NY State Senate Bill 2019-S6608B

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Feb 03, 2020	advanced to third reading
Jan 29, 2020	2nd report cal.
Jan 28, 2020	1st report cal.314
Jan 21, 2020	print number 6608b
Jan 21, 2020	amend and recommit to investigations and government operations
Jan 08, 2020	referred to investigations and government operations
Jun 19, 2019	print number 6608a
Jun 19, 2019	amend and recommit to rules referred to rules

Votes

- Jan 28, 2020 - Investigations And Government Operations Committee Vote
  S6608B
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Jan 28, 2020
      
      aye (7)
      
      Biaggi
      
      Carlucci
      
      Jacobs
      
      Kaminsky
      
      Lanza
      
      Sepúlveda
      
      Skoufis

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S6608 - Details

See Assembly Version of this Bill:: A119
Current Committee:: Senate Rules
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-S6608 - 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-S6608 - Sponsor Memo

                                
 
BILL NUMBER: S6608

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to accessing records under the freedom of information law

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to clarify certain provisions of the Freedom
of Information Law (FOIL).

 
SUMMARY OF PROVISIONS:

Section one amends Subparagraph iii of paragraph (b) of subdivision 2
and subdivision 3 of section 89 of the public officers' law to make
various technical and clarifying amendments.

Section two provides the effective date.

 
JUSTIFICATION:

There are two provisions of FOIL that state that an unwarranted invasion
of personal privacy includes the disclosure of a list of names and
addresses if a list would be used for solicitation or fundraising
purposes. The ability to deny access pertains to a list of natural
persons and their residential addresses, since the language includes
personal privacy. The exception should not apply to a list of vendors or
others engaged in a business or professional activities.

Additionally, FOIL does not require an agency to create new records to
respond to a request. The principle is that FOIL pertains to existing
records and does not require that an agency create new records to
respond to a request.

Additionally, there is a need to clarify the existing provisions relat-
ing to the time in which an agency is required to respond to a FOIL
request.

This bill addresses these technical considerations. The changes to FOIL
proposed by this bill were recommended by the Committee on Open Govern-
ment.

 
LEGISLATIVE HISTORY:

2017: A.8255 (Buchwald) - Passed governmental operations and reported to
Rules / S.6816 (Lanza) - Referred to Rules
2018: A.8255 (Buchwald - Passed the Assembly 133 to 0 / S.6816 (Lanza)
Advanced to Third Reading
2019: A.119 (Buchwald) -Referred to governmental operations

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
 
EXPLANATION OF AMENDMENT:
The effective date has been amended to reflect the effectiveness of
chapter 47 of the laws of 2018.

2019-S6608 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6608
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 19, 2019
                                ___________
 
 Introduced  by  Sens. HARCKHAM, LANZA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 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-
 ing, programming or other services required to  provide  the  copy,  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01195-01-9

