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Assembly Bill A4296

Signed By Governor

2009-2010 Legislative Session

Relates to public non-disclosure agreements

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2009-A4296 - Details

Laws Affected:
Add §2853, Pub Auth L

2009-A4296 - Summary

Relates to public non-disclosure agreements; makes it unlawful for public authority to require a contract or agreement with an employee refusing to disclose any information received or learned in the course of employment except where it would be denied through published rules.

2009-A4296 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4296

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities  law,  in  relation  to  employee
  non-disclosure agreements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 2852 to read as follows:
  S  2852.  EMPLOYEE NON-DISCLOSURE AGREEMENTS. IT SHALL BE UNLAWFUL FOR
ANY PUBLIC AUTHORITY AS DEFINED IN SECTION TWO OF THIS CHAPTER TO  ENTER
INTO  ANY CONTRACT OR AGREEMENT WITH ANY MEMBER OF THE BOARD, OFFICER OR
EMPLOYEE EITHER AS A CONDITION OF EMPLOYMENT OR OTHERWISE, TO REFUSE  TO
DISCLOSE  ANY  INFORMATION  RECEIVED  OR  LEARNED  BY SUCH MEMBER OF THE
BOARD, OFFICER OR EMPLOYEE IN THE COURSE OF HIS OR HER EMPLOYMENT EXCEPT
SUCH INFORMATION AS SUCH PUBLIC AUTHORITY HAS DETERMINED THAT  IT  WOULD
DENY ACCESS TO IN ITS PUBLISHED RULES IN ACCORDANCE WITH SUBDIVISION TWO
OF  SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW. NO PUBLIC AUTHORITY
SHALL MAKE ANY ATTEMPT PUBLIC OR PRIVATE, BY JUDICIAL ACTION  OR  OTHER-
WISE, TO ENFORCE ANY SUCH CONTRACT OR AGREEMENT WHETHER SUCH CONTRACT OR
AGREEMENT WAS MADE BEFORE OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06731-01-9

2009-A4296A - Details

Laws Affected:
Add §2853, Pub Auth L

2009-A4296A - Summary

Relates to public non-disclosure agreements; makes it unlawful for public authority to require a contract or agreement with an employee refusing to disclose any information received or learned in the course of employment except where it would be denied through published rules.

2009-A4296A - Sponsor Memo

2009-A4296A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4296--A
                                                        Cal. No. 285

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Corporations, Authorities  and  Commissions  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

AN ACT to amend the public authorities law, in relation to confidential-
  ity agreements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature  finds  that  a  free
society  is  maintained when government is responsive and responsible to
the public, and when the public is aware of  governmental  actions.  The
more  open  a  government  is with its citizenry, the greater the under-
standing and participation of the public in government. The  legislature
therefore  declares that government is the public's business and the use
of non-disclosure agreements by  state  agencies  impedes  the  people's
right to know the process of governmental decision-making.
  S  2.  The  public  authorities law is amended by adding a new section
2852 to read as follows:
  S 2852. CONFIDENTIALITY AGREEMENTS. 1. DEFINITIONS. FOR  THE  PURPOSES
OF THIS SECTION:
  A.  "CONFIDENTIALITY  AGREEMENT"  SHALL MEAN AN AGREEMENT ENTERED INTO
BETWEEN A STATE AUTHORITY OR A LOCAL AUTHORITY WITH A FORMER OR  CURRENT
EMPLOYEE,  OFFICER  OR  MEMBER  OF THE GOVERNING BOARD OF SUCH AUTHORITY
THAT PREVENTS DISCLOSURE OF ANY RECORDS OR INFORMATION,  AS  DEFINED  IN
SUBDIVISION  FOUR  OF  SECTION  EIGHTY-SIX  OF  THE PUBLIC OFFICERS LAW,
DURING OR AFTER THEIR EMPLOYMENT OR SERVICE.
  B. "LOCAL AUTHORITY" SHALL  MEAN  A  LOCAL  AUTHORITY  AS  DEFINED  IN
SECTION TWO OF THIS CHAPTER.
  C.  "STATE  AUTHORITY"  SHALL  MEAN  A  STATE  AUTHORITY AS DEFINED IN
SECTION TWO OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06731-03-9

2009-A4296B - Details

Laws Affected:
Add §2853, Pub Auth L

2009-A4296B - Summary

Relates to public non-disclosure agreements; makes it unlawful for public authority to require a contract or agreement with an employee refusing to disclose any information received or learned in the course of employment except where it would be denied through published rules.

