Assembly Bill A9975

2023-2024 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

Current 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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2023-A9975 (ACTIVE) - Details

See Senate Version of this Bill:
S3257
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
2021-2022: A6895, S1506

2023-A9975 (ACTIVE) - Summary

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

2023-A9975 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9975
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- 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
 should be excepted, FOR A DEFINED PERIOD OF TIME, from disclosure.   THE
 SUBMITTER  MAY ALSO PROVIDE A DATE BY WHICH SUCH EXCEPTION SHALL EXPIRE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07823-01-3
              

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