Bill Text: NY A06637 | 2015-2016 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-19 - print number 6637a [A06637 Detail]

Download: New_York-2015-A06637-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6637--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     March 30, 2015
                                       ___________
        Introduced  by  M.  of  A. ENGLEBRIGHT, BRONSON, TITONE -- read once and
          referred to the Committee on Governmental Operations -- recommitted to
          the Committee on Governmental Operations in accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        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:
     1    Section  1. Subdivision 5 of section 89 of the public officers law, as
     2  added by chapter 890 of the laws of 1981, paragraph (a)  as  amended  by
     3  chapter 403 of the laws of 2003, paragraph (d) as amended by chapter 339
     4  of the laws of 2004, is amended to read as follows:
     5    5.  (a)  (1) A person acting pursuant to law or regulation who, subse-
     6  quent to the effective date of this subdivision, submits any information
     7  to any state agency may, at the time of  submission,  request  that  the
     8  agency  except  such  information from disclosure under paragraph (d) of
     9  subdivision two of section  eighty-seven  of  this  article.  Where  the
    10  request  itself contains information which if disclosed would defeat the
    11  purpose for which the exception is sought, such information  shall  also
    12  be excepted from disclosure.
    13    (1-a)  A person or entity who submits or otherwise makes available any
    14  records to any agency, may, at  any  time,  identify  those  records  or
    15  portions  thereof  that may contain critical infrastructure information,
    16  and request that the agency that  maintains  such  records  except  such
    17  information from disclosure under subdivision two of section eighty-sev-
    18  en  of this article. Where the request itself contains information which
    19  if disclosed would defeat the purpose for which the exception is sought,
    20  such information shall also be excepted from disclosure.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08479-03-6