§ 2. Section 87 of the public officers law, as added by chapter 933 of
the laws of 1977, paragraph (a) and the opening paragraph of paragraph
(b) of subdivision 1 as amended by chapter 80 of the laws of 1983,
subparagraph iii of paragraph (b) of subdivision 1 as amended and para-
graph (c) of subdivision 1 and subdivision 5 as added by chapter 223 of
the laws of 2008, the opening paragraph and paragraph (e) of subdivision
2 as amended and subdivision 6 as added by chapter 808 of the laws of
2021, paragraph (d) of subdivision 2 as amended by chapter 289 of the
laws of 1990, paragraph (f) of subdivision 2 as amended by chapter 403
of the laws of 2003, paragraph (g) of subdivision 2 as amended by chap-
ter 510 of the laws of 1999, paragraph (i) of subdivision 2 as amended
by chapter 154 of the laws of 2010, paragraph (j) of subdivision 2 as
added by chapter 746 of the laws of 1988, paragraph (k) of subdivision 2
as separately added by chapters 19, 20 and 23 of the laws of 2009, para-
graph (l) of subdivision 2 as added by section 12 of part II of chapter
59 of the laws of 2010, paragraph (m) of subdivision 2 as added by chap-
ter 189 of the laws of 2013, paragraph (n) of subdivision 2 as separate-
ly added by chapters 99, 101, and 123 of the laws of 2014, paragraph (o)
of subdivision 2 as added by chapter 222 of the laws of 2015, paragraph
(p) of subdivision 2 as added by section 7 of subpart A of part ZZZ of
chapter 59 of the laws of 2019, paragraph (p) of subdivision 2 as added
by chapter 148 of the laws of 2019, paragraph (q) of subdivision 2 as
added by chapter 145 of the laws of 2019, paragraph (r) of subdivision 2
as added by chapter 421 of the laws of 2021, paragraph (r) of subdivi-
sion 2 as added by chapter 460 of the laws of 2021, paragraph (r) of
subdivision 2 as added by chapter 773 of the laws of 2021, paragraph (c)
of subdivision 3 as amended by chapter 499 of the laws of 2008, subdivi-
sion 4 as added by chapter 890 of the laws of 1981, paragraph (c) of
subdivision 4 as added by chapter 102 of the laws of 2007 and subdivi-
sions 4-a and 4-b as added by chapter 96 of the laws of 2020, is amended
to read as follows:
§ 87. Access to agency OR STATE LEGISLATURE records. 1. (a) Within
sixty days after the effective date of this article, the governing body
of each public corporation shall promulgate uniform rules and regu-
lations for all agencies in such public corporation pursuant to such
general rules and regulations as may be promulgated by the committee on
open government in conformity with the provisions of this article,
pertaining to the administration of this article.
(b) Each agency AND EACH HOUSE OF THE STATE LEGISLATURE shall promul-
gate rules and regulations, in conformity with this article and applica-
ble rules and regulations promulgated pursuant to the provisions of
paragraph (a) of this subdivision, and pursuant to such general rules
and regulations as may be promulgated by the committee on open govern-
ment in conformity with the provisions of this article, pertaining to
the availability of records and procedures to be followed, including,
but not limited to:
i. the times and places such records are available;
ii. the persons from whom such records may be obtained[,]; and
iii. the fees for copies of records which shall not exceed twenty-five
cents per photocopy not in excess of nine inches by fourteen inches, or
the actual cost of reproducing any other record in accordance with the
provisions of paragraph (c) of this subdivision, except when a different
fee is otherwise prescribed by statute.
(c) In determining the actual cost of reproducing a record, an agency
AND THE STATE LEGISLATURE may include only:
A. 7002--A 3
i. an amount equal to the hourly salary attributed to the lowest paid
EMPLOYEE OF AN agency or [employee] RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE who has the necessary skill required to prepare a copy of the
requested record;
ii. the actual cost of the storage devices or media provided to the
person making the request in complying with such request;
iii. the actual cost to the agency OR TO THE RESPECTIVE HOUSE OF THE
STATE LEGISLATURE of engaging an outside professional service to prepare
a copy of a record, but only when an agency's OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE'S information technology equipment is inadequate to
prepare a copy, if such service is used to prepare the copy; and
iv. preparing a copy shall not include search time or administrative
costs, and no fee shall be charged unless at least two hours of agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE employee time is needed to
prepare a copy of the record requested. A person requesting a record
shall be informed of the estimated cost of preparing a copy of the
record if more than two hours of an agency OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE employee's time is needed, or if an outside profes-
sional service would be retained to prepare a copy of the record.
