Assembly Bill A4768

2011-2012 Legislative Session

Enacts the constituent casework protection act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A4768 (ACTIVE) - Details

See Senate Version of this Bill:
S2645
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §80, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: S1659
2015-2016: S2960

2011-A4768 (ACTIVE) - Summary

Relates to prohibiting the destruction of constituent files by public officials; provides penalties; defines terms.

2011-A4768 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4768

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by  M. of A. BOYLE, CERETTO, MALLIOTAKIS, MONTESANO, MURRAY,
  REILICH -- Multi-Sponsored by -- M. of A.  BURLING,  BUTLER,  CALHOUN,
  CONTE, CORWIN, CROUCH, CURRAN, DUPREY, FITZPATRICK, GABRYSZAK, GIGLIO,
  GRAF,  JORDAN,  KELLNER,  McDONOUGH,  McKEVITT,  McLAUGHLIN, MOLINARO,
  OAKS, RABBITT, RAIA, SAYWARD, SPANO, THIELE -- read once and  referred
  to the Committee on Governmental Operations

AN  ACT to amend the public officers law, in relation to prohibiting the
  destruction of constituent case files by public officials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "constitu-
ent casework protection act".
  S 2. Section 80 of the public officers law, as amended by chapter  556
of the laws of 1925, is amended to read as follows:
  S 80. Delivery  of  books and papers, money and property.  1. A public
officer shall demand from his OR HER predecessor in office or any person
in whose possession they may be, a delivery to such officer of all books
and papers, money and property belonging or appertaining to such office.
If such demand is refused, such officer may make  complaint  thereof  to
any justice of the supreme court of the district, or to the county judge
of  the  county in which the person refusing resides. If such justice or
judge be satisfied that such books or papers,  money  and  property  are
withheld,  he  OR SHE shall grant an order directing the person refusing
to show cause before him OR HER at a time specified therein, why  he  OR
SHE  should  not deliver the same. At such time, or at any time to which
the matter may be adjourned, on proof of the due service of  the  order,
such  justice  or judge shall proceed to inquire into the circumstances.
If the person charged with withholding such books or papers,  money  and
property makes affidavit before such justice or judge that he OR SHE has
delivered to the officer all books and papers, money and property in his
OR  HER  custody  which,  within  his OR HER knowledge, or to his OR HER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07622-05-1
              

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