senate Bill S2645

2011-2012 Legislative Session

Enacts the constituent casework protection act

download bill text pdf

Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Jan 27, 2011 referred to investigations and government operations


S2645 - Details

See Assembly Version of this Bill:
Law Section:
Public Officers Law
Laws Affected:
Amd ยง80, Pub Off L

S2645 - Summary

Relates to prohibiting the destruction of constituent files by public officials; provides penalties; defines terms.

S2645 - Sponsor Memo

S2645 - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 27, 2011

Introduced  by Sens. GRISANTI, AVELLA, GRIFFO, MARTINS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Investigations and Government Operations

AN  ACT to amend the public officers law, in relation to prohibiting the
  destruction of constituent case files by public officials


  Section  1. This act shall be known and may be cited as the "constitu-
ent casework protection act".
  S 2. Section 80 of the public officers law, as amended by chapter  556
of the laws of 1925, is amended to read as follows:
  S 80. Delivery  of  books and papers, money and property.  1. A public
officer shall demand from his OR HER predecessor in office or any person
in whose possession they may be, a delivery to such officer of all books
and papers, money and property belonging or appertaining to such office.
If such demand is refused, such officer may make  complaint  thereof  to
any justice of the supreme court of the district, or to the county judge
of  the  county in which the person refusing resides. If such justice or
judge be satisfied that such books or papers,  money  and  property  are
withheld,  he  OR SHE shall grant an order directing the person refusing
to show cause before him OR HER at a time specified therein, why  he  OR
SHE  should  not deliver the same. At such time, or at any time to which
the matter may be adjourned, on proof of the due service of  the  order,
such  justice  or judge shall proceed to inquire into the circumstances.
If the person charged with withholding such books or papers,  money  and
property makes affidavit before such justice or judge that he OR SHE has
delivered to the officer all books and papers, money and property in his
OR  HER  custody  which,  within  his OR HER knowledge, or to his OR HER
belief belong or appertain thereto, such proceedings before such justice
or judge shall cease, and such  person  be  discharged.  If  the  person
complained  against  shall  not  make such oath, and it appears that any

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


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