2. Each agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall, in accordance with its published rules, make available for public
inspection and copying all records, except those records or portions
thereof that may be withheld pursuant to the exceptions of rights of
access appearing in this subdivision. A denial of access shall not be
based solely on the category or type of such record and shall be valid
only when there is a particularized and specific justification for such
denial. Each agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall, in accordance with its published rules, make available for public
inspection and copying all records, except that such agency AND THE
RESPECTIVE HOUSE OF THE STATE LEGISLATURE may deny access to records or
portions thereof that:
(a) are specifically exempted from disclosure by state or federal
statute;
(b) if disclosed would constitute an unwarranted invasion of personal
privacy under the provisions of subdivision two of section eighty-nine
of this article;
(c) if disclosed would impair present or imminent contract awards or
collective bargaining negotiations PROVIDED, HOWEVER, THAT THE PROPOSED
TERMS OF AN AGREEMENT BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE ORGAN-
IZATION, AS THOSE TERMS ARE DEFINED IN ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW, THAT REQUIRE RATIFICATION BY MEMBERS OF THE EMPLOYEE ORGAN-
IZATION OR BY THE PUBLIC EMPLOYER, WHERE APPLICABLE, OR APPROVAL OF SUCH
PROVISIONS BY THE APPROPRIATE LEGISLATIVE BODY AS REQUIRED BY SECTION
TWO HUNDRED FOUR-A OF THE CIVIL SERVICE LAW, SHALL BE MADE AVAILABLE TO
THE PUBLIC NO LATER THAN WHEN SUCH PROPOSED TERMS ARE SENT TO MEMBERS OF
THE EMPLOYEE ORGANIZATION FOR RATIFICATION, WHEN SUCH TERMS ARE
PRESENTED TO THE EMPLOYER FOR RATIFICATION, WHERE APPLICABLE, OR WHEN
THE PROVISIONS OF SUCH AGREEMENT REQUIRING APPROVAL BY THE APPROPRIATE
LEGISLATIVE BODY PURSUANT TO SECTION TWO HUNDRED FOUR-A OF THE CIVIL
SERVICE LAW ARE SUBMITTED TO SUCH BODY, WHICHEVER DATE IS EARLIEST.
ADDITIONALLY, A COPY OF THE PROPOSED TERMS OF SUCH AGREEMENT SHALL BE
PLACED ON THE WEBSITE OF THE APPLICABLE PUBLIC EMPLOYER, IF SUCH
WEBSITES EXIST, AND WITHIN THE LOCAL PUBLIC LIBRARIES AND OFFICES OF
SUCH PUBLIC EMPLOYER, OR IN THE CASE OF COLLECTIVE BARGAINING AGREEMENTS
NEGOTIATED BY THE STATE, ON THE WEBSITE OF THE OFFICE OF EMPLOYEE
RELATIONS ON SUCH DATE;
A. 7002--A 4
(d) are trade secrets or are submitted to an agency OR TO THE RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE by a commercial enterprise or
derived from information obtained from a commercial enterprise and which
if disclosed would cause substantial injury to the competitive position
of the subject enterprise;
(e) are prepared or created for law enforcement purposes only to the
extent that disclosure would:
i. interfere with law enforcement investigations or judicial
proceedings, provided however, that any agency considering denying
access pursuant to this subparagraph shall proceed in accordance with
subdivision six of this section;
ii. deprive a person of a right to a fair trial or impartial adjudi-
cation;
iii. identify a confidential source or disclose confidential informa-
tion relating to a criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except
routine techniques and procedures;
(f) if disclosed could endanger CRITICAL INFRASTRUCTURE OR the life or
safety of any person;
(g) are inter-agency or intra-agency materials which are not:
i. statistical or factual tabulations or data;
ii. instructions to staff that affect the public;
iii. final agency policy or determinations;
iv. external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]
(G-1) ARE MATERIALS EXCHANGED WITHIN THE STATE LEGISLATURE WHICH ARE
NOT:
I. STATISTICAL OR FACTUAL TABULATIONS OR DATA;
II. INSTRUCTIONS TO STAFF THAT AFFECT THE PUBLIC;
III. FINAL POLICY OR DETERMINATIONS OF THE RESPECTIVE HOUSE OF THE
STATE LEGISLATURE;
IV. EXTERNAL AUDITS, INCLUDING BUT NOT LIMITED TO AUDITS PERFORMED BY
THE COMPTROLLER AND THE FEDERAL GOVERNMENT;
(h) are examination questions or answers which are requested prior to
the final administration of such questions[.];
(i) if disclosed, would jeopardize the capacity of an agency, THE
STATE LEGISLATURE, or an entity that has shared information with an
agency OR THE STATE LEGISLATURE to guarantee the security of its infor-
mation technology assets, such assets encompassing both electronic
information systems and infrastructures; [or]
(j) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-a of
the vehicle and traffic law[.];
(k) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-b of
the vehicle and traffic law[.];
(l) are photographs, microphotographs, videotape or other recorded
images produced by a bus lane photo device prepared under authority of
section eleven hundred eleven-c of the vehicle and traffic law[.];
(m) are photographs, microphotographs, videotape or other recorded
images prepared under the authority of section eleven hundred eighty-b
of the vehicle and traffic law[.];
(n) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-d of
the vehicle and traffic law[.];
A. 7002--A 5
(o) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-e of
the vehicle and traffic law[.];
(p) are data or images produced by an electronic toll collection
system under authority of article forty-four-C of the vehicle and traf-
fic law and in title three of article three of the public authorities
law[.];
(p) are photographs, microphotographs, videotape or other recorded
images prepared under the authority of section eleven hundred eighty-d
of the vehicle and traffic law[.];
(q) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred seventy-four-a
of the vehicle and traffic law[.];
(r) are photographs, microphotographs, videotape or other recorded
images prepared under the authority of section eleven hundred eighty-e
of the vehicle and traffic law[.
