONABLY ANTICIPATED LEGAL OR  ADMINISTRA-
   38  TIVE PROCEEDINGS;
   39    (D)  DATA  STORED  ON  A COVERED STATE ENTITY-OWNED PERSONAL COMPUTING
   40  DEVICE, OR DATA STORED ON A PORTION OF A NETWORK THAT  HAS  BEEN  EXCLU-
   41  SIVELY  ASSIGNED  TO  A SINGLE COVERED STATE ENTITY EMPLOYEE OR A SINGLE
   42  COVERED STATE ENTITY OWNED OR CONTROLLED COMPUTING DEVICE;
   43    (E) MATERIALS THAT HAVE BEEN SUBJECT TO COPYRIGHT, PATENT,  TRADEMARK,
   44  CONFIDENTIALITY AGREEMENTS OR TRADE SECRET PROTECTION;
   45    (F)  PROPRIETARY  APPLICATIONS,  COMPUTER  CODE,  SOFTWARE,  OPERATING
   46  SYSTEMS OR SIMILAR MATERIALS; OR
   47    (G)  EMPLOYMENT  RECORDS,  INTERNAL  EMPLOYEE-RELATED  DIRECTORIES  OR
   48  LISTS,   AND   FACILITIES   DATA,   INFORMATION   TECHNOLOGY,   INTERNAL
   49  SERVICE-DESK AND OTHER DATA RELATED TO  INTERNAL  COVERED  STATE  ENTITY
   50  ADMINISTRATION.
   51    5. "TECHNICAL STANDARD" SHALL MEAN:
   52    (A)  THE  COMMON  AND REPEATED USE OF RULES, CONDITIONS, GUIDELINES OR
   53  CHARACTERISTICS FOR PRODUCTS OR RELATED PROCESSES AND  PRODUCTION  METH-
   54  ODS, AND RELATED MANAGEMENT SYSTEMS PRACTICES; AND
   55    (B)  (I)  THE  DEFINITION OF TERMS; (II) CLASSIFICATION OF COMPONENTS;
   56  (III) DELINEATION OF  PROCEDURES;  (IV)  SPECIFICATIONS  OF  DIMENSIONS,
       S. 1651                             3
    1  MATERIALS, PERFORMANCE, DESIGNS OR OPERATIONS; (V) MEASUREMENT OF QUALI-
    2  TY  AND  QUANTITY IN DESCRIBING MATERIALS, PROCESSES, PRODUCTS, SYSTEMS,
    3  SERVICES OR PRACTICES; (VI) TEST METHODS  AND  SAMPLING  PROCEDURES;  OR
    4  (VII) DESCRIPTIONS OF FIT AND MEASUREMENTS OF SIZE OR STRENGTH.
    5    S  99-C.  OPEN  DATA  WEBSITE.  1. AN ONLINE OPEN DATA WEBSITE FOR THE
    6  COLLECTION AND PUBLIC DISSEMINATION OF PUBLISHABLE STATE DATA IS  HEREBY
    7  ESTABLISHED  IN  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN
    8  DATA WEBSITE SHALL BE MAINTAINED AT DATA.NY.GOV OR SUCH OTHER  SUCCESSOR
    9  WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE
   10  BY  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN DATA WEBSITE
   11  WILL PROVIDE ACCESS TO PUBLISHABLE STATE DATA THAT IS OWNED, CONTROLLED,
   12  COLLECTED OR OTHERWISE MAINTAINED BY COVERED STATE ENTITIES.
   13    2. (A) THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN  COORDINATION
   14  WITH THE COMMITTEE FOR OPEN GOVERNMENT, AND THE DATA WORKING GROUP SHALL
   15  COORDINATE  IMPLEMENTATION  AND  EXPANSION  OF  THE OPEN DATA WEBSITE TO
   16  FACILITATE THE SHARING OF INFORMATION.
   17    (B) WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS  ARTICLE,  EACH
