Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to investigations and government operations |
May 26, 2009 |
print number 4580a |
May 26, 2009 |
amend and recommit to investigations and government operations |
Apr 24, 2009 |
referred to investigations and government operations |
Senate Bill S4580
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-S4580 - Details
- Current Committee:
- Senate Investigations And Government Operations
2009-S4580 - Summary
Provides exceptions to FOIL; identifies which portions of the record shall be exempt from disclosure; specifies that one month prior to the expiration of the exception, the agency may extend the exception for a period of one year by writing why such parts of the record shall be exempt.
2009-S4580 - Sponsor Memo
BILL NUMBER: S4580 TITLE OF BILL : An act to amend the public officers law, in relation to exceptions to the freedom of information law SUMMARY OF PROVISIONS : Section one of the bill amends subdivision five of section 89 of the public officers law to streamline the trade secret provisions. Section two of the bill provides the effective date. JUSTIFICATION : The Freedom of Information Law (Article Six of the Public Officers Law) includes unique and innovative provisions concerning the treatment of records required to be submitted to a state agency by a commercial enterprise pursuant to law or regulation. The provisions are intended to provide a procedural framework for consideration of the so-called "trade secret" exception to rights of access. This bill intends to streamline that procedure and reduce the burdens imposed upon state agencies while maintaining reasonable opportunity and notice procedures for those seeking to preserve a trade secret exception. Section 87(2)(d) of the Public Officers Law permits an agency to
2009-S4580 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4580 2009-2010 Regular Sessions I N S E N A T E April 24, 2009 ___________ Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the public officers law, in relation to exceptions to 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. 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 informa- tion] RECORDS 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 arti- cle. Where the request itself contains information which if disclosed would defeat the purpose for which the exception is sought, such infor- mation 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) The request for an exception shall be in writing and state the reasons why [the information] AND IDENTIFY WHICH PORTIONS OF THE RECORDS should be excepted from disclosure. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09787-01-9
2009-S4580A (ACTIVE) - Details
- Current Committee:
- Senate Investigations And Government Operations
2009-S4580A (ACTIVE) - Summary
Provides exceptions to FOIL; identifies which portions of the record shall be exempt from disclosure; specifies that one month prior to the expiration of the exception, the agency may extend the exception for a period of one year by writing why such parts of the record shall be exempt.
2009-S4580A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4580A TITLE OF BILL : An act to amend the public officers law, in relation to exceptions to the freedom of information law SUMMARY OF PROVISIONS : Section one of the bill amends subdivision five of section 89 of the public officers law to streamline the trade secret provisions. Section two of the bill provides the effective date. JUSTIFICATION : The Freedom of Information Law (Article Six of the Public Officers Law) includes unique and innovative provisions concerning the treatment of records required to be submitted to a state agency by a commercial enterprise pursuant to law or regulation. The provisions are intended to provide a procedural framework for consideration of the so-called "trade secret" exception to rights of access. This bill intends to streamline that procedure and reduce the burdens imposed upon state agencies while maintaining reasonable opportunity and notice procedures for those seeking to preserve a trade secret exception. Section 87(2) (d) of the Public Officers Law permits an agency to
2009-S4580A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4580--A 2009-2010 Regular Sessions I N S E N A T E April 24, 2009 ___________ Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law, in relation to exceptions to 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. 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 informa- tion] RECORDS to any state agency may, at the time of submission, request that the agency except [such] information IN SUCH RECORDS from disclosure under paragraph (d) of 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. (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) The request for an exception shall be in writing and state the reasons why [the information] AND IDENTIFY WHICH PORTIONS OF THE RECORDS should be excepted from disclosure. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09787-03-9
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