S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7002--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LAWLER,  DeSTEFANO,  SALKA  -- 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,  the  civil  practice  law  and
   rules  and  the  executive law, in relation to extending provisions of
   the freedom of information law to the state legislature; and to repeal
   section 88 of the public officers law, section 70-0113 of the environ-
   mental conservation law and subdivision 4 of section 308 of the county
   law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 2 and 3 of section 86 of the public officers
 law, as added by chapter 933 of the laws of 1977, are amended and a  new
 subdivision 10 is added to read as follows:
   2.  "State  legislature"  means  the  [legislature of the state of New
 York, including] NEW YORK STATE SENATE, NEW  YORK  STATE  ASSEMBLY,  any
 committee,  subcommittee,  joint committee, select committee, or commis-
 sion thereof, AND ANY MEMBERS, OFFICERS, REPRESENTATIVES  AND  EMPLOYEES
 THEREOF.
   3.  "Agency"  means  any state or municipal department, board, bureau,
 division, commission, committee, public authority,  public  corporation,
 council,  office, or other governmental entity performing a governmental
 or proprietary function for the state or any one or more  municipalities
 thereof, except the judiciary [or the state legislature].
   10.  "RESPECTIVE  HOUSE  OF  THE STATE LEGISLATURE" MEANS THE NEW YORK
 STATE SENATE, NEW YORK STATE ASSEMBLY, AND ANY CORRESPONDING  COMMITTEE,
 SUBCOMMITTEE,  JOINT COMMITTEE, SELECT COMMITTEE, OR COMMISSION THEREOF,
 AND ANY MEMBERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES THEREOF.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09875-02-2
 A. 7002--A                          2
              

 
   § 2. Section 87 of the public officers law, as added by chapter 933 of
 the laws of 1977, paragraph (a) and the opening paragraph  of  paragraph
 (b)  of  subdivision  1  as  amended  by chapter 80 of the laws of 1983,
 subparagraph iii of paragraph (b) of subdivision 1 as amended and  para-
 graph  (c) of subdivision 1 and subdivision 5 as added by chapter 223 of
 the laws of 2008, the opening paragraph and paragraph (e) of subdivision
 2 as amended and subdivision 6 as added by chapter 808 of  the  laws  of
 2021,  paragraph  (d)  of subdivision 2 as amended by chapter 289 of the
 laws of 1990, paragraph (f) of subdivision 2 as amended by  chapter  403
 of  the laws of 2003, paragraph (g) of subdivision 2 as amended by chap-
 ter 510 of the laws of 1999, paragraph (i) of subdivision 2  as  amended
 by  chapter  154  of the laws of 2010, paragraph (j) of subdivision 2 as
 added by chapter 746 of the laws of 1988, paragraph (k) of subdivision 2
 as separately added by chapters 19, 20 and 23 of the laws of 2009, para-
 graph (l) of subdivision 2 as added by section 12 of part II of  chapter
 59 of the laws of 2010, paragraph (m) of subdivision 2 as added by chap-
 ter 189 of the laws of 2013, paragraph (n) of subdivision 2 as separate-
 ly added by chapters 99, 101, and 123 of the laws of 2014, paragraph (o)
 of  subdivision 2 as added by chapter 222 of the laws of 2015, paragraph
 (p) of subdivision 2 as added by section 7 of subpart A of part  ZZZ  of
 chapter  59 of the laws of 2019, paragraph (p) of subdivision 2 as added
 by chapter 148 of the laws of 2019, paragraph (q) of  subdivision  2  as
 added by chapter 145 of the laws of 2019, paragraph (r) of subdivision 2
 as  added  by chapter 421 of the laws of 2021, paragraph (r) of subdivi-
 sion 2 as added by chapter 460 of the laws of  2021,  paragraph  (r)  of
 subdivision 2 as added by chapter 773 of the laws of 2021, paragraph (c)
 of subdivision 3 as amended by chapter 499 of the laws of 2008, subdivi-
 sion  4  as  added  by chapter 890 of the laws of 1981, paragraph (c) of
 subdivision 4 as added by chapter 102 of the laws of 2007  and  subdivi-
 sions 4-a and 4-b as added by chapter 96 of the laws of 2020, is amended
 to read as follows:
   § 87. Access  to  agency  OR  STATE LEGISLATURE records. 1. (a) Within
 sixty days after the effective date of this article, the governing  body
 of  each  public  corporation  shall  promulgate uniform rules and regu-
 lations for all agencies in such public  corporation  pursuant  to  such
 general  rules and regulations as may be promulgated by the committee on
 open government in conformity  with  the  provisions  of  this  article,
 pertaining to the administration of this article.
   (b)  Each agency AND EACH HOUSE OF THE STATE LEGISLATURE shall promul-
 gate rules and regulations, in conformity with this article and applica-
 ble rules and regulations promulgated  pursuant  to  the  provisions  of
 paragraph  (a)  of  this subdivision, and pursuant to such general rules
 and regulations as may be promulgated by the committee on  open  govern-
 ment  in  conformity  with the provisions of this article, pertaining to
 the availability of records and procedures to  be  followed,  including,
 but not limited to:
   i. the times and places such records are available;
   ii. the persons from whom such records may be obtained[,]; and
   iii. the fees for copies of records which shall not exceed twenty-five
 cents  per photocopy not in excess of nine inches by fourteen inches, or
 the actual cost of reproducing any other record in accordance  with  the
 provisions of paragraph (c) of this subdivision, except when a different
 fee is otherwise prescribed by statute.