(r)];
(S) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-f of
the vehicle and traffic law[.
(r)]; OR
(T) are photographs, microphotographs, videotape or other recorded
images or information and data prepared under authority of section three
hundred eighty-five-a of the vehicle and traffic law.
3. Each agency AND RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
maintain:
(a) a record of the final vote of each member in every agency OR STATE
LEGISLATURE proceeding in which the member votes;
(B) A RECORD OF VOTES OF EACH MEMBER IN EVERY SESSION AND EVERY
COMMITTEE AND SUBCOMMITTEE MEETING IN WHICH THE MEMBER OF THE SENATE OR
ASSEMBLY VOTES;
[(b)] (C) a record setting forth the name, public office address,
title and salary of every officer or employee of the agency OR THE STATE
LEGISLATURE; and
[(c)] (D) a reasonably detailed current list by subject matter of all
records in the possession of the agency OR STATE LEGISLATURE, whether or
not available under this article. Each agency AND EACH RESPECTIVE HOUSE
OF THE STATE LEGISLATURE shall update its subject matter list annually,
and the date of the most recent update shall be conspicuously indicated
on the list. [Each] THE STATE LEGISLATURE AND EACH state agency as
defined in subdivision four of this section that maintains a website
shall post its current list on its website and such posting shall be
linked to the website of the committee on open government. Any such
agency OR PART OF THE STATE LEGISLATURE that does not maintain a website
shall arrange to have its list posted on the website of the committee on
open government.
4. (a) Each state agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
which maintains records containing trade secrets, to which access may be
denied pursuant to paragraph (d) of subdivision two of this section,
shall promulgate regulations in conformity with the provisions of subdi-
vision five of section eighty-nine of this article pertaining to such
records, including, but not limited to the following:
(1) the manner of identifying the records or parts;
(2) the manner of identifying persons within the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE to whose custody the records or parts
A. 7002--A 6
will be charged and for whose inspection and study the records will be
made available;
(3) the manner of safeguarding against any unauthorized access to the
records.
(b) As used in this subdivision the term "agency" or "state agency"
means only a state department, board, bureau, division, council [or],
office and any public corporation the majority of whose members are
appointed by the governor.
(c) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
(D) Each state agency AND RESPECTIVE HOUSE OF THE STATE LEGISLATURE
that maintains a website shall post information related to this article
and article six-A of this chapter on its website. Such information shall
include, at a minimum, contact information for the persons from whom
records of the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may
be obtained, the times and places such records are available for
inspection and copying, and information on how to request records in
person, by mail, and, if the agency OR RESPECTIVE HOUSE OF THE STATE
LEGISLATURE accepts requests for records electronically, by e-mail. This
posting shall be linked to the website of the committee on open govern-
ment.
4-a. A law enforcement agency responding to a request for law enforce-
ment disciplinary records as defined in section eighty-six of this arti-
cle shall redact any portion of such record containing the information
specified in subdivision two-b of section eighty-nine of this article
prior to disclosing such record under this article.
4-b. A law enforcement agency responding to a request for law enforce-
ment disciplinary records, as defined in section eighty-six of this
article, may redact any portion of such record containing the informa-
tion specified in subdivision two-c of section eighty-nine of this arti-
cle prior to disclosing such record under this article.
5. (a) An agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall provide records on the medium requested by a person, if the agency
OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE can reasonably make
such copy or have such copy made by engaging an outside professional
service. Records provided in a computer format shall not be encrypted.
(b) No agency NOR THE STATE LEGISLATURE shall enter into or renew a
contract for the creation or maintenance of records if such contract
impairs the right of the public to inspect or copy the agency's OR THE
STATE LEGISLATURE'S records.
6. When a request is made for agency OR STATE LEGISLATIVE records and
the agency OR HOUSE OF THE STATE LEGISLATURE receiving such request is
considering denying access pursuant to subparagraph i of paragraph (e)
of subdivision two of this section on the grounds that disclosure would
interfere with a judicial proceeding, the agency OR HOUSE OF THE STATE
LEGISLATURE receiving such request shall promptly notify, in writing,
the judge before whom such judicial proceeding is pending and the person
making the request. Such judge shall notify the person requesting the
record of its receipt, and offer the person requesting the record a
reasonable opportunity to be heard. After due deliberation, such judge
shall determine whether access to such records should be denied pursuant
to subparagraph i of paragraph (e) of subdivision two of this section
and shall submit such determination in writing to the agency OR HOUSE OF
THE STATE LEGISLATURE and the person requesting the record. The agency
A. 7002--A 7
shall then proceed as required pursuant to this article, in accordance
with the court's determination.