   18  COVERED  STATE ENTITY SHALL DESIGNATE A DATA COORDINATOR, WHO SHALL HAVE
   19  AUTHORITY TO MAKE DECISIONS OR OTHERWISE BIND A  COVERED  STATE  ENTITY,
   20  HAVE  KNOWLEDGE OF DATA AND RESOURCES IN USE BY THE ENTITY, AND SHALL BE
   21  RESPONSIBLE FOR THAT COVERED STATE ENTITY'S COMPLIANCE WITH  THIS  ARTI-
   22  CLE.
   23    S 99-D. DATA WORKING GROUP. WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE
   24  DATE  OF  THIS  ARTICLE,  THE  OFFICE OF INFORMATION TECHNOLOGY SERVICES
   25  SHALL ESTABLISH A DATA WORKING GROUP MADE UP OF REPRESENTATIVES FROM THE
   26  OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE  INFORMATION  SECURITY
   27  DIVISION OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE OFFICE OF
   28  GENERAL  SERVICES, THE DIVISION OF BUDGET, THE COMMITTEE ON OPEN GOVERN-
   29  MENT, A REPRESENTATIVE FROM THE DEPARTMENT OF STATE  WITH  EXPERTISE  IN
   30  LOCAL  GOVERNMENTS AND AT LEAST EIGHT BUT NO MORE THAN TWELVE DATA COOR-
   31  DINATORS WHO SHALL REPRESENT AN  APPROPRIATE  CROSS-SECTION  OF  COVERED
   32  STATE  ENTITIES. SUCH DATA COORDINATORS SHALL BE CHOSEN BY THE REPRESEN-
   33  TATIVE OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE DATA  WORK-
   34  ING  GROUP SHALL ASSIST THE OFFICE OF INFORMATION TECHNOLOGY SERVICES IN
   35  CARRYING OUT ITS DUTIES UNDER THIS ARTICLE.
   36    S 99-E. PUBLICATION OF DATA. 1. ALL COVERED STATE ENTITIES SHALL  MAKE
   37  THEIR  PUBLISHABLE  STATE  DATA  AVAILABLE  ON  THE OPEN DATA WEBSITE AS
   38  FOLLOWS:
   39    (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE  AND  THERE-
   40  AFTER,  ALL  PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE ON THE OPEN DATA
   41  WEBSITE. IF A COVERED STATE ENTITY  CANNOT  MAKE  ALL  SUCH  PUBLISHABLE
   42  STATE  DATA AVAILABLE ON THE OPEN DATA WEBSITE PURSUANT TO THIS ARTICLE,
   43  THE COVERED STATE ENTITY SHALL REPORT TO THE OFFICE OF INFORMATION TECH-
   44  NOLOGY SERVICES WHICH PUBLISHABLE STATE DATA THAT IT IS UNABLE  TO  MAKE
   45  AVAILABLE,  THE  REASONS  WHY  IT CANNOT DO SO AND THE DATE BY WHICH THE
   46  COVERED STATE ENTITY EXPECTS THAT SUCH PUBLISHABLE STATE  DATA  WILL  BE
   47  AVAILABLE ON THE OPEN DATA WEBSITE.
   48    (B)  SUCH  PUBLISHABLE  STATE DATA SHALL BE MADE AVAILABLE PURSUANT TO
   49  THIS ARTICLE AND SHALL BE IN A FORMAT THAT PERMITS AUTOMATED  PROCESSING
   50  AND SHALL MAKE USE OF APPROPRIATE TECHNOLOGY TO NOTIFY THE PUBLIC OF ALL
   51  UPDATES.
   52    (C) SUCH PUBLISHABLE STATE DATA SHALL BE UPDATED AS OFTEN AS IS NECES-
   53  SARY  TO  PRESERVE  THE INTEGRITY AND USEFULNESS OF THE DATA SETS TO THE
   54  EXTENT THAT THE COVERED STATE ENTITY REGULARLY MAINTAINS OR UPDATES  THE
   55  PUBLISHABLE STATE DATA AND THE PUBLIC SHALL BE NOTIFIED OF SUCH UPDATES.
       S. 1651                             4
