Senate Bill S6816

2017-2018 Legislative Session

Relates to accessing records under the freedom of information law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S6816 (ACTIVE) - Details

See Assembly Version of this Bill:
A8255
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2643, S6608, A119
2021-2022: S4280, A7544
2023-2024: S1726, A5613

2017-S6816 (ACTIVE) - Summary

Relates to accessing records under the freedom of information law including notification procedures and the release of names of natural persons and residential addresses.

2017-S6816 (ACTIVE) - Sponsor Memo

2017-S6816 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6816
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 20, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  public  officers  law,  in  relation  to  accessing
   records under the freedom of information law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph iii of paragraph  (b)  of  subdivision  2  and
 subdivision 3 of section 89 of the public officers law, subparagraph iii
 of  paragraph (b) of subdivision 2 as amended by section 11 of part U of
 chapter 61 of the laws of 2011 and subdivision 3 as amended  by  chapter
 223 of the laws of 2008, are amended to read as follows:
   iii. sale or release of lists of names OF NATURAL PERSONS and RESIDEN-
 TIAL  addresses  if  such  lists would be used for solicitation or fund-
 raising purposes;
   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]  A  RESPONSE
 WILL  BE GIVEN, including, where appropriate, a statement that access to
 the record will be determined in accordance  with  subdivision  five  of
 this section.
   (B)  An  agency shall not deny a request on the basis that the request
 is voluminous or that locating, GENERATING or  reviewing  the  requested
 RECORD  OR  records  or  providing  the  requested  copies is burdensome
 because the agency lacks sufficient staffing or on any  other  basis  if
 the  agency  may engage an outside professional service to provide copy-
 ing, programming or other services required to  provide  the  copy,  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11801-01-7
              

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