   (c)  In determining the actual cost of reproducing a record, an agency
 AND THE STATE LEGISLATURE may include only:
 A. 7002--A                          3
 
   i. an amount equal to the hourly salary attributed to the lowest  paid
 EMPLOYEE OF AN agency or [employee] RESPECTIVE HOUSE OF THE STATE LEGIS-
 LATURE  who  has  the  necessary skill required to prepare a copy of the
 requested record;
   ii.  the  actual  cost of the storage devices or media provided to the
 person making the request in complying with such request;
   iii. the actual cost to the agency OR TO THE RESPECTIVE HOUSE  OF  THE
 STATE LEGISLATURE of engaging an outside professional service to prepare
 a copy of a record, but only when an agency's OR RESPECTIVE HOUSE OF THE
 STATE  LEGISLATURE'S  information  technology equipment is inadequate to
 prepare a copy, if such service is used to prepare the copy; and
   iv. preparing a copy shall not include search time  or  administrative
 costs,  and  no fee shall be charged unless at least two hours of agency
 OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE employee time is needed  to
 prepare  a  copy  of  the record requested. A person requesting a record
 shall be informed of the estimated cost  of  preparing  a  copy  of  the
 record  if  more  than two hours of an agency OR RESPECTIVE HOUSE OF THE
 STATE LEGISLATURE employee's time is needed, or if  an  outside  profes-
 sional service would be retained to prepare a copy of the record.
   2.  Each  agency  AND  THE  RESPECTIVE  HOUSE OF THE STATE LEGISLATURE
 shall, in accordance with its published rules, make available for public
 inspection and copying all records, except  those  records  or  portions
 thereof  that  may  be  withheld pursuant to the exceptions of rights of
 access appearing in this subdivision. A denial of access  shall  not  be
 based  solely  on the category or type of such record and shall be valid
 only when there is a particularized and specific justification for  such
 denial.  Each  agency  AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
 shall, in accordance with its published rules, make available for public
 inspection and copying all records, except  that  such  agency  AND  THE
 RESPECTIVE  HOUSE OF THE STATE LEGISLATURE may deny access to records or
 portions thereof that:
   (a) are specifically exempted from  disclosure  by  state  or  federal
 statute;
   (b)  if disclosed would constitute an unwarranted invasion of personal
 privacy under the provisions of subdivision two of  section  eighty-nine
 of this article;
   (c)  if  disclosed would impair present or imminent contract awards or
 collective bargaining negotiations PROVIDED, HOWEVER, THAT THE  PROPOSED
 TERMS  OF  AN AGREEMENT BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE ORGAN-
 IZATION, AS THOSE TERMS ARE DEFINED IN ARTICLE  FOURTEEN  OF  THE  CIVIL
 SERVICE LAW, THAT REQUIRE RATIFICATION BY MEMBERS OF THE EMPLOYEE ORGAN-
 IZATION OR BY THE PUBLIC EMPLOYER, WHERE APPLICABLE, OR APPROVAL OF SUCH
 PROVISIONS  BY  THE  APPROPRIATE LEGISLATIVE BODY AS REQUIRED BY SECTION
 TWO HUNDRED FOUR-A OF THE CIVIL SERVICE LAW, SHALL BE MADE AVAILABLE  TO
 THE PUBLIC NO LATER THAN WHEN SUCH PROPOSED TERMS ARE SENT TO MEMBERS OF
 THE   EMPLOYEE  ORGANIZATION  FOR  RATIFICATION,  WHEN  SUCH  TERMS  ARE
 PRESENTED TO THE EMPLOYER FOR RATIFICATION, WHERE  APPLICABLE,  OR  WHEN
 THE  PROVISIONS  OF SUCH AGREEMENT REQUIRING APPROVAL BY THE APPROPRIATE
 LEGISLATIVE BODY PURSUANT TO SECTION TWO HUNDRED  FOUR-A  OF  THE  CIVIL
 SERVICE  LAW  ARE  SUBMITTED  TO  SUCH BODY, WHICHEVER DATE IS EARLIEST.
 ADDITIONALLY, A COPY OF THE PROPOSED TERMS OF SUCH  AGREEMENT  SHALL  BE
 PLACED  ON  THE  WEBSITE  OF  THE  APPLICABLE  PUBLIC  EMPLOYER, IF SUCH
 WEBSITES EXIST, AND WITHIN THE LOCAL PUBLIC  LIBRARIES  AND  OFFICES  OF
 SUCH PUBLIC EMPLOYER, OR IN THE CASE OF COLLECTIVE BARGAINING AGREEMENTS
 NEGOTIATED  BY  THE  STATE,  ON  THE  WEBSITE  OF THE OFFICE OF EMPLOYEE
 RELATIONS ON SUCH DATE;
 A. 7002--A                          4

   (d) are trade secrets or are submitted to an agency OR TO THE  RESPEC-
 TIVE  HOUSE  OF  THE  STATE  LEGISLATURE  by  a commercial enterprise or
 derived from information obtained from a commercial enterprise and which
 if disclosed would cause substantial injury to the competitive  position
 of the subject enterprise;
   (e)  are  prepared or created for law enforcement purposes only to the
 extent that disclosure would:
   i.  interfere  with  law  enforcement   investigations   or   judicial
 proceedings,  provided  however,  that  any  agency  considering denying
 access pursuant to this subparagraph shall proceed  in  accordance  with
 subdivision six of this section;
   ii.  deprive  a person of a right to a fair trial or impartial adjudi-
 cation;
   iii. identify a confidential source or disclose confidential  informa-
 tion relating to a criminal investigation; or
   iv.  reveal  criminal  investigative  techniques or procedures, except
 routine techniques and procedures;
   (f) if disclosed could endanger CRITICAL INFRASTRUCTURE OR the life or
 safety of any person;
   (g) are inter-agency or intra-agency materials which are not:
   i. statistical or factual tabulations or data;
   ii. instructions to staff that affect the public;
   iii. final agency policy or determinations;
   iv. external audits, including but not limited to audits performed  by
 the comptroller and the federal government; [or]
   (G-1)  ARE  MATERIALS EXCHANGED WITHIN THE STATE LEGISLATURE WHICH ARE
 NOT:
   I. STATISTICAL OR FACTUAL TABULATIONS OR DATA;
   II. INSTRUCTIONS TO STAFF THAT AFFECT THE PUBLIC;
   III. FINAL POLICY OR DETERMINATIONS OF THE  RESPECTIVE  HOUSE  OF  THE
 STATE LEGISLATURE;
   IV.  EXTERNAL AUDITS, INCLUDING BUT NOT LIMITED TO AUDITS PERFORMED BY
 THE COMPTROLLER AND THE FEDERAL GOVERNMENT;
   (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, THE
 STATE LEGISLATURE, or an entity that  has  shared  information  with  an
 agency  OR THE STATE LEGISLATURE to guarantee the security of its infor-
 mation 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[.];
   (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[.];
   (m)  are  photographs,  microphotographs,  videotape or other recorded
 images prepared under the authority of section eleven  hundred  eighty-b
 of the vehicle and traffic law[.];
   (n)  are  photographs,  microphotographs,  videotape or other recorded
 images prepared under authority of section eleven  hundred  eleven-d  of
 the vehicle and traffic law[.];
 A. 7002--A                          5
 
   (o)  are  photographs,  microphotographs,  videotape or other recorded
 images prepared under authority of section eleven  hundred  eleven-e  of
 the vehicle and traffic law[.];
   (p)  are  data  or  images  produced  by an electronic toll collection
 system under authority of article forty-four-C of the vehicle and  traf-
 fic  law  and  in title three of article three of the public authorities
 law[.];
   (p) are photographs, microphotographs,  videotape  or  other  recorded
 images  prepared  under the authority of section eleven hundred eighty-d
 of the vehicle and traffic law[.];
   (q) are photographs, microphotographs,  videotape  or  other  recorded
 images prepared under authority of section eleven hundred seventy-four-a
 of the vehicle and traffic law[.];
   (r)  are  photographs,  microphotographs,  videotape or other recorded
 images prepared under the authority of section eleven  hundred  eighty-e
 of the vehicle and traffic law[.