 S. 6608                             2
 
 costs  of  which  the  agency  may  recover pursuant to paragraph (c) of
 subdivision one of section eighty-seven of this article.
   (C)  An  agency  may  require  a  person requesting lists of names and
 addresses to provide a written certification that such person  will  not
 use such lists of names OF NATURAL PERSONS and RESIDENTIAL addresses for
 solicitation  or fund-raising purposes and will not sell, give or other-
 wise make available such lists of  names  and  addresses  to  any  other
 person  for  the  purpose  of  allowing that person to use such lists of
 names and addresses for solicitation or fund-raising purposes.
   (D) If [an agency determines to grant a request in whole or  in  part,
 and  if]  circumstances  prevent  AN  AGENCY  FROM  NOTIFYING THE PERSON
 REQUESTING THE RECORD OR RECORDS OF THE AGENCY'S DETERMINATION REGARDING
 THE RIGHTS OF ACCESS AND disclosure to the person requesting the  record
 or records within twenty business days from the date of the acknowledge-
 ment  of the receipt of the request, the agency shall state, in writing,
 both the reason for the inability to [grant the request]  DO  SO  within
 twenty  business  days  and  a  date certain within a reasonable period,
 depending on the circumstances, when [the request  will  be  granted  in
 whole or in part] A DETERMINATION REGARDING DISCLOSURE WILL BE RENDERED.
   (E) Upon payment of, or offer to pay, the fee prescribed therefor, the
 entity  shall  provide a copy of such record and certify to the correct-
 ness of such copy if so requested, or as the case may be, shall  certify
 that  it  does  not  have  possession of such record or that such record
 cannot be found after diligent search.
   (F) Nothing in this article shall be construed to require  any  entity
 to [prepare] CREATE any record not possessed or maintained by such enti-
 ty  except the records specified in subdivision three of section eighty-
 seven and subdivision three of section  eighty-eight  of  this  article.
 When  an  agency has the ability to retrieve or extract a record or data
 maintained in a computer storage system with reasonable effort, it shall
 be required to do so. When doing so requires  less  employee  time  than
 engaging  in manual retrieval or redactions from non-electronic records,
 the agency shall be required to retrieve or extract such record or  data
 electronically. [Any programming necessary to retrieve] THE RETRIEVAL OF
 a  record  OR  DATA maintained in a computer storage system and [to] THE
 transfer OF that record to the medium requested by  a  person  or  to  A
 MEDIUM  THAT  WOULD  allow  the transferred record to be read or printed
 shall not be deemed to be the [preparation or] creation of a new record.
   [(b)] (G) All entities shall,  provided  such  entity  has  reasonable
 means  available,  accept  requests for records submitted in the form of
 electronic mail and shall respond to such requests by  electronic  mail,
 using  forms,  to  the  extent  practicable, consistent with the form or
 forms developed by the committee on open government pursuant to subdivi-
 sion one of this section and provided that the written requests  do  not
 seek a response in some other form.
   [(c)]  (H)  Each  state agency, as defined in subdivision five of this
 section, that maintains a website shall ensure its website provides  for
 the online submission of a request for records pursuant to this article.
   §  2.  This act shall take effect immediately; provided, however, that
 if chapter 47 of the laws of 2018 shall not  have  taken  effect  on  or
 before  such  date then section one of this act shall take effect on the
 same date and in the same manner as such chapter of  the  laws  of  2018
 takes effect.

co-Sponsors

2019-S6608A - Details

See Assembly Version of this Bill:: A119
Current Committee:: Senate Rules
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-S6608A - 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-S6608A - Sponsor Memo

                                
 
BILL NUMBER: S6608A

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to accessing records under the freedom of information law

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to clarify certain provisions of the Freedom
of Information Law (FOIL).

 
SUMMARY OF PROVISIONS:

Section one amends Subparagraph iii of paragraph (b) of subdivision 2
and subdivision 3 of section 89 of the public officers' law to make
various technical and clarifying amendments.

Section two provides the effective date.

 
JUSTIFICATION:

There are two provisions of FOIL that state that an unwarranted invasion
of personal privacy includes the disclosure of a list of names and
addresses if a list would be used for solicitation or fundraising
purposes. The ability to deny access pertains to a list of natural
persons and their residential addresses, since the language includes
personal privacy. The exception should not apply to a list of vendors or
others engaged in a business or professional activities.

Additionally, FOIL does not require an agency to create new records to
respond to a request. The principle is that FOIL pertains to existing
records and does not require that an agency create new records to
respond to a request.

Additionally, there is a need to clarify the existing provisions relat-
ing to the time in which an agency is required to respond to a FOIL
request.

This bill addresses these technical considerations. The changes to FOIL
proposed by this bill were recommended by the Committee on Open Govern-
ment.

 
LEGISLATIVE HISTORY:

2017: A.8255 (Buchwald) - Passed governmental operations and reported to
Rules / S.6816 (Lanza) - Referred to Rules
2018: A.8255 (Buchwald - Passed the Assembly 133 to 0 / S.6816 (Lanza)
Advanced to Third Reading
2019: A.119 (Buchwald) -Referred to governmental operations

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
 
EXPLANATION OF AMENDMENT:
The effective date has been amended to reflect the effectiveness of
chapter 47 of the laws of 2018.

2019-S6608A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6608--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 19, 2019
                                ___________
 
 Introduced  by  Sens. HARCKHAM, LANZA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01195-04-9