2009-A4296B - Sponsor Memo

2009-A4296B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4296--B
                                                        Cal. No. 285

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Corporations, Authorities  and  Commissions  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining  its place on the order of third reading -- again amended on
  third reading, ordered reprinted, retaining its place on the order  of
  third reading

AN ACT to amend the public authorities law, in relation to confidential-
  ity agreements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature  finds  that  a  free
society  is  maintained when government is responsive and responsible to
the public, and when the public is aware of  governmental  actions.  The
more  open  a  government  is with its citizenry, the greater the under-
standing and participation of the public in government. The  legislature
therefore  declares  that government is the public's business and absent
statutory limitations on the use of confidentiality agreements by  state
and local authorities, the people's right to know the process of govern-
mental decision-making is impeded.
  S  2.  The  public  authorities law is amended by adding a new section
2852 to read as follows:
  S 2852. CONFIDENTIALITY AGREEMENTS. 1. DEFINITIONS. FOR  THE  PURPOSES
OF THIS SECTION:
  A.  "CONFIDENTIALITY  AGREEMENT"  SHALL MEAN AN AGREEMENT ENTERED INTO
BETWEEN A STATE AUTHORITY OR A LOCAL AUTHORITY WITH A FORMER OR  CURRENT
EMPLOYEE,  OFFICER  OR  MEMBER  OF THE GOVERNING BOARD OF SUCH AUTHORITY
THAT PREVENTS DISCLOSURE OF ANY RECORDS OR INFORMATION,  AS  DEFINED  IN
SUBDIVISION  FOUR  OF  SECTION  EIGHTY-SIX  OF  THE PUBLIC OFFICERS LAW,
DURING OR AFTER THEIR EMPLOYMENT OR SERVICE.
  B. "LOCAL AUTHORITY" SHALL  MEAN  A  LOCAL  AUTHORITY  AS  DEFINED  IN
SECTION TWO OF THIS CHAPTER.

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

2009-A4296C (ACTIVE) - Details

Laws Affected:
Add §2853, Pub Auth L

2009-A4296C (ACTIVE) - Summary

Relates to public non-disclosure agreements; makes it unlawful for public authority to require a contract or agreement with an employee refusing to disclose any information received or learned in the course of employment except where it would be denied through published rules.

2009-A4296C (ACTIVE) - Sponsor Memo

2009-A4296C (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4296--C
                                                        Cal. No. 323

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Corporations, Authorities  and  Commissions  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining  its place on the order of third reading -- again amended on
  third reading, ordered reprinted, retaining its place on the order  of
  third  reading  --  again amended on third reading, ordered reprinted,
  retaining its place on the order of third reading

AN ACT to amend the public authorities law, in relation to confidential-
  ity agreements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature finds that a free
society is maintained when government is responsive and  responsible  to
the  public,  and  when the public is aware of governmental actions. The
more open a government is with its citizenry,  the  greater  the  under-
standing  and participation of the public in government. The legislature
therefore declares that government is the public's business  and  absent
statutory  limitations on the use of confidentiality agreements by state
and local authorities, the people's right to know the process of govern-
mental decision-making is impeded.
  S 2. The public authorities law is amended by  adding  a  new  section
2853 to read as follows:
  S  2853.  CONFIDENTIALITY AGREEMENTS. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION:
  A. "CONFIDENTIALITY AGREEMENT" SHALL MEAN AN  AGREEMENT  ENTERED  INTO
BETWEEN  A STATE AUTHORITY OR A LOCAL AUTHORITY WITH A FORMER OR CURRENT
EMPLOYEE, OFFICER OR MEMBER OF THE GOVERNING  BOARD  OF  SUCH  AUTHORITY
THAT  PREVENTS  DISCLOSURE  OF ANY RECORDS OR INFORMATION, AS DEFINED IN
SUBDIVISION FOUR OF SECTION  EIGHTY-SIX  OF  THE  PUBLIC  OFFICERS  LAW,
DURING OR AFTER THEIR EMPLOYMENT OR SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06731-08-0

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