Senate Bill S2643A

2019-2020 Legislative Session

Relates to accessing records under the freedom of information law

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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

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Bill Amendments

2019-S2643 - Details

See Assembly Version of this Bill:
A119
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6816, A8255
2021-2022: S4280, A7544
2023-2024: S1726, A5613

2019-S2643 - Summary

Relates to accessing records under the freedom of information law including notification procedures and the release of names of natural persons and residential addresses.

2019-S2643 - Sponsor Memo

2019-S2643 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2643
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  accessing
   records under 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. Subparagraph iii of paragraph  (b)  of  subdivision  2  and
 subdivision 3 of section 89 of the public officers law, subparagraph iii
 of  paragraph (b) of subdivision 2 as amended by section 11 of part U of
 chapter 61 of the laws of 2011, subdivision 3 as amended by chapter  223
 of the laws of 2008 and paragraph (c) of subdivision 3 as added by chap-
 ter 47 of the laws of 2018, are amended to read as follows:
   iii. sale or release of lists of names OF NATURAL PERSONS and RESIDEN-
 TIAL  addresses  if  such  lists would be used for solicitation or fund-
 raising purposes;
   3. (a) Each entity subject to the provisions of this  article,  within
 five  business  days  of  the  receipt of a written request for a record
 reasonably described, shall make such record  available  to  the  person
 requesting  it,  deny  such  request  in  writing  or  furnish a written
 acknowledgement of the receipt of such request and a  statement  of  the
 approximate  date,  which shall be reasonable under the circumstances of
 the request, when [such request will be granted or  denied]  A  RESPONSE
 WILL  BE GIVEN, including, where appropriate, a statement that access to
 the record will be determined in accordance  with  subdivision  five  of
 this section.
   (B)  An  agency shall not deny a request on the basis that the request
 is voluminous or that locating, GENERATING or  reviewing  the  requested
 RECORD  OR  records  or  providing  the  requested  copies is burdensome
 because the agency lacks sufficient staffing or on any  other  basis  if
 the  agency  may engage an outside professional service to provide copy-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S2643A (ACTIVE) - Details

See Assembly Version of this Bill:
A119
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6816, A8255
2021-2022: S4280, A7544
2023-2024: S1726, A5613

2019-S2643A (ACTIVE) - Summary

Relates to accessing records under the freedom of information law including notification procedures and the release of names of natural persons and residential addresses.

2019-S2643A (ACTIVE) - Sponsor Memo

2019-S2643A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2643--A
     Cal. No. 322
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- reported favorably from said committee, ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the  public  officers  law,  in  relation  to  accessing
   records under 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. Subparagraph iii of paragraph  (b)  of  subdivision  2  and
 subdivision 3 of section 89 of the public officers law, subparagraph iii
 of  paragraph (b) of subdivision 2 as amended by section 11 of part U of
 chapter 61 of the laws of 2011, subdivision 3 as amended by chapter  223
 of the laws of 2008 and paragraph (c) of subdivision 3 as added by chap-
 ter 47 of the laws of 2018, are amended to read as follows:
   iii. sale or release of lists of names OF NATURAL PERSONS and RESIDEN-
 TIAL  addresses  if  such  lists would be used for solicitation or fund-
 raising purposes;
   3. (a) Each entity subject to the provisions of this  article,  within
 five  business  days  of  the  receipt of a written request for a record
 reasonably described, shall make such record  available  to  the  person
 requesting  it,  deny  such  request  in  writing  or  furnish a written
 acknowledgement of the receipt of such request and a  statement  of  the
 approximate  date,  which shall be reasonable under the circumstances of
 the request, when [such request will be granted or  denied]  A  RESPONSE
 WILL  BE GIVEN, including, where appropriate, a statement that access to
 the record will be determined in accordance  with  subdivision  five  of
 this section.
   (B)  An  agency shall not deny a request on the basis that the request
 is voluminous or that locating, GENERATING or  reviewing  the  requested
 RECORD  OR  records  or  providing  the  requested  copies is burdensome
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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