A06291 Summary:

BILL NO    A06291 

SAME AS    No same as 

SPONSOR    Gabryszak (MS)

COSPNSR    Thiele, Raia, Galef, Hooper, Scarborough, Perry, Schimel, Jaffee,
           Gunther, Zebrowski

MLTSPNSR   Crouch, Finch, McDonough, McKevitt, Titone, Weisenberg

Amd S89, Pub Off L

Removes the "unwarranted invasion of personal privacy" exemption for certain
real property records.
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A06291 Actions:

BILL NO    A06291 

03/25/2013 referred to governmental operations
01/08/2014 referred to governmental operations
01/15/2014 enacting clause stricken
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A06291 Votes:

There are no votes for this bill in this legislative session.
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A06291 Memo:

BILL NUMBER:A6291

TITLE  OF BILL:   An act to amend the public officers law, in relation
to removing the "unwarranted invasion of personal  privacy"  exemption
for certain real property records

PURPOSE OR GENERAL IDEA OF BILL: Restores the "unwarranted invasion of
personal privacy" exemption when a Freedom of Information Law requests
pertaining to land records.

SUMMARY  OF  SPECIFIC  PROVISIONS:  This  legislation  would amend the
public officers law by correcting newly enacted changes to ensure that
New York State citizens are protected from  potential  identity  theft
and privacy invasion.

JUSTIFICATION:  This legislation would restore the ability of a county
clerk,  or any other official record keeper, to protect the privacy of
New York State citizens from identity theft.  This  legislation  would
enact  amendments  to the State's Freedom of Information Law (FOIL) to
correct changes that were recently put into place. County  clerks  and
other government agencies that maintain large amounts of records often
exempted  the  disclosure of public records based on the fact that the
requested land  documents  may  have  contained  personal  information
(Social Security numbers, dates of birth, bank account numbers). These
actions  were  taken  in  an  effort to protect citizens from identity
theft. This  exemption  was  permissible  under  Public  Officers  Law
because  the  release  of  this information was deemed an "unwarranted
invasion  of  personal  privacy"  and  the  records  were  either  not
disclosed  or  redacted  prior  to  disclosure. This legislation would
restore the exemption to help protect citizens' privacy.

PRIOR LEGISLATIVE HISTORY: A.2829 of 2010.  A4316 of 2012.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.
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A06291 Text:

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

                                         6291

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 25, 2013
                                      ___________

       Introduced  by M. of A. GABRYSZAK, THIELE, RAIA, GALEF, HOOPER, SCARBOR-
         OUGH, PERRY, SCHIMEL, JAFFEE, GUNTHER,  CASTRO,  ZEBROWSKI  --  Multi-
         Sponsored  by  -- M. of A. CROUCH, FINCH, McDONOUGH, McKEVITT, TITONE,
         WEISENBERG -- read once and referred to the Committee on  Governmental
         Operations

       AN  ACT  to  amend  the public officers law, in relation to removing the
         "unwarranted invasion of personal privacy" exemption for certain  real
         property records

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

    1    Section 1. Subparagraphs ii, iii and iv of paragraph (c)  of  subdivi-
    2  sion  2  of section 89 of the public officers law, as amended by section
    3  11 of part U of chapter 61 of the laws of 2011, are amended to  read  as
    4  follows:
    5    ii.  when  the person to whom a record pertains consents in writing to
    6  disclosure; OR
    7    iii. when upon presenting reasonable proof of identity, a person seeks
    8  access to records pertaining to him or her[; or
    9    iv. when a record or group of records relates to the right,  title  or
   10  interest  in real property, or relates to the inventory, status or char-
   11  acteristics of real property, in which  case  disclosure  and  providing
   12  copies  of such record or group of records shall not be deemed an unwar-
   13  ranted invasion of personal privacy, provided that nothing herein  shall
   14  be  construed to authorize the disclosure of electronic contact informa-
   15  tion, such as an e-mail address or a social network username,  that  has
   16  been  collected  from  a  taxpayer under section one hundred four of the
   17  real property tax law].
   18    S 2. This act shall take effect immediately.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09874-01-3
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