   (r)];
   (S)  are  photographs,  microphotographs,  videotape or other recorded
 images prepared under authority of section eleven  hundred  eleven-f  of
 the vehicle and traffic law[.
   (r)]; OR
   (T)  are  photographs,  microphotographs,  videotape or other recorded
 images or information and data prepared under authority of section three
 hundred eighty-five-a of the vehicle and traffic law.
   3. Each agency AND RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE  shall
 maintain:
   (a) a record of the final vote of each member in every agency OR STATE
 LEGISLATURE proceeding in which the member votes;
   (B)  A  RECORD  OF  VOTES  OF  EACH  MEMBER IN EVERY SESSION AND EVERY
 COMMITTEE AND SUBCOMMITTEE MEETING IN WHICH THE MEMBER OF THE SENATE  OR
 ASSEMBLY VOTES;
   [(b)]  (C)  a  record  setting  forth the name, public office address,
 title and salary of every officer or employee of the agency OR THE STATE
 LEGISLATURE; and
   [(c)] (D) a reasonably detailed current list by subject matter of  all
 records in the possession of the agency OR STATE LEGISLATURE, whether or
 not  available under this article. Each agency AND EACH RESPECTIVE HOUSE
 OF THE STATE LEGISLATURE shall update its subject matter list  annually,
 and  the date of the most recent update shall be conspicuously indicated
 on the list. [Each] THE STATE  LEGISLATURE  AND  EACH  state  agency  as
 defined  in  subdivision  four  of this section that maintains a website
 shall post its current list on its website and  such  posting  shall  be
 linked  to  the  website  of  the committee on open government. Any such
 agency OR PART OF THE STATE LEGISLATURE that does not maintain a website
 shall arrange to have its list posted on the website of the committee on
 open government.
   4. (a) Each state agency OR RESPECTIVE HOUSE OF THE STATE  LEGISLATURE
 which maintains records containing trade secrets, to which access may be
 denied  pursuant  to  paragraph  (d) of subdivision two of this section,
 shall promulgate regulations in conformity with the provisions of subdi-
 vision five of section eighty-nine of this article  pertaining  to  such
 records, including, but not limited to the following:
   (1) the manner of identifying the records or parts;
   (2)  the manner of identifying persons within the agency OR RESPECTIVE
 HOUSE OF THE STATE LEGISLATURE to whose custody  the  records  or  parts
 A. 7002--A                          6
 
 will  be  charged and for whose inspection and study the records will be
 made available;
   (3)  the manner of safeguarding against any unauthorized access to the
 records.
   (b) As used in this subdivision the term "agency"  or  "state  agency"
 means  only  a  state department, board, bureau, division, council [or],
 office and any public corporation the  majority  of  whose  members  are
 appointed by the governor.
   (c) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
 LEGISLATURE  AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
 ARTICLE.
   (D) Each state agency AND RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE
 that  maintains a website shall post information related to this article
 and article six-A of this chapter on its website. Such information shall
 include, at a minimum, contact information for  the  persons  from  whom
 records  of  the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may
 be obtained, the  times  and  places  such  records  are  available  for
 inspection  and  copying,  and  information on how to request records in
 person, by mail, and, if the agency OR RESPECTIVE  HOUSE  OF  THE  STATE
 LEGISLATURE accepts requests for records electronically, by e-mail. This
 posting  shall be linked to the website of the committee on open govern-
 ment.
   4-a. A law enforcement agency responding to a request for law enforce-
 ment disciplinary records as defined in section eighty-six of this arti-
 cle shall redact any portion of such record containing  the  information
 specified  in  subdivision  two-b of section eighty-nine of this article
 prior to disclosing such record under this article.
   4-b. A law enforcement agency responding to a request for law enforce-
 ment disciplinary records, as defined  in  section  eighty-six  of  this
 article,  may  redact any portion of such record containing the informa-
 tion specified in subdivision two-c of section eighty-nine of this arti-
 cle prior to disclosing such record under this article.
   5. (a) An agency AND THE RESPECTIVE HOUSE  OF  THE  STATE  LEGISLATURE
 shall provide records on the medium requested by a person, if the agency
 OR  THE  RESPECTIVE  HOUSE  OF THE STATE LEGISLATURE can reasonably make
 such copy or have such copy made by  engaging  an  outside  professional
 service. Records provided in a computer format shall not be encrypted.
