|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 04, 2019||returned to assembly|
3rd reading cal.654
substituted for s5496
|Jun 04, 2019||substituted by a3939|
|May 15, 2019||advanced to third reading|
|May 14, 2019||2nd report cal.|
|May 13, 2019||1st report cal.654|
|May 03, 2019||referred to investigations and government operations|
senate Bill S5496
Current Bill Status Via A3939 - Passed Senate & Assembly
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5496 (ACTIVE) - Details
S5496 (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.
S5496 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5496 SPONSOR: SKOUFIS TITLE OF BILL: 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 PURPOSE: The purpose of this legislation is to clarify certain provisions of FOIL and other disclosure laws to make sure that people are not wrongfully denied access to public records. SUMMARY OF PROVISIONS: This bill would make changes to the Freedom of Information Law (FOIL) and to section 50-b of the civil rights law. This bill would provide that when an agency is considering denying access to records under the
S5496 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5496 2019-2020 Regular Sessions I N S E N A T E May 3, 2019 ___________ Introduced by Sen. SKOUFIS -- 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 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 the laws of 1981, is amended and a new subdivision 10 is added to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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