7. (A) EACH AGENCY AND HOUSE OF THE STATE LEGISLATURE SHALL PUBLISH,
ON ITS INTERNET WEBSITE, TO THE EXTENT PRACTICABLE, RECORDS OR PORTIONS
OF RECORDS THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO THE PROVISIONS
OF THIS ARTICLE, OR WHICH, IN CONSIDERATION OF THEIR NATURE, CONTENT OR
SUBJECT MATTER, ARE DETERMINED BY THE AGENCY OR HOUSE OF THE STATE
LEGISLATURE TO BE OF SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH
RECORDS MAY BE REMOVED FROM THE INTERNET WEBSITE WHEN THE AGENCY OR
HOUSE OF THE STATE LEGISLATURE DETERMINES THAT THEY ARE NO LONGER OF
SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM
THE INTERNET WEBSITE WHEN THEY HAVE REACHED THE END OF THEIR LEGAL
RETENTION PERIOD. GUIDANCE ON CREATING RECORDS IN ACCESSIBLE FORMATS AND
ENSURING THEIR CONTINUING ACCESSIBILITY SHALL BE AVAILABLE FROM THE
OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE STATE ARCHIVES.
(B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
APPLY TO RECORDS OR PORTIONS OF RECORDS THE DISCLOSURE OF WHICH WOULD
CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL PRIVACY IN ACCORDANCE
WITH SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THIS ARTICLE.
(C) THE COMMITTEE ON OPEN GOVERNMENT SHALL PROMULGATE GUIDELINES TO
EFFECTUATE THIS SUBDIVISION.
(D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS TO LIMIT OR
ABRIDGE THE POWER OF AN AGENCY OR HOUSE OF THE STATE LEGISLATURE TO
PUBLISH RECORDS ON ITS INTERNET WEBSITE THAT ARE SUBJECT TO THE
PROVISIONS OF THIS ARTICLE PRIOR TO A WRITTEN REQUEST OR PRIOR TO A
FREQUENT REQUEST.
§ 3. Section 88 of the public officers law is REPEALED.
§ 4. Section 89 of the public officers law, as added by chapter 933 of
the laws of 1977, paragraph (a) of subdivision 1 as amended by chapter
33 of the laws of 1984, paragraph (b) of subdivision 1 as amended by
chapter 182 of the laws of 2006, subdivision 2 as amended by section 11
of part U of chapter 61 of the laws of 2011, paragraph (b) of subdivi-
sion 2 as amended by section 2 of part GGG of chapter 59 of the laws of
2019, subdivision 2-a as added by chapter 652 of the laws of 1983,
subdivisions 2-b and 2-c as added by chapter 96 of the laws of 2020,
subdivision 3 as amended by chapter 223 of the laws of 2008, paragraph
(c) of subdivision 3 as added by chapter 47 of the laws of 2018, subdi-
vision 4 as amended by chapter 22 of the laws of 2005, paragraph (c) of
subdivision 4 as amended by chapter 453 of the laws of 2017, paragraph
(d) of subdivision 4 as added by chapter 487 of the laws of 2016, subdi-
vision 5 as added by chapter 890 of the laws of 1981, paragraph (a) of
subdivision 5 as amended by chapter 403 of the laws of 2003, paragraph
(d) of subdivision 5 as amended by chapter 707 of the laws of 2019,
subdivision 6 as amended and subdivision 10 as added by chapter 808 of
the laws of 2021, subdivision 7 as added by chapter 783 of the laws of
1983, subdivision 8 as added by chapter 705 of the laws of 1989, and
subdivision 9 as added by chapter 351 of the laws of 2008, is amended to
read as follows:
§ 89. General provisions relating to access to records; certain cases.
The provisions of this section apply to access to all records, except as
hereinafter specified:
1. (a) The committee on open government is continued and shall consist
of the lieutenant governor or the delegate of such officer, the secre-
tary of state or the delegate of such officer, whose office shall act as
secretariat for the committee, the commissioner of the office of general
services or the delegate of such officer, the director of the budget or
A. 7002--A 8
the delegate of such officer, and seven other persons, none of whom
shall hold any other state or local public office except the represen-
tative of local governments as set forth herein, to be appointed as
follows: five by the governor, at least two of whom are or have been
representatives of the news media, one of whom shall be a representative
of local government who, at the time of appointment, is serving as a
duly elected officer of a local government, one by the temporary presi-
dent of the senate, and one by the speaker of the assembly. The persons
appointed by the temporary president of the senate and the speaker of
the assembly shall be appointed to serve, respectively, until the expi-
ration of the terms of office of the temporary president and the speaker
to which the temporary president and speaker were elected. The four
persons presently serving by appointment of the governor for fixed terms
shall continue to serve until the expiration of their respective terms.
Thereafter, their respective successors shall be appointed for terms of
four years. The member representing local government shall be appointed
for a term of four years, so long as such member shall remain a duly
elected officer of a local government. The committee shall hold no less
than two meetings annually, but may meet at any time. The members of the
committee shall be entitled to reimbursement for actual expenses
incurred in the discharge of their duties.