    1    (D)  SUCH  PUBLISHABLE  STATE DATA SHALL BE MADE AVAILABLE WITHOUT ANY
    2  REGISTRATION REQUIREMENT, LICENSE REQUIREMENT OR RESTRICTIONS  ON  THEIR
    3  USE  PROVIDED THAT THE DEPARTMENT MAY REQUIRE A THIRD PARTY PROVIDING TO
    4  THE PUBLIC ANY PUBLISHABLE STATE DATA,  OR  APPLICATION  UTILIZING  SUCH
    5  PUBLISHABLE STATE DATA, TO EXPLICITLY IDENTIFY THE SOURCE AND VERSION OF
    6  THE  PUBLISHABLE STATE DATA, AND A DESCRIPTION OF ANY MODIFICATIONS MADE
    7  TO SUCH  PUBLISHABLE  STATE  DATA.  REGISTRATION  REQUIREMENTS,  LICENSE
    8  REQUIREMENTS  OR  RESTRICTIONS AS USED IN THIS SECTION SHALL NOT INCLUDE
    9  MEASURES REQUIRED TO ENSURE ACCESS TO PUBLISHABLE STATE DATA, TO PROTECT
   10  THE OPEN DATA WEBSITE HOUSING PUBLISHABLE STATE DATA FROM UNLAWFUL ABUSE
   11  OR ATTEMPTS TO DAMAGE OR IMPAIR USE OF THE WEBSITE, OR  TO  ANALYZE  THE
   12  TYPES OF DATA BEING USED TO IMPROVE SERVICE DELIVERY.
   13    (E) SUCH PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE TO EXTERNAL SEARCH
   14  CAPABILITIES.
   15    2.  (A) PUBLISHABLE STATE DATA MADE AVAILABLE PURSUANT TO THIS ARTICLE
   16  IS PROVIDED FOR INFORMATIONAL PURPOSES. THE STATE DOES NOT WARRANTY  THE
   17  COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
   18  USE  OF  ANY  PUBLISHABLE  STATE  DATA  MADE  AVAILABLE ON THE OPEN DATA
   19  WEBSITE, NOR ARE ANY SUCH WARRANTIES TO  BE  IMPLIED  OR  INFERRED  WITH
   20  RESPECT TO THE PUBLISHABLE STATE DATA FURNISHED THEREIN.
   21    (B)  THE  STATE  SHALL  NOT  BE  LIABLE  FOR  ANY  DEFICIENCIES IN THE
   22  COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
   23  USE OF ANY PUBLISHABLE STATE DATA, OR APPLICATION UTILIZING  SUCH  PUBL-
   24  ISHABLE STATE DATA, PROVIDED BY ANY THIRD PARTY.
   25    (C)  THIS  ARTICLE SHALL NOT BE CONSTRUED TO CREATE A PRIVATE RIGHT OF
   26  ACTION TO ENFORCE ITS PROVISIONS. FAILURE TO COMPLY  WITH  THIS  ARTICLE
   27  SHALL NOT RESULT IN LIABILITY TO A COVERED STATE ENTITY.
   28    S  99-F.  PARTICIPATION BY OTHER STATE ENTITIES AND POLITICAL SUBDIVI-
   29  SIONS. STATE AGENCIES AND AUTHORITIES AND POLITICAL SUBDIVISIONS OF  THE
   30  STATE OTHER THAN COVERED STATE ENTITIES MAY SUBMIT DATA TO THE OPEN DATA
   31  WEBSITE  FOR  PUBLICATION IN ACCORDANCE WITH THIS ARTICLE. THE OFFICE OF
   32  INFORMATION TECHNOLOGY SERVICES SHALL ASSIST SUCH AGENCIES AND  AUTHORI-
   33  TIES  AND SUCH POLITICAL SUBDIVISIONS TO USE THE OPEN DATA WEBSITE. SUCH
   34  ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO,  TECHNICAL  ASSISTANCE,
   35  AND  ACCOMMODATIONS SHALL BE MADE FOR VARIATIONS AMONG SUCH AGENCIES AND
   36  AUTHORITIES AND SUCH POLITICAL  SUBDIVISIONS'  CAPACITY  AND  EQUIPMENT.
   37  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO COMPEL SUCH AGENCIES AND
