Assembly Bill A5613B

2023-2024 Legislative Session

Relates to accessing records under the freedom of information law

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A5613 - Details

See Senate Version of this Bill:
S1726
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8255, S6816
2019-2020: A119, S2643, S6608
2021-2022: A7544, S4280

2023-A5613 - Summary

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

2023-A5613 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5613
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, PAULIN -- read once and referred to
   the Committee on Governmental 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 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.
   (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.
                                                            LBD04958-01-3
              

co-Sponsors

2023-A5613A - Details

See Senate Version of this Bill:
S1726
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8255, S6816
2019-2020: A119, S2643, S6608
2021-2022: A7544, S4280

2023-A5613A - Summary

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

2023-A5613A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5613--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, PAULIN -- read once and referred to
   the Committee on Governmental Operations -- recommitted to the Commit-
   tee 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,  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.
   (B) An agency shall not deny a request on the basis that  the  request
 is  voluminous  or  that  locating  or reviewing the requested RECORD OR
 records or providing the requested  copies  is  burdensome  because  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04958-02-4
              

co-Sponsors

2023-A5613B (ACTIVE) - Details

See Senate Version of this Bill:
S1726
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8255, S6816
2019-2020: A119, S2643, S6608
2021-2022: A7544, S4280

2023-A5613B (ACTIVE) - Summary

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

2023-A5613B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5613--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, PAULIN -- read once and referred to
   the Committee on Governmental Operations -- recommitted to the Commit-
   tee on Governmental Operations in accordance  with  Assembly  Rule  3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted 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.
                                                            LBD04958-04-4
 A. 5613--B                          2
              

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