   (b)  No  agency  NOR THE STATE LEGISLATURE shall enter into or renew a
 contract for the creation or maintenance of  records  if  such  contract
 impairs  the  right of the public to inspect or copy the agency's OR THE
 STATE LEGISLATURE'S records.
   6. When a request is made for agency OR STATE LEGISLATIVE records  and
 the  agency  OR HOUSE OF THE STATE LEGISLATURE receiving such request is
 considering denying access pursuant to subparagraph i of  paragraph  (e)
 of  subdivision two of this section on the grounds that disclosure would
 interfere with a judicial proceeding, the agency OR HOUSE OF  THE  STATE
 LEGISLATURE  receiving  such  request shall promptly notify, in writing,
 the judge before whom such judicial proceeding is pending and the person
 making the request. Such judge shall notify the  person  requesting  the
 record  of  its  receipt,  and  offer the person requesting the record a
 reasonable opportunity to be heard. After due deliberation,  such  judge
 shall determine whether access to such records should be denied pursuant
 to  subparagraph  i  of paragraph (e) of subdivision two of this section
 and shall submit such determination in writing to the agency OR HOUSE OF
 THE STATE LEGISLATURE and the person requesting the record.  The  agency
 A. 7002--A                          7
 
 shall  then  proceed as required pursuant to this article, in accordance
 with the court's determination.
   7.  (A)  EACH AGENCY AND HOUSE OF THE STATE LEGISLATURE SHALL PUBLISH,
 ON ITS INTERNET WEBSITE, TO THE EXTENT PRACTICABLE, RECORDS OR  PORTIONS
 OF  RECORDS  THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO THE PROVISIONS
 OF THIS ARTICLE, OR WHICH, IN CONSIDERATION OF THEIR NATURE, CONTENT  OR
 SUBJECT  MATTER,  ARE  DETERMINED  BY  THE  AGENCY OR HOUSE OF THE STATE
 LEGISLATURE TO BE OF  SUBSTANTIAL  INTEREST  TO  THE  PUBLIC.  ANY  SUCH
 RECORDS  MAY  BE  REMOVED  FROM  THE INTERNET WEBSITE WHEN THE AGENCY OR
 HOUSE OF THE STATE LEGISLATURE DETERMINES THAT THEY  ARE  NO  LONGER  OF
 SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM
 THE  INTERNET  WEBSITE  WHEN  THEY  HAVE  REACHED THE END OF THEIR LEGAL
 RETENTION PERIOD. GUIDANCE ON CREATING RECORDS IN ACCESSIBLE FORMATS AND
 ENSURING THEIR CONTINUING ACCESSIBILITY  SHALL  BE  AVAILABLE  FROM  THE
 OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE STATE ARCHIVES.
   (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY TO RECORDS OR PORTIONS OF RECORDS THE DISCLOSURE  OF  WHICH  WOULD
 CONSTITUTE  AN  UNWARRANTED  INVASION  OF PERSONAL PRIVACY IN ACCORDANCE
 WITH SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THIS ARTICLE.
   (C) THE COMMITTEE ON OPEN GOVERNMENT SHALL  PROMULGATE  GUIDELINES  TO
 EFFECTUATE THIS SUBDIVISION.
   (D)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED AS TO LIMIT OR
 ABRIDGE THE POWER OF AN AGENCY OR HOUSE  OF  THE  STATE  LEGISLATURE  TO
 PUBLISH  RECORDS  ON  ITS  INTERNET  WEBSITE  THAT  ARE  SUBJECT  TO THE
 PROVISIONS OF THIS ARTICLE PRIOR TO A WRITTEN  REQUEST  OR  PRIOR  TO  A
 FREQUENT REQUEST.
   § 3. Section 88 of the public officers law is REPEALED.
   § 4. Section 89 of the public officers law, as added by chapter 933 of
 the  laws  of 1977, paragraph (a) of subdivision 1 as amended by chapter
 33 of the laws of 1984, paragraph (b) of subdivision  1  as  amended  by
 chapter  182 of the laws of 2006, subdivision 2 as amended by section 11
 of part U of chapter 61 of the laws of 2011, paragraph (b)  of  subdivi-
 sion  2 as amended by section 2 of part GGG of chapter 59 of the laws of
 2019, subdivision 2-a as added by chapter  652  of  the  laws  of  1983,
 subdivisions  2-b  and  2-c  as added by chapter 96 of the laws of 2020,
 subdivision 3 as amended by chapter 223 of the laws of  2008,  paragraph
 (c)  of subdivision 3 as added by chapter 47 of the laws of 2018, subdi-
 vision 4 as amended by chapter 22 of the laws of 2005, paragraph (c)  of
 subdivision  4  as amended by chapter 453 of the laws of 2017, paragraph
 (d) of subdivision 4 as added by chapter 487 of the laws of 2016, subdi-
 vision 5 as added by chapter 890 of the laws of 1981, paragraph  (a)  of
 subdivision  5  as amended by chapter 403 of the laws of 2003, paragraph
 (d) of subdivision 5 as amended by chapter 707  of  the  laws  of  2019,
 subdivision  6  as amended and subdivision 10 as added by chapter 808 of
 the laws of 2021, subdivision 7 as added by chapter 783 of the  laws  of
 1983,  subdivision  8  as  added by chapter 705 of the laws of 1989, and
 subdivision 9 as added by chapter 351 of the laws of 2008, is amended to
 read as follows:
   § 89. General provisions relating to access to records; certain cases.
