Senate Bill S27

2019-2020 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 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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2019-S27 (ACTIVE) - Details

See Assembly Version of this Bill:
A4039
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6110
2015-2016: S2921, A6637
2017-2018: S79, A3433
2021-2022: S1506, A6895
2023-2024: S3257, A9975

2019-S27 (ACTIVE) - Summary

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

2019-S27 (ACTIVE) - Sponsor Memo

2019-S27 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    27
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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, 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 and 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.

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

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