   38  AUTHORITIES AND SUCH POLITICAL SUBDIVISIONS TO SUBMIT DATA TO  THE  OPEN
   39  DATA WEBSITE.
   40    S  99-G.  GUIDELINES.  WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
   41  DATE OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES,  IN
   42  CONSULTATION  WITH  THE  DATA  WORKING  GROUP, AND THE COMMITTEE ON OPEN
   43  GOVERNMENT, SHALL PREPARE AND PUBLISH GUIDELINES FOR THE  PUBLISHING  OF
   44  PUBLISHABLE  STATE  DATA IN RAW OR UNPROCESSED FORM THROUGH AN OPEN DATA
   45  WEBSITE BY COVERED STATE ENTITIES FOR THE PURPOSE OF MAKING PUBLIC  DATA
   46  AVAILABLE TO THE GREATEST NUMBER OF USERS AND FOR THE GREATEST NUMBER OF
   47  APPLICATIONS AND SHALL, WHENEVER PRACTICABLE, USE OPEN STANDARDS FOR WEB
   48  PUBLISHING.  SUCH GUIDELINES SHALL IDENTIFY THE REASONS WHY EACH TECHNI-
   49  CAL STANDARD WAS SELECTED AND FOR WHICH TYPES OF DATA IT  IS  APPLICABLE
   50  AND  MAY  RECOMMEND  OR  REQUIRE THAT DATA BE PUBLISHED IN MORE THAN ONE
   51  TECHNICAL STANDARD. THE GUIDELINES SHALL INCLUDE  A  PLAN  TO  ADOPT  OR
   52  UTILIZE A WEB APPLICATION PROGRAMMING INTERFACE THAT PERMITS APPLICATION
   53  PROGRAMS TO REQUEST AND RECEIVE PUBLISHABLE STATE DATA DIRECTLY FROM THE
   54  WEB  PORTAL.  SUCH GUIDELINES SHALL BE UPDATED AS NECESSARY. SUCH GUIDE-
   55  LINES SHALL ALSO:
       S. 1651                             5
    1    (A) PROVIDE MODELS AND GUIDANCE FOR COVERED STATE ENTITIES  TO  FOLLOW
    2  WHEN CREATING THEIR DATA SETS;
    3    (B)  PROVIDE  GUIDANCE TO COVERED STATE ENTITIES ON SETTING A SCHEDULE
    4  FOR INITIAL AND ONGOING PUBLICATION OF DATA ON  THE  OPEN  DATA  WEBSITE
    5  INCLUDING BUT NOT LIMITED TO REQUIRING:
    6    (I)  CONSULTATION  WITH  THE  DIRECTORS AND STAFF OF THE COVERED STATE
    7  ENTITY'S PUBLIC AFFAIRS OR PUBLIC  INFORMATION,  LEGAL  AND  FREEDOM  OF
    8  INFORMATION LAW OFFICES;
    9    (II)  PRIORITIZATION  OF  PUBLICATION  OF  DATA BASED ON THE EXTENT TO
   10  WHICH THE DATA CAN BE  USED  TO  INCREASE  THE  COVERED  STATE  ENTITY'S
   11  ACCOUNTABILITY AND RESPONSIVENESS, IMPROVE PUBLIC KNOWLEDGE OF THE ENTI-
   12  TY AND ITS OPERATIONS, FURTHER THE MISSION OF THE ENTITY, CREATE ECONOM-
   13  IC  OPPORTUNITY,  OR RESPOND TO A NEED OR DEMAND IDENTIFIED AFTER PUBLIC
   14  CONSULTATION;
   15    (C) PROVIDE GUIDELINES FOR IDENTIFYING AND REVIEWING PUBLISHABLE STATE
   16  DATA BY COVERED STATE ENTITIES BEFORE PUBLICATION;
   17    (D) PROVIDE UNIFORM STANDARDS FOR THE FORMAT  OF  DATA  SUBMITTED  FOR
   18  PUBLICATION ON THE OPEN DATA WEBSITE;
   19    (E) SET FORTH THE OPEN DATA WEBSITE TERMS OF USE;
