senate Bill S27

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 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 08, 2020 referred to investigations and government operations
Jan 09, 2019 referred to investigations and government operations

S27 (ACTIVE) - Details

See Assembly Version of this Bill:
A4039
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
2017-2018: S79, A3433

S27 (ACTIVE) - Summary

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

S27 (ACTIVE) - Sponsor Memo

S27 (ACTIVE) - Bill Text download pdf


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

                                   27

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

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 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.

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

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