Assembly Bill A6895

2021-2022 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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2021-A6895 (ACTIVE) - Details

See Senate Version of this Bill:
S1506
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
2017-2018: A3433, S79
2019-2020: A4039, S27
2023-2024: A9975, S3257

2021-A6895 (ACTIVE) - Summary

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

2021-A6895 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6895
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, BRONSON -- 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 and paragraph (d) as amended by  chapter
 707 of the laws of 2019, 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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