 S. 6608--A                          2
 
 the  agency  may engage an outside professional service to provide copy-
 ing, programming or other services required to  provide  the  copy,  the
 costs  of  which  the  agency  may  recover pursuant to paragraph (c) of
 subdivision one of section eighty-seven of this article.
   (C)  An  agency  may  require  a  person requesting lists of names and
 addresses to provide a written certification that such person  will  not
 use such lists of names OF NATURAL PERSONS and RESIDENTIAL addresses for
 solicitation  or fund-raising purposes and will not sell, give or other-
 wise make available such lists of  names  and  addresses  to  any  other
 person  for  the  purpose  of  allowing that person to use such lists of
 names and addresses for solicitation or fund-raising purposes.
   (D) If [an agency determines to grant a request in whole or  in  part,
 and  if]  circumstances  prevent  AN  AGENCY  FROM  NOTIFYING THE PERSON
 REQUESTING THE RECORD OR RECORDS OF THE AGENCY'S DETERMINATION REGARDING
 THE RIGHTS OF ACCESS AND disclosure to the person requesting the  record
 or records within twenty business days from the date of the acknowledge-
 ment  of the receipt of the request, the agency shall state, in writing,
 both the reason for the inability to [grant the request]  DO  SO  within
 twenty  business  days  and  a  date certain within a reasonable period,
 depending on the circumstances, when [the request  will  be  granted  in
 whole or in part] A DETERMINATION REGARDING DISCLOSURE WILL BE RENDERED.
   (E) Upon payment of, or offer to pay, the fee prescribed therefor, the
 entity  shall  provide a copy of such record and certify to the correct-
 ness of such copy if so requested, or as the case may be, shall  certify
 that  it  does  not  have  possession of such record or that such record
 cannot be found after diligent search.
   (F) Nothing in this article shall be construed to require  any  entity
 to [prepare] CREATE any record not possessed or maintained by such enti-
 ty  except the records specified in subdivision three of section eighty-
 seven and subdivision three of section  eighty-eight  of  this  article.
 When  an  agency has the ability to retrieve or extract a record or data
 maintained in a computer storage system with reasonable effort, it shall
 be required to do so. When doing so requires  less  employee  time  than
 engaging  in manual retrieval or redactions from non-electronic records,
 the agency shall be required to retrieve or extract such record or  data
 electronically. [Any programming necessary to retrieve] THE RETRIEVAL OF
 a  record  OR  DATA maintained in a computer storage system and [to] THE
 transfer OF that record to the medium requested by  a  person  or  to  A
 MEDIUM  THAT  WOULD  allow  the transferred record to be read or printed
 shall not be deemed to be the [preparation or] creation of a new record.
   [(b)] (G) All entities shall,  provided  such  entity  has  reasonable
 means  available,  accept  requests for records submitted in the form of
 electronic mail and shall respond to such requests by  electronic  mail,
 using  forms,  to  the  extent  practicable, consistent with the form or
 forms developed by the committee on open government pursuant to subdivi-
 sion one of this section and provided that the written requests  do  not
 seek a response in some other form.
   [(c)]  (H)  Each  state agency, as defined in subdivision five of this
 section, that maintains a website shall ensure its website provides  for
 the online submission of a request for records pursuant to this article.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-S6608B (ACTIVE) - Details

See Assembly Version of this Bill:: A119
Current Committee:: Senate Rules
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-S6608B (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-S6608B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6608B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public officers law, in relation to accessing
records under the freedom of information law

 
PURPOSE:

The purpose of this bill is to clarify certain provisions of the Freedom
of Information Law (FOIL).

 
SUMMARY OF PROVISIONS:

Section one amends Subparagraph iii of paragraph (b) of subdivision 2
and subdivision 3 of section 89 of the public officers' law to make
various technical and clarifying amendments.

Section two provides the effective date.

 
JUSTIFICATION:

There are two provisions of FOIL that state that an unwarranted invasion
of personal privacy includes the disclosure of a list of names and
addresses if a list would be used for solicitation or fundraising
purposes. The ability to deny access pertains to a list of natural
persons and their residential addresses, since the language includes
personal privacy. The exception should not apply to a list of vendors or
others engaged in a business or professional activities.

Additionally, FOIL does not require an agency to create new records to
respond to a request. The principle is that FOIL pertains to existing
records and does not require that an agency create new records to
respond to a request.

Additionally, there is a need to clarify the existing provisions relat-
ing to the time in which an agency is required to respond to a FOIL
request.

This bill addresses these technical considerations. The changes to FOIL
proposed by this bill were recommended by the Committee on Open Govern-
ment.

