senate Bill S79

2017-2018 Legislative Session

Requires entities that submit records to state agencies that are excepted from disclosure under FOIL to periodically re-apply for the exception

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to investigations and government operations
Jan 04, 2017 referred to investigations and government operations

S79 (ACTIVE) - Details

See Assembly Version of this Bill:
A3433
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6110
2015-2016: S2921, A6637
2019-2020: S27, A4039

S79 (ACTIVE) - Summary

Requires entities that submit records to state agencies that are excepted from disclosure under FOIL to periodically re-apply for the exception.

S79 (ACTIVE) - Sponsor Memo

S79 (ACTIVE) - Bill Text download pdf


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

                                   79

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation to requiring  enti-
  ties  that  submit  records  to  state agencies that are excepted from
  disclosure under the freedom of information law to periodically re-ap-
  ply for the exception

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

  Section  1. Subdivision 5 of section 89 of the public officers law, as
added by chapter 890 of the laws of 1981, paragraph (a)  as  amended  by
chapter 403 of the laws of 2003, paragraph (d) as amended by chapter 339
of the laws of 2004, is amended to read as follows:
  5.  (a)  (1) A person acting pursuant to law or regulation who, subse-
quent to the effective date of this subdivision, submits any information
to any state agency may, at the time of  submission,  request  that  the
agency  except  such  information from disclosure under paragraph (d) of
subdivision two of section  eighty-seven  of  this  article.  Where  the
request  itself contains information which if disclosed would defeat the
purpose for which the exception is sought, such information  shall  also
be excepted from disclosure.
  (1-a)  A person or entity who submits or otherwise makes available any
records to any agency, may, at  any  time,  identify  those  records  or
portions  thereof  that may contain critical infrastructure information,
and request that the agency that  maintains  such  records  except  such
information from disclosure under subdivision two of section eighty-sev-
en  of this article. Where the request itself contains information which
if disclosed would defeat the purpose for which the exception is sought,
such information shall also be excepted from disclosure.

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

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