Bill Text: NY S01659 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 1659 (Prior Session Legislation)

Introduced

Bill Title: Relates to prohibiting the destruction of constituent files by public officials; provides penalties; defines terms.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01659 Detail]

Download: New_York-2013-S01659-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1659
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. GRISANTI, MARTINS -- read twice and ordered printed,
         and when printed to be committed to the Committee on Finance
       AN  ACT to amend the public officers law, in relation to prohibiting the
         destruction of constituent case files by public officials
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. This act shall be known and may be cited as the "constitu-
    2  ent casework protection act".
    3    S 2. Section 80 of the public officers law, as amended by chapter  556
    4  of the laws of 1925, is amended to read as follows:
    5    S 80. Delivery  of  books and papers, money and property.  1. A public
    6  officer shall demand from his OR HER predecessor in office or any person
    7  in whose possession they may be, a delivery to such officer of all books
    8  and papers, money and property belonging or appertaining to such office.
    9  If such demand is refused, such officer may make  complaint  thereof  to
   10  any justice of the supreme court of the district, or to the county judge
   11  of  the  county in which the person refusing resides. If such justice or
   12  judge be satisfied that such books or papers,  money  and  property  are
   13  withheld,  he  OR SHE shall grant an order directing the person refusing
   14  to show cause before him OR HER at a time specified therein, why  he  OR
   15  SHE  should  not deliver the same. At such time, or at any time to which
   16  the matter may be adjourned, on proof of the due service of  the  order,
   17  such  justice  or judge shall proceed to inquire into the circumstances.
   18  If the person charged with withholding such books or papers,  money  and
   19  property makes affidavit before such justice or judge that he OR SHE has
   20  delivered to the officer all books and papers, money and property in his
   21  OR  HER  custody  which,  within  his OR HER knowledge, or to his OR HER
   22  belief belong or appertain thereto, such proceedings before such justice
   23  or judge shall cease, and such  person  be  discharged.  If  the  person
   24  complained  against  shall  not  make such oath, and it appears that any
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04109-01-3
       S. 1659                             2
    1  such books or papers, money and property are withheld  by  him  OR  HER,
    2  such  justice  or judge shall commit him OR HER to the county jail until
    3  he OR SHE delivers such books and papers,  money  and  property,  or  is
    4  otherwise  discharged according to law. On such commitment, such justice
    5  or judge, if required by the complainant, shall also issue  his  OR  HER
    6  warrant  directed  to any sheriff or constable, commanding him OR HER to
    7  search, in the daytime, the places designated therein,  for  such  books
    8  and papers, money and property, and to bring them before such justice or
    9  judge.  If  any  such  books and papers, money and property, are brought
   10  before him OR HER by virtue of such warrant, he OR SHE  shall  determine
   11  whether  they appertain to such office, and if so shall cause them to be
   12  delivered to the complainant.
   13    2. A.  NO PUBLIC OFFICER SHALL KNOWINGLY, WILLFULLY  OR  INTENTIONALLY
   14  DESTROY  CONSTITUENT  CASE FILES, OR PERMIT ANOTHER PERSON TO DO SO. FOR
   15  THE PURPOSES OF THIS SUBDIVISION, CONSTITUENT CASE FILES  SHALL  INCLUDE
   16  ANY  CORRESPONDENCE,  WRITTEN OR ELECTRONIC, BETWEEN AN ELECTED OFFICIAL
   17  AND A CONSTITUENT OR ANY CORRESPONDENCE BETWEEN  SAID  ELECTED  OFFICIAL
   18  AND ANY OTHER PARTY PERTAINING TO: A CONSTITUENT'S GRIEVANCE; OR A QUES-
   19  TION  OF ELIGIBILITY FOR ANY BENEFIT; OR ANY ISSUE REGARDING A CONSTITU-
   20  ENT REQUEST FOR ASSISTANCE.
   21    B.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS  SUBDIVISION  SHALL
   22  BE  GUILTY  OF  A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE OF AT LEAST
   23  TEN THOUSAND DOLLARS BUT NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS,  OR
   24  TO  A TERM OF IMPRISONMENT OF UP TO ONE YEAR, OR BOTH. THE PROVISIONS OF
   25  THIS SUBDIVISION SHALL NOT APPLY TO: (A) ANY FILES WHICH  ARE  PROTECTED
   26  BY  ATTORNEY-CLIENT PRIVILEGE, OR (B) ANY DESTRUCTION OF FILES WHICH THE
   27  CONSTITUENT CONSENTS  TO  IN  WRITING,  OR  (C)  CORRESPONDENCE  FROM  A
   28  CONSTITUENT  PRIMARILY ADVOCATING FOR OR AGAINST LEGISLATION, OR (D) ANY
   29  FILES WHICH RELATE TO MATTERS WHICH HAVE BEEN RESOLVED.
   30    S 3. This act shall take effect immediately.