Assembly Bill A3433

2017-2018 Legislative Session

Requires entities that submit records to state agencies that are excepted from disclosure under FOIL to periodically re-apply for the exception

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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2017-A3433 (ACTIVE) - Details

See Senate Version of this Bill:
S79
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6110
2015-2016: A6637, S2921
2019-2020: A4039, S27
2021-2022: A6895, S1506
2023-2024: A9975, S3257

2017-A3433 (ACTIVE) - Summary

Requires entities that submit records to state agencies that are excepted from disclosure under FOIL to periodically re-apply for the exception.

2017-A3433 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3433
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT, BRONSON, TITONE -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the public officers law, in relation to requiring  enti-
   ties  that  submit  records  to  state agencies that are excepted from
   disclosure under the freedom of information law to periodically re-ap-
   ply for the exception
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 5 of section 89 of the public officers law, as
 added by chapter 890 of the laws of 1981, paragraph (a)  as  amended  by
 chapter 403 of the laws of 2003, paragraph (d) as amended by chapter 339
 of the laws of 2004, is amended to read as follows:
   5.  (a)  (1) A person acting pursuant to law or regulation who, subse-
 quent to the effective date of this subdivision, submits any information
 to any state agency may, at the time of  submission,  request  that  the
 agency  except  such  information from disclosure under paragraph (d) of
 subdivision two of section  eighty-seven  of  this  article.  Where  the
 request  itself contains information which if disclosed would defeat the
 purpose for which the exception is sought, such information  shall  also
 be excepted from disclosure.
   (1-a)  A person or entity who submits or otherwise makes available any
 records to any agency, may, at  any  time,  identify  those  records  or
 portions  thereof  that may contain critical infrastructure information,
 and request that the agency that  maintains  such  records  except  such
 information from disclosure under subdivision two of section eighty-sev-
 en  of this article. Where the request itself contains information which
 if disclosed would defeat the purpose for which the exception is sought,
 such information shall also be excepted from disclosure.
   (2) (I) The request for  an  exception  shall  be  in  writing,  SHALL
 SPECIFICALLY  IDENTIFY  WHICH  PORTIONS OF THE RECORD ARE THE SUBJECT OF
 THE REQUEST FOR EXCEPTION and state  the  reasons  why  the  information
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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