senate Bill S2643A

2019-2020 Legislative Session

Relates to accessing records under the freedom of information law

download bill text pdf

Sponsored By

Current Bill Status - Stricken


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2019 recommit, enacting clause stricken
Apr 29, 2019 amended on third reading 2643a
Mar 28, 2019 advanced to third reading
Mar 27, 2019 2nd report cal.
Mar 26, 2019 1st report cal.322
Jan 28, 2019 referred to investigations and government operations

Votes

view votes

Mar 26, 2019 - Investigations and Government Operations committee Vote

S2643
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 26, 2019

S2643 - Details

See Assembly Version of this Bill:
A119
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
S6816, A8255

S2643 - 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.

S2643 - Sponsor Memo

S2643 - Bill Text download pdf


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

                                  2643

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sen.  LANZA  -- 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  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, subdivision 3 as amended by chapter  223
of the laws of 2008 and paragraph (c) of subdivision 3 as added by chap-
ter 47 of the laws of 2018, 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-

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

S2643A (ACTIVE) - Details

See Assembly Version of this Bill:
A119
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
S6816, A8255

S2643A (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.

S2643A (ACTIVE) - Sponsor Memo

S2643A (ACTIVE) - Bill Text download pdf


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

                                 2643--A
    Cal. No. 322

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- reported favorably from said committee, ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

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, subdivision 3 as amended by chapter  223
of the laws of 2008 and paragraph (c) of subdivision 3 as added by chap-
ter 47 of the laws of 2018, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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