assembly Bill A4039

2019-2020 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

Current Bill Status - In Assembly 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 08, 2020 referred to governmental operations
Jan 31, 2019 referred to governmental operations

Co-Sponsors

A4039 (ACTIVE) - Details

See Senate Version of this Bill:
S27
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6110
2015-2016: A6637, S2921
2017-2018: A3433, S79

A4039 (ACTIVE) - Summary

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

A4039 (ACTIVE) - Bill Text download pdf


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

                                  4039

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2019
                               ___________

Introduced by M. of A. ENGLEBRIGHT, BRONSON -- read once and referred to
  the Committee on Governmental 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 and 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.
  (2) (I) The request for  an  exception  shall  be  in  writing,  SHALL
SPECIFICALLY  IDENTIFY  WHICH  PORTIONS OF THE RECORD ARE THE SUBJECT OF
THE REQUEST FOR EXCEPTION and state  the  reasons  why  the  information

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