assembly Bill A3939

Vetoed By Governor
2019-2020 Legislative Session

Relates to access to certain records

download bill text pdf

Sponsored By

Current Bill Status - Vetoed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 26, 2019 tabled
vetoed memo.252
Dec 19, 2019 delivered to governor
Jun 04, 2019 returned to assembly
passed senate
3rd reading cal.654
substituted for s5496
Mar 12, 2019 referred to investigations and government operations
delivered to senate
passed assembly
Mar 07, 2019 advanced to third reading cal.112
Mar 05, 2019 reported
Feb 27, 2019 reported referred to codes
Jan 31, 2019 referred to governmental operations

Co-Sponsors

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Multi-Sponsors

A3939 (ACTIVE) - Details

See Senate Version of this Bill:
S5496
Law Section:
Public Officers Law
Laws Affected:
Amd §§87 & 89, Pub Off L; amd §50-b, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9460
2013-2014: A5170
2015-2016: A4468
2017-2018: A3463

A3939 (ACTIVE) - Summary

Relates to requiring a particularized and specific justification for denial of access to records under the freedom of information law, exemption from disclosure under the freedom of information law of certain law enforcement related records and to records identifying victims.

A3939 (ACTIVE) - Bill Text download pdf


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

                                  3939

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2019
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  GLICK,  GALEF, PEOPLES-STOKES,
  L. ROSENTHAL, ABINANTI, SEAWRIGHT -- Multi-Sponsored by --  M.  of  A.
  PERRY -- read once and referred to the Committee on Governmental Oper-
  ations

AN  ACT  to  amend  the  public officers law, in relation to requiring a
  particularized and specific justification  for  denial  of  access  to
  records  under  the  freedom  of  information  law  and exemption from
  disclosure under  the  freedom  of  information  law  of  certain  law
  enforcement  related  records;  and  to amend the civil rights law, in
  relation to records identifying victims

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

  Section  1. Section 87 of the public officers law is amended by adding
a new subdivision 6 to read as follows:
  6. WHEN A REQUEST IS MADE FOR AGENCY RECORDS AND THE AGENCY  RECEIVING
SUCH REQUEST IS CONSIDERING DENYING ACCESS PURSUANT TO SUBPARAGRAPH I OF
PARAGRAPH  (E)  OF  SUBDIVISION  TWO OF THIS SECTION ON THE GROUNDS THAT
DISCLOSURE WOULD  INTERFERE  WITH  A  JUDICIAL  PROCEEDING,  THE  AGENCY
RECEIVING  SUCH  REQUEST  SHALL  PROMPTLY  NOTIFY, IN WRITING, THE JUDGE
BEFORE WHOM SUCH JUDICIAL PROCEEDING IS PENDING AND  THE  PERSON  MAKING
THE REQUEST. SUCH JUDGE SHALL NOTIFY THE PERSON REQUESTING THE RECORD OF
ITS  RECEIPT,  AND  OFFER  THE PERSON REQUESTING THE RECORD A REASONABLE
OPPORTUNITY TO BE HEARD. AFTER DUE DELIBERATION, SUCH JUDGE SHALL DETER-
MINE WHETHER ACCESS TO SUCH RECORDS SHOULD BE DENIED PURSUANT TO SUBPAR-
AGRAPH I OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION  AND  SHALL
SUBMIT  SUCH  DETERMINATION  IN  WRITING  TO  THE  AGENCY AND THE PERSON
REQUESTING THE RECORD.  THE AGENCY SHALL THEN PROCEED AS REQUIRED PURSU-
ANT TO THIS ARTICLE, IN ACCORDANCE WITH THE COURT'S DETERMINATION.
  § 2. Subdivision 6 of section 89 of the public officers law, as  added
by  chapter  933 of the laws of 1977 and as renumbered by chapter 890 of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-01-9