(b) The committee shall:
i. furnish to any agency AND TO EACH HOUSE OF THE STATE LEGISLATURE
advisory guidelines, opinions or other appropriate information regarding
this article;
ii. furnish to any person advisory opinions or other appropriate
information regarding this article;
iii. promulgate rules and regulations with respect to the implementa-
tion of subdivision one and paragraph (c) of subdivision three of
section eighty-seven of this article;
iv. request from any agency AND FROM EITHER HOUSE OF THE STATE LEGIS-
LATURE such assistance, services and information as will enable the
committee to effectively carry out its powers and duties;
v. develop a form, which shall be made available on the internet, that
may be used by the public to request a record; and
vi. report on its activities and findings regarding this article and
article seven of this chapter, including recommendations for changes in
the law, to the governor and the legislature annually, on or before
December fifteenth.
2. (a) The committee on [public access to records] OPEN GOVERNMENT may
promulgate guidelines regarding deletion of identifying details or with-
holding of records otherwise available under this article to prevent
unwarranted invasions of personal privacy. In the absence of such guide-
lines, an agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE may
delete identifying details when it makes records available.
(b) An unwarranted invasion of personal privacy includes, but shall
not be limited to:
i. disclosure of employment, medical or credit histories or personal
references of applicants for employment;
ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
iii. sale or release of lists of names and addresses if such lists
would be used for solicitation or fund-raising purposes;
iv. disclosure of information of a personal nature when disclosure
would result in economic or personal hardship to the subject party and
A. 7002--A 9
such information is not relevant to the work of the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE requesting or maintaining it;
v. disclosure of information of a personal nature reported in confi-
dence to an agency OR TO THE STATE LEGISLATURE and not relevant to the
ordinary work of such agency OR THE STATE LEGISLATURE;
vi. information of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred ten-a of the
workers' compensation law;
vii. disclosure of electronic contact information, such as an e-mail
address or a social network username, that has been collected from a
taxpayer under section one hundred four of the real property tax law;
[or]
viii. disclosure of law enforcement arrest or booking photographs of
an individual, unless public release of such photographs will serve a
specific law enforcement purpose and disclosure is not precluded by any
state or federal laws[.]; OR
IX. DISCLOSURE OF COMMUNICATIONS OF A PERSONAL NATURE BETWEEN LEGISLA-
TORS AND THEIR CONSTITUENTS.
(c) Unless otherwise provided by this article, disclosure shall not be
construed to constitute an unwarranted invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
i. when identifying details are deleted;
ii. when the person to whom a record pertains consents in writing to
disclosure;
iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
iv. when a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or char-
acteristics of real property, in which case disclosure and providing
copies of such record or group of records shall not be deemed an unwar-
ranted invasion of personal privacy, provided that nothing herein shall
be construed to authorize the disclosure of electronic contact informa-
tion, such as an e-mail address or a social network username, that has
been collected from a taxpayer under section one hundred four of the
real property tax law.
2-a. Nothing in this article shall permit disclosure which constitutes
an unwarranted invasion of personal privacy as defined in subdivision
two of this section if such disclosure is prohibited under section nine-
ty-six of this chapter.
2-b. For records that constitute law enforcement disciplinary records
as defined in subdivision six of section eighty-six of this article, a
law enforcement agency shall redact the following information from such
records prior to disclosing such records under this article:
(a) items involving the medical history of a person employed by a law
enforcement agency as defined in section eighty-six of this article as a
police officer, peace officer, or firefighter or firefighter/paramedic,
not including records obtained during the course of an agency's investi-
gation of such person's misconduct that are relevant to the disposition
of such investigation;
(b) the home addresses, personal telephone numbers, personal cell
phone numbers, personal e-mail addresses of a person employed by a law
enforcement agency as defined in section eighty-six of this article as a
police officer, peace officer, or firefighter or firefighter/paramedic,
or a family member of such a person, a complainant or any other person
named in a law enforcement disciplinary record, except where required
pursuant to article fourteen of the civil service law, or in accordance
A. 7002--A 10
with subdivision four of section two hundred eight of the civil service
law, or as otherwise required by law. This paragraph shall not prohibit
other provisions of law regarding work-related, publicly available
information such as title, salary, and dates of employment;
(c) any social security numbers; or
(d) disclosure of the use of an employee assistance program, mental
health service, or substance abuse assistance service by a person
employed by a law enforcement agency as defined in section eighty-six of
this article as a police officer, peace officer, or firefighter or
firefighter/paramedic, unless such use is mandated by a law enforcement
disciplinary proceeding that may otherwise be disclosed pursuant to this
article.
2-c. For records that constitute "law enforcement disciplinary
records" as defined in subdivision six of section eighty-six of this
article, a law enforcement agency may redact records pertaining to tech-
nical infractions as defined in subdivision nine of section eighty-six
of this article prior to disclosing such records under this article.
