senate Bill S4904A

2013-2014 Legislative Session

Relates to providing notice upon requests for public information regarding certain farm operations

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Feb 04, 2014 advanced to third reading
Feb 03, 2014 2nd report cal.
Jan 28, 2014 1st report cal.74
Jan 09, 2014 print number 4904a
amend and recommit to agriculture
Jan 08, 2014 referred to agriculture
returned to senate
died in assembly
Jun 12, 2013 referred to agriculture
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1286
committee discharged and committed to rules
Apr 30, 2013 referred to agriculture

Votes

view votes

Jan 28, 2014 - Agriculture committee Vote

S4904A
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Jan 28, 2014

Jun 11, 2013 - Rules committee Vote

S4904
21
1
committee
21
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4904 - Bill Details

See Assembly Version of this Bill:
A8596A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §308-b, Ag & Mkts L

S4904 - Bill Texts

view summary

Relates to providing notice upon requests for public information regarding certain farm operations.

view sponsor memo
BILL NUMBER:S4904

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to requests for public information regarding certain farm
operations

Purpose or General Idea of the Bill: To require notification to the
owners and/or operators of a farm operation when information about
their farm operation has been requested via the Freedom of Information
Law from a state agency or entity.

Summary of Specific Provisions: This bill amends Agriculture and
Markets Law to create a new Section 308-b that requires the owner or
operator of a farm business as defined in Section 301 of Agriculture
and Markets Law to be notified that their farm records or business
information has been requested from a state agency/entity via FOIL
upon submission of the FOIL request to the state agency/entity.

The state agency or entity of which the request has been made shall
inform the farm owner or operator in writing that a request for
records concerning their farm operation has been submitted, provide a
description of records requested and provide the name and address of
the person or entity requesting such records. The farm owner or
operator is to be notified within five business days of submission of
the records request via FOIL inquiry.

EXISTING STATUTE: Currently, state law (Article 6 Public Officers Law
§ 89) dictates that a state agency/entity is required to notify a farm
or any business that its records are being released under a Freedom of
Information Law (FOIL) request when:

1) The records are actually requested via FOIL by a third party, AND

2) Upon initial submission of their business information to the state
agency, the farm has indicated that they are requesting the state
agency/entity consider their information confidential.

If these two conditions are met, the agency/entity will contact the
farm and have them justify their position that their business
information should be exempted from FOIL release because it is
confidential and its release could put their business in a competitive
disadvantage with their peers, consistent with the allowable statutory
exceptions as defined in Public Officers Law (POL) § 87(2)(a-i). The
state agency/entity must then determine whether the farm or business'
request for exception is valid and either approve or reject the
business' request for exemption from FOIL release.

If the agency agrees with the farm or business and denies release of
the requested information under the FOIL, the requesting party may sue
the agency for violating the FOIL. If the agency disagrees with the
farm or business and releases the information, the farm or business
may sue the agency stating that it should fall under the allowable
exceptions to FOIL release listed under POL § 87(2)(a-i).

JUSTIFICATION: This bill ensures that our family farms are alerted to
the fact that their business information has been requested under the
Freedom of Information Law (FOIL) when the inquiry has been made. This


bill in no way hinders the release of FOIL-derived information. It
merely ensures that farmers are made aware of a FOIL inquiry for their
farm information when such a request is made.

Farmers are on the frontlines against natural (i.e. weather, disease,
invasive species) and manmade (i.e. bioterrorism, water contamination)
threats to the local food network that provides affordable, quality,
nutritious food to the State's residents. As skilled, specialized
practitioners, farmers counteract these threats through adaptive farm
management and daily use of Best Management Practices. These farms
rely on the expertise and resources available from the agriculture,
environmental and other state agencies to develop and execute various
aspects of their management plans that are crucial to the health and
safety of the farm, its natural resources and the consumers it
ultimately serves through the local food it produces.

The farm community holds grave concerns that farmers will not utilize
the valuable agricultural, environmental and other state programs
available to them for fear of having their FOIL-derived business
information enable sabotage or harm to the farm and environment on
which the farmer's livelihood depends. With this bill, farmers and
their families will have statutory assurance that they will be alerted
if and when their farm information is requested by a third party and
by whom. This statutory assurance of notification will encourage
farmers to continue to enroll in the successful agricultural,
environmental conservation and other programs that the State and farm
community have mutually developed and invested in over the past twenty
years for the benefit of our family farms, our natural resources and
our consumers.

FISCAL IMPACT: Minimal.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4904

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to requests
  for public information regarding certain farm operations

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

  Section  1. The agriculture and markets law is amended by adding a new
section 308-b to read as follows:
  S 308-B. NOTIFICATION  OF  FOIL  REQUEST.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  UPON  THE  REQUEST  OF ANY PERSON OR ENTITY FOR ANY
RECORDS OF A FARM OPERATION, AS DEFINED IN SECTION THREE HUNDRED ONE  OF
THIS  ARTICLE, FROM AN AGENCY OR OTHER STATE ENTITY; THE AGENCY OR STATE
ENTITY OF WHICH THE REQUEST HAS BEEN MADE SHALL INFORM THE OWNER  AND/OR
OPERATOR  OF  SUCH  FARM OPERATION IN WRITING THAT A REQUEST FOR RECORDS
CONCERNING  THEIR  FARM  OPERATION  HAS  BEEN   SUBMITTED,   PROVIDE   A
DESCRIPTION OF RECORDS REQUESTED AND PROVIDE THE NAME AND ADDRESS OF THE
PERSON OR ENTITY REQUESTING SUCH RECORDS. NOTIFICATION OF THE FARM OPER-
ATION  IS  TO BE MADE BY THE AGENCY OR STATE ENTITY WITHIN FIVE BUSINESS
DAYS OF SUBMISSION OF THE RECORDS REQUEST BY THE PERSON OR ENTITY  SEEK-
ING SUCH RECORDS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10677-01-3