 The provisions of this section apply to access to all records, except as
 hereinafter specified:
   1. (a) The committee on open government is continued and shall consist
 of the lieutenant governor or the delegate of such officer,  the  secre-
 tary of state or the delegate of such officer, whose office shall act as
 secretariat for the committee, the commissioner of the office of general
 services  or the delegate of such officer, the director of the budget or
 A. 7002--A                          8
 
 the delegate of such officer, and seven  other  persons,  none  of  whom
 shall  hold  any other state or local public office except the represen-
 tative of local governments as set forth  herein,  to  be  appointed  as
 follows:  five  by  the  governor, at least two of whom are or have been
 representatives of the news media, one of whom shall be a representative
 of local government who, at the time of appointment,  is  serving  as  a
 duly  elected officer of a local government, one by the temporary presi-
 dent of the senate, and one by the speaker of the assembly. The  persons
 appointed  by  the  temporary president of the senate and the speaker of
 the assembly shall be appointed to serve, respectively, until the  expi-
 ration of the terms of office of the temporary president and the speaker
 to  which  the  temporary  president  and speaker were elected. The four
 persons presently serving by appointment of the governor for fixed terms
 shall continue to serve until the expiration of their respective  terms.
 Thereafter,  their respective successors shall be appointed for terms of
 four years. The member representing local government shall be  appointed
 for  a  term  of  four years, so long as such member shall remain a duly
 elected officer of a local government. The committee shall hold no  less
 than two meetings annually, but may meet at any time. The members of the
 committee  shall  be  entitled  to  reimbursement  for  actual  expenses
 incurred in the discharge of their duties.
   (b) The committee shall:
   i. furnish to any agency AND TO EACH HOUSE OF  THE  STATE  LEGISLATURE
 advisory guidelines, opinions or other appropriate information regarding
 this article;
   ii.  furnish  to  any  person  advisory  opinions or other appropriate
 information regarding this article;
   iii. promulgate rules and regulations with respect to the  implementa-
 tion  of  subdivision  one  and  paragraph  (c)  of subdivision three of
 section eighty-seven of this article;
   iv. request from any agency AND FROM EITHER HOUSE OF THE STATE  LEGIS-
 LATURE  such  assistance,  services  and  information as will enable the
 committee to effectively carry out its powers and duties;
   v. develop a form, which shall be made available on the internet, that
 may be used by the public to request a record; and
   vi. report on its activities and findings regarding this  article  and
 article  seven of this chapter, including recommendations for changes in
 the law, to the governor and the  legislature  annually,  on  or  before
 December fifteenth.
   2. (a) The committee on [public access to records] OPEN GOVERNMENT may
 promulgate guidelines regarding deletion of identifying details or with-
 holding  of  records  otherwise  available under this article to prevent
 unwarranted invasions of personal privacy. In the absence of such guide-
 lines, an agency AND THE RESPECTIVE HOUSE OF THE STATE  LEGISLATURE  may
 delete identifying details when it makes records available.
   (b)  An  unwarranted  invasion of personal privacy includes, but shall
 not be limited to:
   i. disclosure of employment, medical or credit histories  or  personal
 references of applicants for employment;
   ii. disclosure of items involving the medical or personal records of a
 client or patient in a medical facility;
   iii.  sale  or  release  of lists of names and addresses if such lists
 would be used for solicitation or fund-raising purposes;
   iv. disclosure of information of a  personal  nature  when  disclosure
 would  result  in economic or personal hardship to the subject party and
 A. 7002--A                          9
 
 such information is not relevant to the work of the agency OR RESPECTIVE
 HOUSE OF THE STATE LEGISLATURE requesting or maintaining it;
   v.  disclosure  of information of a personal nature reported in confi-
 dence to an agency OR TO THE STATE LEGISLATURE and not relevant  to  the
 ordinary work of such agency OR THE STATE LEGISLATURE;
   vi.  information  of a personal nature contained in a workers' compen-
 sation record, except as provided by section one hundred  ten-a  of  the
 workers' compensation law;
   vii.  disclosure  of electronic contact information, such as an e-mail
 address or a social network username, that has  been  collected  from  a
 taxpayer  under  section  one hundred four of the real property tax law;
 [or]
   viii. disclosure of law enforcement arrest or booking  photographs  of
 an  individual,  unless  public release of such photographs will serve a
 specific law enforcement purpose and disclosure is not precluded by  any
 state or federal laws[.]; OR
   IX. DISCLOSURE OF COMMUNICATIONS OF A PERSONAL NATURE BETWEEN LEGISLA-
 TORS AND THEIR CONSTITUENTS.
   (c) Unless otherwise provided by this article, disclosure shall not be
 construed  to  constitute  an  unwarranted  invasion of personal privacy
 pursuant to paragraphs (a) and (b) of this subdivision:
   i. when identifying details are deleted;
   ii. when the person to whom a record pertains consents in  writing  to
 disclosure;
   iii. when upon presenting reasonable proof of identity, a person seeks
 access to records pertaining to him or her; or
   iv.  when  a record or group of records relates to the right, title or
 interest in real property, or relates to the inventory, status or  char-
 acteristics  of  real  property,  in which case disclosure and providing
 copies of such record or group of records shall not be deemed an  unwar-
 ranted  invasion of personal privacy, provided that nothing herein shall
 be construed to authorize the disclosure of electronic contact  informa-
 tion,  such  as an e-mail address or a social network username, that has
 been collected from a taxpayer under section one  hundred  four  of  the
 real property tax law.
   2-a. Nothing in this article shall permit disclosure which constitutes
 an  unwarranted  invasion  of personal privacy as defined in subdivision
 two of this section if such disclosure is prohibited under section nine-
 ty-six of this chapter.
   2-b. For records that constitute law enforcement disciplinary  records
 as  defined  in subdivision six of section eighty-six of this article, a
 law enforcement agency shall redact the following information from  such
 records prior to disclosing such records under this article:
   (a)  items involving the medical history of a person employed by a law
 enforcement agency as defined in section eighty-six of this article as a
 police officer, peace officer, or firefighter or  firefighter/paramedic,
 not including records obtained during the course of an agency's investi-
 gation  of such person's misconduct that are relevant to the disposition
 of such investigation;
   (b) the home addresses,  personal  telephone  numbers,  personal  cell
 phone  numbers,  personal e-mail addresses of a person employed by a law
 enforcement agency as defined in section eighty-six of this article as a
 police officer, peace officer, or firefighter or  firefighter/paramedic,
 or  a  family member of such a person, a complainant or any other person
 named in a law enforcement disciplinary record,  except  where  required
 pursuant  to article fourteen of the civil service law, or in accordance
 A. 7002--A                         10
 
 with subdivision four of section two hundred eight of the civil  service
 law,  or as otherwise required by law. This paragraph shall not prohibit
 other provisions  of  law  regarding  work-related,  publicly  available
 information such as title, salary, and dates of employment;
   (c) any social security numbers; or
   (d)  disclosure  of  the use of an employee assistance program, mental
 health service, or  substance  abuse  assistance  service  by  a  person
 employed by a law enforcement agency as defined in section eighty-six of
 this  article  as  a  police  officer,  peace officer, or firefighter or
 firefighter/paramedic, unless such use is mandated by a law  enforcement
 disciplinary proceeding that may otherwise be disclosed pursuant to this
 article.