3. (a) Each entity subject to the provisions of this article, within
five business days of the receipt of a written request for a record
reasonably described, shall make such record available to the person
requesting it, deny such request in writing or furnish a written
acknowledgement of the receipt of such request and a statement of the
approximate date, which shall be reasonable under the circumstances of
the request, when such request will be granted or denied, including,
where appropriate, a statement that access to the record will be deter-
mined in accordance with subdivision five of this section. [An] NEITHER
AN agency NOR THE STATE LEGISLATURE shall [not] deny a request on the
basis that the request is voluminous or that locating or reviewing the
requested records or providing the requested copies is burdensome
because the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE lacks
sufficient staffing or on any other basis if the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE may engage an outside professional
service to provide copying, programming or other services required to
provide the copy, the costs of which the agency may recover pursuant to
paragraph (c) of subdivision one of section eighty-seven of this arti-
cle. An agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may require
a person requesting lists of names and addresses to provide a written
certification that such person will not use such lists of names and
addresses for solicitation or fund-raising purposes and will not sell,
give or otherwise make available such lists of names and addresses to
any other person for the purpose of allowing that person to use such
lists of names and addresses for solicitation or fund-raising purposes.
If an agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE determines to
grant a request in whole or in part, and if circumstances prevent
disclosure to the person requesting the record or records within twenty
business days from the date of the acknowledgement of the receipt of the
request, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
state, in writing, both the reason for the inability to grant the
request within twenty business days and a date certain within a reason-
able period, depending on the circumstances, when the request will be
granted in whole or in part. Upon payment of, or offer to pay, the fee
prescribed therefor, the entity shall provide a copy of such record and
certify to the correctness of such copy if so requested, or as the case
may be, shall certify that it does not have possession of such record or
that such record cannot be found after diligent search. Nothing in this
article shall be construed to require any entity to prepare any record
A. 7002--A 11
not possessed or maintained by such entity except the records specified
in subdivision three of section eighty-seven [and subdivision three of
section eighty-eight] of this article. When an agency OR THE RESPECTIVE
HOUSE OF THE STATE LEGISLATURE has the ability to retrieve or extract a
record or data maintained in a computer storage system with reasonable
effort, it shall be required to do so. When doing so requires less
employee time than engaging in manual retrieval or redactions from non-
electronic records, the agency AND RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE shall be required to retrieve or extract such record or data
electronically. Any programming necessary to retrieve a record main-
tained in a computer storage system and to transfer that record to the
medium requested by a person or to allow the transferred record to be
read or printed shall not be deemed to be the preparation or creation of
a new record.
(b) All entities shall, provided such entity has reasonable means
available, accept requests for records submitted in the form of elec-
tronic mail and shall respond to such requests by electronic mail, using
forms, to the extent practicable, consistent with the form or forms
developed by the committee on open government pursuant to subdivision
one of this section and provided that the written requests do not seek a
response in some other form.
(c) Each state agency, as defined in subdivision five of this section,
that maintains a website shall ensure its website provides for the
online submission of a request for records pursuant to this article.
4. (a) Except as provided in subdivision five of this section, any
person denied access to a record may within thirty days appeal in writ-
ing such denial to the head, chief executive or governing body of the
entity, or the person therefor designated by such head, chief executive,
or governing body, who shall within ten business days of the receipt of
such appeal fully explain in writing to the person requesting the record
the reasons for further denial, or provide access to the record sought.
In addition, each agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLA-
TURE shall immediately forward to the committee on open government a
copy of such appeal when received by the agency OR SUCH HOUSE and the
ensuing determination thereon. Failure by an agency OR RESPECTIVE HOUSE
OF THE STATE LEGISLATURE to conform to the provisions of subdivision
three of this section shall constitute a denial.
(b) Except as provided in subdivision five of this section, a person
denied access to a record in an appeal determination under the
provisions of paragraph (a) of this subdivision may bring a proceeding
for review of such denial pursuant to article seventy-eight of the civil
practice law and rules. In the event that access to any record is denied
pursuant to the provisions of subdivision two of section eighty-seven of
this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
involved shall have the burden of proving that such record falls within
the provisions of such subdivision two. Failure by an agency OR RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE to conform to the provisions of
paragraph (a) of this subdivision shall constitute a denial.
(c) The court in such a proceeding: (i) may assess, against such agen-
cy involved, reasonable attorney's fees and other litigation costs
reasonably incurred by such person in any case under the provisions of
this section in which such person has substantially prevailed, and when
the agency failed to respond to a request or appeal within the statutory
time; and (ii) shall assess, against such agency involved, reasonable
attorney's fees and other litigation costs reasonably incurred by such
person in any case under the provisions of this section in which such
A. 7002--A 12
person has substantially prevailed and the court finds that the agency
had no reasonable basis for denying access.
(d) (i) Appeal to the appellate division of the supreme court must be
made in accordance with subdivision (a) of section fifty-five hundred
thirteen of the civil practice law and rules.
