S T A T E   O F   N E W   Y O R K
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                                  2131

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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  exempting  the
  disclosure,  under  the freedom of information law, of the name of any
  police officer, peace officer, correction officer, or  retired  police
  officer, peace officer or correction officer issued a license to carry
  or possess a firearm

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph iv of paragraph (g), and paragraphs (h),  (i),
(j),  (k)  and (l) of subdivision 2 of section 87 of the public officers
law, subparagraph iv of paragraph (g) as added by  chapter  510  of  the
laws of 1999, paragraph (h) as added by chapter 933 of the laws of 1977,
paragraph  (i)  as amended by chapter 154 of the laws of 2010, paragraph
(j) as added by chapter 746 of the laws of 1988, paragraph (k) as  sepa-
rately  amended  by  chapters  19, 20, 21, 22, 23 and 383 of the laws of
2009, and paragraph (l) as added by section 12 of part II of chapter  59
of  the  laws  of  2010, are amended and a new paragraph (m) is added to
read as follows:
  iv. external audits, including but not limited to audits performed  by
the comptroller and the federal government; [or]
  (h)  are examination questions or answers which are requested prior to
the final administration of such questions[.];
  (i) if disclosed, would jeopardize the capacity of  an  agency  or  an
entity that has shared information with an agency to guarantee the secu-
rity of its information technology assets, such assets encompassing both
electronic information systems and infrastructures; [or]
  (j)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under authority of section eleven  hundred  eleven-a  of
the vehicle and traffic law[.];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07046-04-3
              

S. 2131                             2

  (k)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under authority of section eleven  hundred  eleven-b  of
the vehicle and traffic law[.];
  (l)  are  photographs,  microphotographs,  videotape or other recorded
images produced by a bus lane photo device prepared under  authority  of
section eleven hundred eleven-c of the vehicle and traffic law[.]; OR
  (M)  IS  INFORMATION RELATED TO THE ISSUANCE, PURSUANT TO ARTICLE FOUR
HUNDRED OF THE PENAL LAW, OF ANY LICENSE TO CARRY  OR  POSSESS  FIREARMS
WHEN  SUCH LICENSE IS ISSUED TO A POLICE OFFICER, AS DEFINED IN SUBDIVI-
SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A  PEACE
OFFICER,  AS  DEFINED  IN  ARTICLE  TWO OF THE CRIMINAL PROCEDURE LAW, A
CORRECTION OFFICER EMPLOYED BY THE DEPARTMENT OF CORRECTIONS AND  COMMU-
NITY  SUPERVISION  OR  A  COUNTY  OR CITY OPERATING A LOCAL CORRECTIONAL
FACILITY, OR ANY PERSON RETIRED FROM ACTIVE SERVICE AS A POLICE OFFICER,
PEACE  OFFICER  OR  CORRECTION  OFFICER;  PROVIDED,  HOWEVER,  THAT   NO
PROVISION  OF  THIS PARAGRAPH SHALL BE DEEMED TO PROHIBIT THE DISCLOSURE
OF SUCH INFORMATION TO A LAW  ENFORCEMENT  AGENCY  FOR  THE  PURPOSE  OF
CONDUCTING AN INVESTIGATION OR PROSECUTION.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to paragraphs (j),  (k)  and  (l)  of  subdivision  2  of
section  87  of  the public officers law made by section one of this act
shall not affect the repeal of such paragraphs and shall expire  and  be
deemed repealed therewith.