Co-Sponsors

S4904A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8596A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §308-b, Ag & Mkts L

S4904A (ACTIVE) - Bill Texts

view summary

Relates to providing notice upon requests for public information regarding certain farm operations.

view sponsor memo
BILL NUMBER:S4904A

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to requests for public information regarding certain farm
operations

PURPOSE OR GENERAL IDEA OF THE BILL: To require notification to the
owners and/or operators of a farm operation when information about
their farm operation has been requested via the Freedom of Information
Law from a state agency or entity.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends Agriculture and
Markets Law to create a new Section 308-b that requires the owner or
operator of a farm business as defined in Section 301 of Agriculture
and Markets Law to be notified that their farm records or business
information has been requested from a state agency/entity via FOIL
upon submission of the FOIL request to the state agency/entity.

The state agency or entity of which the request has been made shall
inform the farm owner or operator in writing that a request for
records concerning their farm operation has been submitted, provide a
description of records requested and provide the name and address of
the person or entity requesting such records. The farm owner or
operator is to be notified within five business days of submission of
the records request via FOIL inquiry.

EXISTING STATUTE: Currently, state law (Article 6 Public Officers Law
89) dictates that a state agency/entity is required to notify a farm
or any business that its records are being released under a Freedom of
Information Law (FOIL) request when:

1) The records are actually requested via FOIL by a third party, AND

2) Upon initial submission of their business information to the state
agency, the farm has indicated that they are requesting the state
agency/entity consider their information confidential.

If these two conditions are met, the agency/entity will contact the
farm and have them justify their position that their business
information should be exempted from FOIL release because it is
confidential and its release could put their business in a competitive
disadvantage with their peers, consistent with the allowable statutory
exceptions as defined in Public Officers Law (POL) § 87(2)(a-i). The
state agency/entity must then determine whether the farm or business'
request for exception is valid and either approve or reject the
business' request for exemption from FOIL release.

If the agency agrees with the farm or business and denies release of
the requested information under the FOIL, the requesting party may sue
the agency for violating the FOIL. If the agency disagrees with the
farm or business and releases the information, the farm Or business
may sue the agency stating that it should fall under the allowable
exceptions to FOIL release listed under POL § 87(2)(a-i).

JUSTIFICATION: This bill ensures that our family farms are alerted to
the fact that their business information has been requested under the
Freedom of Information Law (FOIL) when the inquiry has been made.


This bill in no way hinders the release of FOIL-derived information.
It merely ensures that farmers are made aware of a FOIL inquiry for
their farm information when such a request is made.

Farmers are on the front:Lines against natural (i.e. weather, disease,
invasive species) and manmade (i.e. bioterrorism, water contamination)
threats to the local food network that provides affordable, quality,
nutritious food to the State's residents. As skilled, specialized
practitioners, farmers counteract these threats through adaptive farm
management and daily use of Best Management Practices. These farms
rely on the expertise and resources available from the agriculture,
environmental and other state agencies to develop and execute various
aspects of their management plans that are crucial to the health and
safety of the farm, its natural resources and the consumers it
ultimately serves through the local food it produces.

The farm community holds grave concerns that farmers will not utilize
the valuable agricultural, environmental and other state programs
available to them for fear of having their FOIL-derived business
information enable sabotage or harm to the farm and environment on
which the farmer's livelihood depends. With this bill, farmers and
their families will have statutory assurance that they will be alerted
if and when their farm information is requested by a third party and
by whom. This statutory assurance of notification will encourage
farmers to continue to enroll in the successful agricultural,
environmental conservation and other programs that the State and farm
community have mutually developed and invested in over the past twenty
years for the benefit of our family farms, our natural resources and
our consumers.

FISCAL IMPACT: Minimal.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4904--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by Sens. MAZIARZ, SAMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Agriculture  --
  recommitted  to the Committee on Agriculture in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the agriculture and markets law, in relation to requests
  for public information regarding certain farm operations

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

  Section 1. The agriculture and markets law is amended by adding a  new
section 308-b to read as follows:
  S  308-B.  NOTIFICATION  OF  FOIL  REQUEST.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, UPON THE REQUEST OF  ANY  PERSON  OR  ENTITY  FOR  ANY
RECORDS  OF A FARM OPERATION, AS DEFINED IN SECTION THREE HUNDRED ONE OF
THIS ARTICLE, FROM AN AGENCY OR OTHER STATE ENTITY; THE AGENCY OR  STATE
ENTITY  OF WHICH THE REQUEST HAS BEEN MADE SHALL INFORM THE OWNER AND/OR
OPERATOR OF SUCH FARM OPERATION IN WRITING THAT A  REQUEST  FOR  RECORDS
CONCERNING   THEIR   FARM   OPERATION  HAS  BEEN  SUBMITTED,  PROVIDE  A
DESCRIPTION OF RECORDS REQUESTED AND PROVIDE THE NAME AND ADDRESS OF THE
PERSON OR ENTITY REQUESTING SUCH RECORDS. NOTIFICATION OF THE FARM OPER-
ATION IS TO BE MADE BY THE AGENCY OR STATE ENTITY WITHIN  FIVE  BUSINESS
DAYS  OF SUBMISSION OF THE RECORDS REQUEST BY THE PERSON OR ENTITY SEEK-
ING SUCH RECORDS.
  S 2. This act shall take effect immediately and  the  commissioner  of
agriculture and markets is hereby authorized to add, amend and/or repeal
any  rule  or regulation necessary for the implementation of this act on
its effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10677-02-3

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