(ii) An appeal from an agency OR RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE taken from an order of the court requiring disclosure of any of
all records sought:
(A) shall be given preference;
(B) shall be brought on for argument on such terms and conditions as
the presiding justice may direct, upon application of any party to the
proceedings; and
(C) shall be deemed abandoned if the agency OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE fails to serve and file a record and brief within
sixty days after the date of service upon the petitioner of the notice
of appeal, unless consent to further extension is given by all parties,
or unless further extension is granted by the court upon such terms as
may be just and upon good cause shown.
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 OR TO THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
may, at the time of submission, request that the agency OR SUCH HOUSE
PROVISIONALLY 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 PROVISIONALLY excepted from disclosure.
(1-a) A person or entity who submits or otherwise makes available any
records to any agency OR HOUSE OF THE STATE LEGISLATURE, may, at any
time, identify those records or portions thereof that may contain crit-
ical infrastructure information, and request that the agency OR HOUSE OF
THE STATE LEGISLATURE that maintains such records except such informa-
tion from disclosure under 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 PROVISIONALLY excepted from disclosure.
(2) The request for an exception shall be in writing, SHALL SPECIF-
ICALLY IDENTIFY WHICH PORTIONS OF THE RECORD ARE THE SUBJECT OF THE
REQUEST FOR EXCEPTION and SHALL state the reasons why the information
should be PROVISIONALLY excepted from disclosure. ANY SUCH REQUEST FOR
AN EXCEPTION SHALL BE EFFECTIVE FOR A FIVE-YEAR PERIOD FROM THE AGENCY'S
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE'S RECEIPT THEREOF.
PROVIDED, HOWEVER, THAT NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRATION
OF THE THEN CURRENT TERM OF THE EXCEPTION REQUEST, THE SUBMITTER MAY
APPLY TO THE AGENCY OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE FOR A
TWO-YEAR EXTENSION OF ITS EXCEPTION REQUEST. UPON TIMELY RECEIPT OF A
REQUEST FOR AN EXTENSION OF AN EXCEPTION REQUEST, AN AGENCY OR RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE MAY EITHER (A) PERFORM A CURSORY
REVIEW OF THE APPLICATION AND GRANT THE EXTENSION SHOULD IT FIND ANY
JUSTIFICATION FOR SUCH DETERMINATION, OR (B) COMMENCE THE PROCEDURE SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION TO MAKE A FINAL DETERMINATION
GRANTING OR TERMINATING SUCH EXCEPTION.
(3) Information submitted as provided in subparagraphs one and one-a
of this paragraph shall be PROVISIONALLY excepted from disclosure and be
maintained apart by the agency AND THE RESPECTIVE HOUSE OF THE STATE
LEGISLATURE from all other records until THE EXPIRATION OF THE SUBMIT-
A. 7002--A 13
TER'S EXCEPTION REQUEST OR fifteen days after the entitlement to such
exception has been finally determined or such further time as ordered by
a court of competent jurisdiction.
(b) [On the] DURING THE EFFECTIVE PERIOD OF AN EXCEPTION REQUEST UNDER
THIS SUBDIVISION, ON THE initiative of the agency OR EITHER HOUSE OF THE
STATE LEGISLATURE at any time, or upon the request of any person for a
record excepted from disclosure pursuant to this subdivision, the agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall:
(1) inform the person who requested the exception of the agency's OR
SUCH HOUSE'S intention to determine whether such exception should be
granted or continued;
(2) permit the person who requested the exception, within ten business
days of receipt of notification from the agency OR RESPECTIVE HOUSE OF
THE STATE LEGISLATURE, to submit a written statement of the necessity
for the granting or continuation of such exception;
(3) within seven business days of receipt of such written statement,
or within seven business days of the expiration of the period prescribed
for submission of such statement, issue a written determination grant-
ing, continuing or terminating such exception and stating the reasons
therefor; copies of such determination shall be served upon the person,
if any, requesting the record, the person who requested the exception,
and the committee on [public access to records] OPEN GOVERNMENT.
(c) A denial of an exception from disclosure under paragraph (b) of
this subdivision may be appealed by the person submitting the informa-
tion and a denial of access to the record may be appealed by the person
requesting the record in accordance with this subdivision:
(1) Within seven business days of receipt of written notice denying
the request, the person may file a written appeal from the determination
of the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE with the
head of the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE, the
chief executive officer or governing body or their designated represen-
tatives.
(2) The appeal shall be determined within ten business days of the
receipt of the appeal. Written notice of the determination shall be
served upon the person, if any, requesting the record, the person who
requested the exception and the committee on [public access to records]
OPEN GOVERNMENT. The notice shall contain a statement of the reasons for
the determination.
(d) (i) A proceeding to review an adverse determination pursuant to
paragraph (c) of this subdivision may be commenced pursuant to article
seventy-eight of the civil practice law and rules. Such proceeding, when
brought by a person seeking an exception from disclosure pursuant to
this subdivision, must be commenced within fifteen days of the service
of the written notice containing the adverse determination provided for
in subparagraph two of paragraph (c) of this subdivision. The proceeding
shall be given preference and shall be brought on for argument on such
terms and conditions as the presiding justice may direct, not to exceed
forty-five days.