   20    (F)  PROVIDE  GUIDELINES  ON PARTICIPATION BY AGENCIES AND AUTHORITIES
   21  OTHER THAN COVERED STATE ENTITIES AND PARTICIPATION BY POLITICAL  SUBDI-
   22  VISIONS;
   23    (G)  PROVIDE  GUIDANCE  ON  THE PUBLICATION OF NARRATIVE DATA, SUCH AS
   24  REPORTS; AND
   25    (H) ANY OTHER GUIDELINES NECESSARY  FOR  THE  IMPLEMENTATION  OF  THIS
   26  ARTICLE.
   27    S  99-H.  REPORTING  REQUIREMENTS.  1.  WITHIN  EIGHTEEN MONTHS OF THE
   28  EFFECTIVE DATE OF THIS ARTICLE, THE  OFFICE  OF  INFORMATION  TECHNOLOGY
   29  SERVICES  SHALL  SUBMIT A COMPLIANCE PLAN TO THE GOVERNOR, THE TEMPORARY
   30  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND  SHALL  MAKE
   31  SUCH  PLAN  AVAILABLE  TO  THE  PUBLIC  ON THE OPEN DATA WEBSITE.   EACH
   32  COVERED STATE ENTITY SHALL COOPERATE  WITH  THE  OFFICE  OF  INFORMATION
   33  TECHNOLOGY  SERVICES  IN  ITS  PREPARATION  OF SUCH PLAN. THE PLAN SHALL
   34  INCLUDE A SUMMARY  DESCRIPTION  OF  PUBLISHABLE  STATE  DATA  UNDER  THE
   35  CONTROL  OF  EACH COVERED STATE ENTITY ON OR AFTER THE EFFECTIVE DATE OF
   36  THIS ARTICLE, AND SHALL  PRIORITIZE  SUCH  PUBLISHABLE  STATE  DATA  FOR
   37  INCLUSION  ON THE OPEN DATA WEBSITE. IF PUBLISHABLE STATE DATA CANNOT BE
   38  MADE  AVAILABLE  ON  THE  OPEN  DATA  WEBSITE  ON  OR  BEFORE   DECEMBER
   39  THIRTY-FIRST,  TWO  THOUSAND  EIGHTEEN, THE PLAN SHALL STATE THE REASONS
   40  WHY SUCH SET OR SETS OF DATA CANNOT  BE  MADE  AVAILABLE,  AND,  TO  THE
   41  EXTENT PRACTICABLE, THE DATE BY WHICH THE COVERED STATE ENTITY THAT OWNS
   42  THE DATA BELIEVES THAT IT WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
   43    (2)  FOR  PURPOSES  OF  PRIORITIZING  PUBLISHABLE STATE DATA, AGENCIES
   44  SHALL CONSIDER WHETHER INFORMATION EMBODIED  IN  THE  PUBLISHABLE  STATE
   45  DATA: (A) CAN BE USED TO INCREASE COVERED STATE ENTITIES' ACCOUNTABILITY
   46  AND  RESPONSIVENESS;  (B) IMPROVES PUBLIC KNOWLEDGE OF THE COVERED STATE
   47  ENTITY AND ITS OPERATIONS; (C) FURTHERS THE MISSION OF THE COVERED STATE
   48  ENTITY; (D) CREATES ECONOMIC OPPORTUNITY; OR (E) RESPONDS TO A  NEED  OR
   49  DEMAND IDENTIFIED BY PUBLIC CONSULTATION.
   50    (3) NO LATER THAN JULY FIFTEENTH, TWO THOUSAND EIGHTEEN AND EVERY JULY
   51  FIFTEENTH  THEREAFTER,  THE  OFFICE  OF  INFORMATION TECHNOLOGY SERVICES
   52  SHALL SUBMIT AND POST ON THE WEB PORTAL AN UPDATE OF THE COMPLIANCE PLAN
   53  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND  THE  SPEAKER
   54  OF THE ASSEMBLY UNTIL ALL PUBLISHABLE STATE DATA HAS BEEN MADE AVAILABLE
   55  THROUGH  AN  OPEN  DATA  WEBSITE  IN  COMPLIANCE WITH THIS ARTICLE. SUCH
   56  UPDATE SHALL INCLUDE THE SPECIFIC MEASURES UNDERTAKEN TO MAKE  PUBLISHA-
       S. 1651                             6
    1  BLE  STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE SINCE THE IMMEDIATELY
    2  PRECEDING UPDATE, SPECIFIC MEASURES THAT WILL BE UNDERTAKEN PRIOR TO THE
    3  NEXT UPDATE, AN UPDATE TO THE LIST OF PUBLISHABLE  STATE  DATA  AND,  IF
    4  NECESSARY,  ANY CHANGES TO THE PRIORITIZATION OF PUBLISHABLE STATE DATA.
    5  IF PUBLISHABLE STATE DATA CANNOT BE MADE  AVAILABLE  ON  THE  OPEN  DATA
    6  WEBSITE  ON  OR  BEFORE  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, THE
    7  UPDATE SHALL STATE THE REASONS WHY IT CANNOT AND, TO THE EXTENT  PRACTI-
    8  CABLE,  THE  DATE  BY  WHICH THE COVERED STATE ENTITY BELIEVES THAT SUCH
    9  PUBLISHABLE STATE DATA WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
   10    S 99-I. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
   11  TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS  ADJUDGED  INVALID  BY  A
   12  COURT  OF  COMPETENT  JURISDICTION,  SUCH  JUDGMENT  SHALL NOT AFFECT OR
   13  IMPAIR THE VALIDITY OF THE OTHER PROVISIONS OF THE ARTICLE OR THE APPLI-
   14  CATION THEREOF TO OTHER PERSONS AND CIRCUMSTANCES.
   15    S 2. Section 103 of the state technology law is amended  by  adding  a
   16  new subdivision 22 to read as follows:
   17    22.  TO  CREATE  AND  MAINTAIN THE OPEN DATA WEBSITE AND CARRY OUT THE
   18  DUTIES PURSUANT TO ARTICLE SIX-B OF THE PUBLIC OFFICERS LAW.
   19    S 3. This act shall take effect on the ninetieth day  after  it  shall
   20  have become a law.