S T A T E O F N E W Y O R K
________________________________________________________________________
6903
2011-2012 Regular Sessions
I N A S S E M B L Y
April 5, 2011
___________
Introduced by M. of A. JEFFRIES, CAMARA, GUNTHER, JAFFEE, LAVINE,
MAISEL, MARKEY, MOYA, N. RIVERA, SCHIMEL, SPANO, STEVENSON, TITONE,
WEISENBERG, WEPRIN -- Multi-Sponsored by -- M. of A. BOYLAND, McENENY,
PHEFFER -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the public officers law, in relation to authorizing the
denial of access to public records or portions thereof that include
the names or addresses of retired police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs iii and iv of paragraph (g), and paragraphs
(h), (i), (j), (k) and (l) of subdivision 2 of section 87 of the public
officers law, subparagraph iii of paragraph (g) as amended and subpara-
graph iv of paragraph (g) as added by chapter 510 of the laws of 1999,
paragraph (h) as added by chapter 933 of the laws of 1977, paragraph (i)
as amended by chapter 154 of the laws of 2010, paragraph (j) as added by
chapter 746 of the laws of 1988, paragraph (k) as separately added by
chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009 and paragraph
(l) as added by section 12 of part II of chapter 59 of the laws of 2010,
are amended and a new paragraph (m) is added to read as follows:
iii. final agency policy or determinations; OR
iv. external audits, including but not limited to audits performed by
the comptroller and the federal government;[or]
(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 or an
entity that has shared information with an agency to guarantee the secu-
rity of its information technology assets, such assets encompassing both
electronic information systems and infrastructures; [or]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09817-01-1
A. 6903 2
(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[.]; AND
(M) ARE THE NAMES AND/OR ADDRESSES OF RETIRED POLICE OFFICERS, "POLICE
OFFICERS" AS DEFINED BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW, WHICH IF DISCLOSED WOULD LIKELY RESULT IN PUBLIC
DISSEMINATION OF SUCH INFORMATION, UNLESS THE REQUESTING PERSON DEMON-
STRATES TO THE AGENCY THAT THERE EXISTS A COMPELLING PUBLIC INTEREST IN
PUBLIC DISSEMINATION OF SUCH INFORMATION AND THAT SUCH PUBLIC DISSEM-
INATION WOULD NOT JEOPARDIZE THE SAFETY OR WELL-BEING OF SUCH OFFICERS
OR THE FAMILIES OF SUCH OFFICERS.
S 2. Section 89 of the public officers law is amended by adding a new
subdivision 7-a to read as follows:
7-A. NOTHING IN THIS ARTICLE SHALL REQUIRE THE DISCLOSURE OF THE NAMES
AND/OR ADDRESSES OF RETIRED POLICE OFFICERS, "POLICE OFFICERS" AS
DEFINED BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, WHICH IF DISCLOSED WOULD LIKELY RESULT IN PUBLIC DISSEM-
INATION OF SUCH INFORMATION, UNLESS THE REQUESTING PERSON DEMONSTRATES
TO THE AGENCY THAT THERE EXISTS A COMPELLING PUBLIC INTEREST IN PUBLIC
DISSEMINATION OF SUCH INFORMATION AND THAT SUCH PUBLIC DISSEMINATION
WOULD NOT JEOPARDIZE THE SAFETY OR WELL-BEING OF SUCH OFFICERS OR THE
FAMILIES OF SUCH OFFICERS.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that:
(a) the amendments to paragraph (j) of subdivision 2 of section 87 of
the public officers law, made by section one of this act, shall not
affect the expiration and repeal of such paragraph and shall expire and
be deemed repealed therewith;
(b) the amendments to paragraph (k) of subdivision 2 of section 87 of
the public officers law, made by section one of this act, shall not
affect the expiration and repeal of such paragraph and shall expire and
be deemed repealed therewith;
(c) the amendments to paragraph (l) of subdivision 2 of section 87 of
the public officers law, made by section one of this act, shall not
affect the expiration and repeal of such paragraph and shall expire and
be deemed repealed therewith; and
(d) effective immediately, any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.