(ii) Appeal to the appellate division of the supreme court must be
made in accordance with subdivision (a) of section fifty-five hundred
thirteen of the civil practice law and rules.
(iii) An appeal taken from an order of the court requiring disclosure:
(A) shall be given preference; and
(B) shall be brought on for argument on such terms and conditions as
the presiding justice may direct, NOT TO EXCEED SIXTY DAYS, upon appli-
cation by any party to the proceeding; and
A. 7002--A 14
(C) shall be deemed abandoned when the party requesting an exclusion
from disclosure fails to serve and file a record and brief within
[sixty] THIRTY days after the date of the notice of appeal, unless
consent of further extension is given by all parties, or unless further
extension is granted by the court upon such terms as may be just and
upon good cause shown.
(e) The person requesting an exception from disclosure pursuant to
this subdivision shall in all proceedings have the burden of proving
entitlement to the exception.
(f) Where the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
denies access to a record pursuant to paragraph [(d) of] (B) OF THIS
SUBDIVISION IN CONJUNCTION WITH subdivision two of section eighty-seven
of this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall have the burden of proving that the record falls within the
provisions of such exception.
(g) Nothing in this subdivision shall be construed to deny any person
access, pursuant to the remaining provisions of this article, to any
record or part excepted from disclosure upon the express written consent
of the person who had requested the exception.
(h) As used in this subdivision the term "agency" or "state agency"
means only a state department, board, bureau, division, council or
office and any public corporation the majority of whose members are
appointed by the governor.
(I) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
6. Nothing in this article shall be construed to limit or abridge any
otherwise available right of access at law or in equity of any party to
records. A denial of access to records or to portions thereof pursuant
to this article shall not limit or abridge any party's right of access
to such records pursuant to the civil practice law and rules, the crimi-
nal procedure law, or any other law.
7. Nothing in this article shall require the disclosure of the home
address of an officer or employee, former officer or employee, or of a
retiree of a public employees' retirement system; nor shall anything in
this article require the disclosure of the name or home address of a
beneficiary of a public employees' retirement system or of an applicant
for appointment to public employment; provided however, that nothing in
this subdivision shall limit or abridge the right of an employee organ-
ization, certified or recognized for any collective negotiating unit of
an employer pursuant to article fourteen of the civil service law, to
obtain the name or home address of any officer, employee or retiree of
such employer, if such name or home address is otherwise available under
this article.
8. Any person who, with intent to prevent the public inspection of a
record pursuant to this article, willfully conceals or destroys any such
record shall be guilty of a violation.
9. When records maintained electronically include items of information
that would be available under this article, as well as items of informa-
tion that may be withheld, an agency OR RESPECTIVE HOUSE OF THE STATE
LEGISLATURE in designing its information retrieval methods, whenever
practicable and reasonable, shall do so in a manner that permits the
segregation and retrieval of available items in order to provide maximum
public access.
10. Nothing in this article shall be construed to limit a person or
entity that is a party to any civil or criminal action or proceeding
A. 7002--A 15
from gaining access to records pursuant to this article relating to such
action or proceeding, provided, however, that nothing in this subdivi-
sion shall prevent the denial of access to such records or portions
thereof after providing particularized and specific justification that
such records may be withheld pursuant to this article.
§ 5. Subdivisions (t) and (u) of section 105 of the civil practice law
and rules, subdivision (u) as relettered by chapter 100 of the laws of
1994, are relettered subdivisions (u) and (v) and a new subdivision (t)
is added to read as follows:
(T) "STATE LEGISLATURE" MEANS THE NEW YORK STATE SENATE, NEW YORK
STATE ASSEMBLY, ANY COMMITTEE, SUBCOMMITTEE, JOINT COMMITTEE, SELECT
COMMITTEE, OR COMMISSION THEREOF, AND ANY MEMBERS, OFFICERS, REPRESEN-
TATIVES AND EMPLOYEES THEREOF.
§ 6. Subdivision (a) of section 7802 of the civil practice law and
rules is amended to read as follows:
(a) Definition of "body or officer". The expression "body or officer"
includes every court, tribunal, board, corporation, officer, STATE
LEGISLATURE, or other person, or aggregation of persons, whose action
may be affected by a proceeding under this article.
§ 7. Subdivision 3 of section 713 of the executive law, as amended by
section 16 of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
3. Any reports prepared pursuant to this article shall not be subject
to disclosure pursuant to [section eighty-eight] ARTICLE SIX of the
public officers law.
§ 8. Section 70-0113 of the environmental conservation law is
REPEALED.
§ 9. Subdivision 4 of section 308 of the county law is REPEALED.
§ 10. This act shall take effect immediately; provided however that
the amendments to paragraphs (j), (k), (l), (m), (n), (o), (p), (q),
(r), (s) and (t) of subdivision 2 of section 87 of the public officers
law made by section two of this act shall not affect the repeal of such
paragraphs and shall be deemed repealed therewith.