 
LEGISLATIVE HISTORY:

2017: A.8255 (Buchwald) - Passed governmental operations and reported to
Rules / S.6816 (Lanza) - Referred to Rules

2018: A.8255 (Buchwald - Passed the Assembly 133 to 0 / S.6816 (Lanza)
Advanced to Third Reading

2019: A.119 (Buchwald) -Referred to governmental operations

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6608B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6608--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 19, 2019
                                ___________
 
 Introduced  by  Sens. HARCKHAM, LANZA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- recommitted to the Committee  on  Investi-
   gations  and  Government  Operations in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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 2 of part GGG of
 chapter 59 of the laws of 2019, 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01195-06-0

 S. 6608--B                          2
 
   (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-
 ing, programming or other services required to  provide  the  copy,  the
 costs  of  which  the  agency  may  recover pursuant to paragraph (c) of
 subdivision one of section eighty-seven of this article.
   (C) An agency may require a  person  requesting  lists  of  names  and
 addresses  to  provide a written certification that such person will not
 use such lists of names OF NATURAL PERSONS and RESIDENTIAL addresses for
 solicitation or fund-raising purposes and will not sell, give or  other-
 wise  make  available  such  lists  of  names and addresses to any other
 person for the purpose of allowing that person  to  use  such  lists  of
 names and addresses for solicitation or fund-raising purposes.
   (D)  If  [an agency determines to grant a request in whole or in part,
 and if] circumstances  prevent  AN  AGENCY  FROM  NOTIFYING  THE  PERSON
 REQUESTING THE RECORD OR RECORDS OF THE AGENCY'S DETERMINATION REGARDING
 THE  RIGHTS OF ACCESS AND disclosure to the person requesting the record
 or records within twenty business days from the date of the acknowledge-
 ment of the receipt of the request, the agency shall state, in  writing,
 both  the  reason  for the inability to [grant the request] DO SO within
 twenty business days and a date  certain  within  a  reasonable  period,
 depending  on  the  circumstances,  when [the request will be granted in
 whole or in part] A DETERMINATION REGARDING DISCLOSURE WILL BE RENDERED.
   (E) Upon payment of, or offer to pay, the fee prescribed therefor, the
 entity shall provide a copy of such record and certify to  the  correct-
 ness  of such copy if so requested, or as the case may be, shall certify
 that it does not have possession of such  record  or  that  such  record
 cannot be found after diligent search.
   (F)  Nothing  in this article shall be construed to require any entity
 to [prepare] CREATE any record not possessed or maintained by such enti-
 ty except the records specified in subdivision three of section  eighty-
 seven  and  subdivision  three  of section eighty-eight of this article.
 When an agency has the ability to retrieve or extract a record  or  data
 maintained in a computer storage system with reasonable effort, it shall
 be  required  to  do  so. When doing so requires less employee time than
 engaging in manual retrieval or redactions from non-electronic  records,
 the  agency shall be required to retrieve or extract such record or data
 electronically. [Any programming necessary to retrieve] THE RETRIEVAL OF
 a record OR DATA maintained in a computer storage system  and  [to]  THE
 transfer  OF  that  record  to  the medium requested by a person or to A
 MEDIUM THAT WOULD allow the transferred record to  be  read  or  printed
 shall not be deemed to be the [preparation or] creation of a new record.
   [(b)]  (G)  All  entities  shall,  provided such entity has reasonable
 means available, accept requests for records submitted in  the  form  of
 electronic  mail  and shall respond to such requests by electronic mail,
 using forms, to the extent practicable,  consistent  with  the  form  or
 forms developed by the committee on open government pursuant to subdivi-
 sion  one  of this section and provided that the written requests do not
 seek a response in some other form.
   [(c)] (H) Each state agency, as defined in subdivision  five  of  this
 section,  that maintains a website shall ensure its website provides for
 the online submission of a request for records pursuant to this article.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6608B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 28, 2020 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Jan 28, 2020

Bill Amendments

co-Sponsors

2019-S6608 - Details

2019-S6608 - Summary

2019-S6608 - Sponsor Memo

2019-S6608 - Bill Text download pdf

co-Sponsors

2019-S6608A - Details

2019-S6608A - Summary

2019-S6608A - Sponsor Memo

2019-S6608A - Bill Text download pdf

co-Sponsors

2019-S6608B (ACTIVE) - Details

2019-S6608B (ACTIVE) - Summary

2019-S6608B (ACTIVE) - Sponsor Memo

2019-S6608B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6608B

Share this bill

Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Andrew J. Lanza

2019-S6608 - Details

2019-S6608 - Summary

2019-S6608 - Sponsor Memo

2019-S6608 - Bill Text download pdf

co-Sponsors

Andrew J. Lanza

2019-S6608A - Details

2019-S6608A - Summary

2019-S6608A - Sponsor Memo

2019-S6608A - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

Andrew J. Lanza

2019-S6608B (ACTIVE) - Details

2019-S6608B (ACTIVE) - Summary

2019-S6608B (ACTIVE) - Sponsor Memo

2019-S6608B (ACTIVE) - Bill Text download pdf

Comments