Bill Text: NY S05929 | 2013-2014 | General Assembly | Amended

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Bill Title: Limits disclosures associated with freedom of information requests; allows a waiver of privilege or protection.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-10 - PRINT NUMBER 5929A [S05929 Detail]

Download: New_York-2013-S05929-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5929--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   September 4, 2013
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules  --  recommitted  to
         the  Committee  on Investigations and Government Operations in accord-
         ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the agriculture and markets law, in relation to limiting
         disclosure of certain information
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The agriculture and markets law is amended by adding a new
    2  section 23-a to read as follows:
    3    S 23-A. LIMITATION ON DISCLOSURES ASSOCIATED WITH FREEDOM OF  INFORMA-
    4  TION LAW. 1. NOTWITHSTANDING ARTICLE SIX OF THE PUBLIC OFFICERS LAW, THE
    5  COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR ANY CONTRAC-
    6  TOR  OR  COOPERATOR  OF THE DEPARTMENT, SHALL NOT DISCLOSE PURSUANT TO A
    7  REQUEST MADE PURSUANT TO SUCH ARTICLE:
    8    (A) INFORMATION VOLUNTARILY PROVIDED BY AN OWNER OR OPERATOR OF A FARM
    9  OPERATION IN ORDER TO PARTICIPATE IN THE NEW YORK  STATE  CATTLE  HEALTH
   10  ASSURANCE  PROGRAM OR ANY SUCCESSOR CATTLE HEALTH PROGRAM ESTABLISHED BY
   11  THE DEPARTMENT PURSUANT TO SUBDIVISION FORTY-ONE OF SECTION  SIXTEEN  OF
   12  THIS ARTICLE (COLLECTIVELY, "NYSCHAP"); OR
   13    (B)  INFORMATION  OTHERWISE CREATED AND MAINTAINED BY THE COMMISSIONER
   14  ABOUT FARM OPERATIONS FOR WHICH INFORMATION DESCRIBED IN  PARAGRAPH  (A)
   15  OF THIS SUBDIVISION IS VOLUNTARILY PROVIDED.
   16    2. THE DISCLOSURE OF INFORMATION UNDER SUBDIVISION ONE OF THIS SECTION
   17  SHALL  NOT CONSTITUTE A WAIVER OF ANY APPLICABLE PRIVILEGE OR PROTECTION
   18  UNDER FEDERAL OR STATE LAW, INCLUDING TRADE SECRET PROTECTION.
   19    3. THE MEANING OF THE TERM "FARM OPERATION" AS USED  IN  THIS  SECTION
   20  SHALL  BE  THE  SAME  AS  IT IS DEFINED IN SUBDIVISION ELEVEN OF SECTION
   21  THREE HUNDRED ONE OF THIS CHAPTER.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11735-03-4