   2-c.   For  records  that  constitute  "law  enforcement  disciplinary
 records" as defined in subdivision six of  section  eighty-six  of  this
 article, a law enforcement agency may redact records pertaining to tech-
 nical  infractions  as defined in subdivision nine of section eighty-six
 of this article prior to disclosing such records under this article.
   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,  including,
 where  appropriate, a statement that access to the record will be deter-
 mined in accordance with subdivision five of this section. [An]  NEITHER
 AN  agency  NOR  THE STATE LEGISLATURE shall [not] deny a request on the
 basis that the request is voluminous or that locating or  reviewing  the
 requested  records  or  providing  the  requested  copies  is burdensome
 because the agency OR RESPECTIVE HOUSE OF THE  STATE  LEGISLATURE  lacks
 sufficient  staffing  or  on any other basis if the agency OR RESPECTIVE
 HOUSE OF THE  STATE  LEGISLATURE  may  engage  an  outside  professional
 service  to  provide  copying, 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 arti-
 cle.  An agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE 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 and
 addresses for solicitation or fund-raising purposes and will  not  sell,
 give  or  otherwise  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.
 If an agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE determines  to
 grant  a  request  in  whole  or  in  part, and if circumstances prevent
 disclosure to the person requesting the record or records within  twenty
 business days from the date of the acknowledgement of the receipt of the
 request,  the  agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
 state, in writing, both the  reason  for  the  inability  to  grant  the
 request  within twenty business days and a date certain within a reason-
 able period, depending on the circumstances, when the  request  will  be
 granted  in  whole or in part. Upon payment of, or offer to pay, the fee
 prescribed therefor, the entity shall provide a copy of such record  and
 certify  to the correctness 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. Nothing in  this
 article  shall  be construed to require any entity to prepare any record
 A. 7002--A                         11

 not possessed or maintained by such entity except the records  specified
 in  subdivision  three of section eighty-seven [and subdivision three of
 section eighty-eight] of this article. When an agency OR THE  RESPECTIVE
 HOUSE  OF THE STATE LEGISLATURE 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 AND RESPECTIVE HOUSE OF THE STATE LEGIS-
 LATURE shall be required to retrieve or  extract  such  record  or  data
 electronically.  Any  programming  necessary  to retrieve a record main-
 tained in a computer storage system and to transfer that record  to  the
 medium  requested  by  a person or to allow the transferred record to be
 read or printed shall not be deemed to be the preparation or creation of
 a new record.
   (b) All entities shall, provided  such  entity  has  reasonable  means
 available,  accept  requests  for records submitted in the form of elec-
 tronic 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 subdivision
 one of this section and provided that the written requests do not seek a
 response in some other form.
   (c) 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.
   4.  (a)  Except  as  provided in subdivision five of this section, any
 person denied access to a record may within thirty days appeal in  writ-
 ing  such  denial  to the head, chief executive or governing body of the
 entity, or the person therefor designated by such head, chief executive,
 or governing body, who shall within ten business days of the receipt  of
 such appeal fully explain in writing to the person requesting the record
 the  reasons for further denial, or provide access to the record sought.
 In addition, each agency OR THE RESPECTIVE HOUSE OF THE  STATE  LEGISLA-
 TURE  shall  immediately  forward  to the committee on open government a
 copy of such appeal when received by the agency OR SUCH  HOUSE  and  the
 ensuing  determination thereon. Failure by an agency OR RESPECTIVE HOUSE
 OF THE STATE LEGISLATURE to conform to  the  provisions  of  subdivision
 three of this section shall constitute a denial.
   (b)  Except  as provided in subdivision five of this section, a person
 denied  access  to  a  record  in  an  appeal  determination  under  the
 provisions  of  paragraph (a) of this subdivision may bring a proceeding
 for review of such denial pursuant to article seventy-eight of the civil
 practice law and rules. In the event that access to any record is denied
 pursuant to the provisions of subdivision two of section eighty-seven of
 this article, the agency OR RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE
 involved  shall have the burden of proving that such record falls within
 the provisions of such subdivision two. Failure by an agency OR  RESPEC-
 TIVE  HOUSE  OF  THE  STATE  LEGISLATURE to conform to the provisions of
 paragraph (a) of this subdivision shall constitute a denial.
   (c) The court in such a proceeding: (i) may assess, against such agen-
 cy involved, reasonable  attorney's  fees  and  other  litigation  costs
 reasonably  incurred  by such person in any case under the provisions of
 this section in which such person has substantially prevailed, and  when
 the agency failed to respond to a request or appeal within the statutory
 time;  and  (ii)  shall assess, against such agency involved, reasonable
 attorney's fees and other litigation costs reasonably incurred  by  such
 person  in  any  case under the provisions of this section in which such
 A. 7002--A                         12
 
 person has substantially prevailed and the court finds that  the  agency
 had no reasonable basis for denying access.
   (d)  (i) Appeal to the appellate division of the supreme court must be
 made in accordance with subdivision (a) of  section  fifty-five  hundred
 thirteen of the civil practice law and rules.
