Senate Bill S2187

2015-2016 Legislative Session

Relates to records containing trade secrets or confidential commercial information

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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2015-S2187 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §87, Pub Off L; add §114-b, Pub Serv L
Versions Introduced in 2017-2018 Legislative Session:
S1204

2015-S2187 (ACTIVE) - Summary

Relates to records containing trade secrets or confidential commercial information.

2015-S2187 (ACTIVE) - Sponsor Memo

2015-S2187 (ACTIVE) - Bill Text download pdf

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

                                  2187

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- 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 public service  law,  in
  relation to trade secrets

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

  Section 1. Paragraph (d) of subdivision 2 of section 87 of the  public
officers  law, as amended by chapter 289 of the laws of 1990, is amended
to read as follows:
  (d) are trade secrets or are submitted to an agency  by  a  commercial
enterprise or derived from information obtained from a commercial enter-
prise  and  which  if  disclosed  would  cause substantial injury to the
competitive position of the subject enterprise; FOR THE PURPOSES OF THIS
SECTION, THE TERM "TRADE  SECRETS"  SHALL  MEAN  ANY  FORMULA,  PATTERN,
DEVICE  OR  COMPILATION  OF  INFORMATION  WHICH  IS USED IN A COMMERCIAL
ENTERPRISE, AND WHICH PROVIDES AN OPPORTUNITY  TO  OBTAIN  AN  ADVANTAGE
OVER COMPETITORS WHO DO NOT KNOW OR HAVE ACCESS TO IT;
  S  2.  The public service law is amended by adding a new section 114-b
to read as follows:
  S 114-B. RECORDS CONTAINING TRADE SECRETS OR  CONFIDENTIAL  COMMERCIAL
INFORMATION.  1.  ANY  INFORMATION FILED WITH THE COMMISSION BY A PUBLIC
UTILITY COMPANY IN CONNECTION WITH ANY PROCEEDING RELATING TO  ANY  RATE
OR  CHARGE TO BE IMPOSED ON CUSTOMERS SHALL BE PRESUMED TO BE SUBJECT TO
PUBLIC DISCLOSURE IN ACCORDANCE WITH ARTICLE SIX OF THE PUBLIC  OFFICERS
LAW.
  2.  (A)  ANY  PUBLIC  UTILITY COMPANY SUBMITTING RECORDS IN CONNECTION
WITH ANY PROCEEDING RELATING TO ANY RATE OR CHARGE IMPOSED ON  CUSTOMERS
REQUESTING  TRADE  SECRET OR CONFIDENTIAL COMMERCIAL STATUS FOR ALL OR A
PORTION OF THE INFORMATION CONTAINED THEREIN SHALL SUBMIT  SUCH  RECORDS
TO  THE  DEPARTMENT  AND  SHALL CLEARLY IDENTIFY THE RECORDS OR PORTIONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01540-01-5
              

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