   (ii)  An appeal from an agency OR RESPECTIVE HOUSE OF THE STATE LEGIS-
 LATURE taken from an order of the court requiring disclosure of  any  of
 all records sought:
   (A) shall be given preference;
   (B)  shall  be brought on for argument on such terms and conditions as
 the presiding justice may direct, upon application of any party  to  the
 proceedings; and
   (C) shall be deemed abandoned if the agency OR RESPECTIVE HOUSE OF THE
 STATE  LEGISLATURE  fails  to  serve  and file a record and brief within
 sixty days after the date of service upon the petitioner of  the  notice
 of  appeal, unless consent to further extension is given by all parties,
 or unless further extension is granted by the court upon such  terms  as
 may be just and upon good cause shown.
   5.  (a)  (1) A person acting pursuant to law or regulation who, subse-
 quent to the effective date of this subdivision, submits any information
 to any state agency OR TO THE RESPECTIVE HOUSE OF THE STATE  LEGISLATURE
 may,  at  the  time of submission, request that the agency OR SUCH HOUSE
 PROVISIONALLY except such information from  disclosure  under  paragraph
 (d)  of  subdivision  two of section eighty-seven 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 PROVISIONALLY excepted from disclosure.
   (1-a) A person or entity who submits or otherwise makes available  any
 records  to  any  agency  OR HOUSE OF THE STATE LEGISLATURE, may, at any
 time, identify those records or portions thereof that may contain  crit-
 ical infrastructure information, and request that the agency OR HOUSE OF
 THE  STATE  LEGISLATURE that maintains such records except such informa-
 tion from disclosure under subdivision two of  section  eighty-seven  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 PROVISIONALLY excepted from disclosure.
   (2)  The  request  for an exception shall be in writing, SHALL SPECIF-
 ICALLY IDENTIFY WHICH PORTIONS OF THE RECORD  ARE  THE  SUBJECT  OF  THE
 REQUEST  FOR  EXCEPTION  and SHALL state the reasons why the information
 should be PROVISIONALLY excepted from disclosure. ANY SUCH  REQUEST  FOR
 AN EXCEPTION SHALL BE EFFECTIVE FOR A FIVE-YEAR PERIOD FROM THE AGENCY'S
 OR   RESPECTIVE  HOUSE  OF  THE  STATE  LEGISLATURE'S  RECEIPT  THEREOF.
 PROVIDED, HOWEVER, THAT NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRATION
 OF THE THEN CURRENT TERM OF THE EXCEPTION  REQUEST,  THE  SUBMITTER  MAY
 APPLY  TO  THE AGENCY OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE FOR A
 TWO-YEAR EXTENSION OF ITS EXCEPTION REQUEST. UPON TIMELY  RECEIPT  OF  A
 REQUEST  FOR  AN EXTENSION OF AN EXCEPTION REQUEST, AN AGENCY OR RESPEC-
 TIVE HOUSE OF THE STATE LEGISLATURE MAY EITHER  (A)  PERFORM  A  CURSORY
 REVIEW  OF  THE  APPLICATION  AND GRANT THE EXTENSION SHOULD IT FIND ANY
 JUSTIFICATION FOR SUCH DETERMINATION, OR (B) COMMENCE THE PROCEDURE  SET
 FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION TO MAKE A FINAL DETERMINATION
 GRANTING OR TERMINATING SUCH EXCEPTION.
   (3)  Information  submitted as provided in subparagraphs one and one-a
 of this paragraph shall be PROVISIONALLY excepted from disclosure and be
 maintained apart by the agency AND THE RESPECTIVE  HOUSE  OF  THE  STATE
 LEGISLATURE  from  all other records until THE EXPIRATION OF THE SUBMIT-
 A. 7002--A                         13
 
 TER'S EXCEPTION REQUEST OR fifteen days after the  entitlement  to  such
 exception has been finally determined or such further time as ordered by
 a court of competent jurisdiction.
   (b) [On the] DURING THE EFFECTIVE PERIOD OF AN EXCEPTION REQUEST UNDER
 THIS SUBDIVISION, ON THE initiative of the agency OR EITHER HOUSE OF THE
 STATE  LEGISLATURE  at any time, or upon the request of any person for a
 record excepted from disclosure pursuant to this subdivision, the agency
 OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall:
   (1) inform the person who requested the exception of the  agency's  OR
 SUCH  HOUSE'S  intention  to  determine whether such exception should be
 granted or continued;
   (2) permit the person who requested the exception, within ten business
 days of receipt of notification from the agency OR RESPECTIVE  HOUSE  OF
 THE  STATE  LEGISLATURE,  to submit a written statement of the necessity
 for the granting or continuation of such exception;
   (3) within seven business days of receipt of such  written  statement,
 or within seven business days of the expiration of the period prescribed
 for  submission  of such statement, issue a written determination grant-
 ing, continuing or terminating such exception and  stating  the  reasons
 therefor;  copies of such determination shall be served upon the person,
 if any, requesting the record, the person who requested  the  exception,
 and the committee on [public access to records] OPEN GOVERNMENT.
   (c)  A  denial  of an exception from disclosure under paragraph (b) of
 this subdivision may be appealed by the person submitting  the  informa-
 tion  and a denial of access to the record may be appealed by the person
 requesting the record in accordance with this subdivision:
   (1) Within seven business days of receipt of  written  notice  denying
 the request, the person may file a written appeal from the determination
 of  the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE with the
 head of the agency OR RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE,  the
 chief  executive officer or governing body or their designated represen-
 tatives.
   (2) The appeal shall be determined within ten  business  days  of  the
 receipt  of  the  appeal.  Written  notice of the determination shall be
 served upon the person, if any, requesting the record,  the  person  who
 requested  the exception and the committee on [public access to records]
 OPEN GOVERNMENT. The notice shall contain a statement of the reasons for
 the determination.
   (d) (i) A proceeding to review an adverse  determination  pursuant  to
 paragraph  (c)  of this subdivision may be commenced pursuant to article
 seventy-eight of the civil practice law and rules. Such proceeding, when
 brought by a person seeking an exception  from  disclosure  pursuant  to
 this  subdivision,  must be commenced within fifteen days of the service
 of the written notice containing the adverse determination provided  for
 in subparagraph two of paragraph (c) of this subdivision. The proceeding
 shall  be  given preference and shall be brought on for argument on such
 terms and conditions as the presiding justice may direct, not to  exceed
 forty-five days.
   (ii)  Appeal  to  the  appellate division of the supreme court must be
 made in accordance with subdivision (a) of  section  fifty-five  hundred
 thirteen of the civil practice law and rules.
   (iii) An appeal taken from an order of the court requiring disclosure:
   (A) shall be given preference; and
   (B)  shall  be brought on for argument on such terms and conditions as
 the presiding justice may direct, NOT TO EXCEED SIXTY DAYS, upon  appli-
 cation by any party to the proceeding; and
 A. 7002--A                         14
 
   (C)  shall  be deemed abandoned when the party requesting an exclusion
 from disclosure fails to serve  and  file  a  record  and  brief  within
 [sixty]  THIRTY  days  after  the  date  of the notice of appeal, unless
 consent of further extension is given by all parties, or unless  further
 extension  is  granted  by  the court upon such terms as may be just and
 upon good cause shown.
   (e) The person requesting an exception  from  disclosure  pursuant  to
 this  subdivision  shall  in  all proceedings have the burden of proving
 entitlement to the exception.
   (f) Where the agency OR THE RESPECTIVE HOUSE OF THE STATE  LEGISLATURE
 denies  access  to  a  record pursuant to paragraph [(d) of] (B) OF THIS
 SUBDIVISION IN CONJUNCTION WITH subdivision two of section  eighty-seven
 of this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
 shall  have  the  burden  of  proving  that  the record falls within the
 provisions of such exception.
   (g) Nothing in this subdivision shall be construed to deny any  person
 access,  pursuant  to  the  remaining provisions of this article, to any
 record or part excepted from disclosure upon the express written consent
 of the person who had requested the exception.
   (h) As used in this subdivision the term "agency"  or  "state  agency"
 means  only  a  state  department,  board,  bureau, division, council or
 office and any public corporation the  majority  of  whose  members  are
 appointed by the governor.
   (I) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
 LEGISLATURE  AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
 ARTICLE.
   6. Nothing in this article shall be construed to limit or abridge  any
 otherwise  available right of access at law or in equity of any party to
 records. A denial of access to records or to portions  thereof  pursuant
 to  this  article shall not limit or abridge any party's right of access
 to such records pursuant to the civil practice law and rules, the crimi-
 nal procedure law, or any other law.
   7. Nothing in this article shall require the disclosure  of  the  home
 address  of  an officer or employee, former officer or employee, or of a
 retiree of a public employees' retirement system; nor shall anything  in
 this  article  require  the  disclosure of the name or home address of a
 beneficiary of a public employees' retirement system or of an  applicant
 for  appointment to public employment; provided however, that nothing in
 this subdivision shall limit or abridge the right of an employee  organ-
 ization,  certified or recognized for any collective negotiating unit of
 an employer pursuant to article fourteen of the civil  service  law,  to
 obtain  the  name or home address of any officer, employee or retiree of
 such employer, if such name or home address is otherwise available under
 this article.
   8. Any person who, with intent to prevent the public inspection  of  a
 record pursuant to this article, willfully conceals or destroys any such
 record shall be guilty of a violation.
   9. When records maintained electronically include items of information
 that would be available under this article, as well as items of informa-
 tion  that  may  be withheld, an agency OR RESPECTIVE HOUSE OF THE STATE
 LEGISLATURE in designing its  information  retrieval  methods,  whenever
 practicable  and  reasonable,  shall  do so in a manner that permits the
 segregation and retrieval of available items in order to provide maximum
 public access.
   10. Nothing in this article shall be construed to limit  a  person  or
 entity  that  is  a  party to any civil or criminal action or proceeding
 A. 7002--A                         15
 
 from gaining access to records pursuant to this article relating to such
 action or proceeding, provided, however, that nothing in  this  subdivi-
 sion  shall  prevent  the  denial  of access to such records or portions
 thereof  after  providing particularized and specific justification that
 such records may be withheld pursuant to this article.
   § 5. Subdivisions (t) and (u) of section 105 of the civil practice law
 and rules, subdivision (u) as relettered by chapter 100 of the  laws  of
 1994,  are relettered subdivisions (u) and (v) and a new subdivision (t)
 is added to read as follows:
   (T) "STATE LEGISLATURE" MEANS THE NEW  YORK  STATE  SENATE,  NEW  YORK
 STATE  ASSEMBLY,  ANY  COMMITTEE,  SUBCOMMITTEE, JOINT COMMITTEE, SELECT
 COMMITTEE, OR COMMISSION THEREOF, AND ANY MEMBERS,  OFFICERS,  REPRESEN-
 TATIVES AND EMPLOYEES THEREOF.
   §  6.  Subdivision  (a)  of section 7802 of the civil practice law and
 rules is amended to read as follows:
   (a) Definition of "body or officer". The expression "body or  officer"
 includes  every  court,  tribunal,  board,  corporation,  officer, STATE
 LEGISLATURE, or other person, or aggregation of  persons,  whose  action
 may be affected by a proceeding under this article.
   §  7. Subdivision 3 of section 713 of the executive law, as amended by
 section 16 of part B of chapter 56 of the laws of 2010,  is  amended  to
 read as follows:
   3.  Any reports prepared pursuant to this article shall not be subject
 to disclosure pursuant to [section  eighty-eight]  ARTICLE  SIX  of  the
 public officers law.
   §  8.  Section  70-0113  of  the  environmental  conservation  law  is
 REPEALED.
   § 9. Subdivision 4 of section 308 of the county law is REPEALED.
   § 10. This act shall take effect immediately;  provided  however  that
 the  amendments  to  paragraphs  (j), (k), (l), (m), (n), (o), (p), (q),
 (r), (s) and (t) of subdivision 2 of section 87 of the  public  officers
 law  made by section two of this act shall not affect the repeal of such
 paragraphs and shall be deemed repealed therewith.