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

                                  1327

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  SERRANO, ADAMS, DILAN, KRUEGER, MORAHAN, ONORATO,
  PERKINS, STAVISKY -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Codes

AN  ACT  to  amend  the  civil rights law, in relation to regulating the
  collection,  recording  and  disclosing  of  confidential  information
  obtained by state employees in the course of official duties

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

  Section 1. The civil rights law is amended by  adding  a  new  section
50-f to read as follows:
  S 50-F. DISCLOSURE OF CONFIDENTIAL INFORMATION BY STATE EMPLOYEES.  1.
DEFINITIONS. AS USED IN THIS SECTION:
  A.  "CONFIDENTIAL  INFORMATION"  MEANS  ANY  INFORMATION MAINTAINED OR
OBTAINED BY A STATE AGENCY, OFFICER, OR EMPLOYEE CONCERNING AN  INDIVID-
UAL'S  HEALTH  OR  DISABILITY  STATUS, INCOME TAX RECORDS, SEXUAL ORIEN-
TATION, STATUS AS A VICTIM OF  DOMESTIC  VIOLENCE,  STATUS  AS  A  CRIME
VICTIM  OR WITNESS, PUBLIC ASSISTANCE STATUS, IMMIGRATION STATUS, OR ANY
INFORMATION THAT IS OTHERWISE PROTECTED FROM DISCLOSURE BY ANY PROVISION
OF FEDERAL, STATE, OR LOCAL LAW; AND
  B. "LINE WORKER" MEANS ANY PERSON EMPLOYED BY ANY STATE  AGENCY  WHOSE
DUTIES INVOLVE CONTACT WITH THE PUBLIC.
  2. PROCEDURE FOR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
  A.  EXCEPT  AS  PROVIDED  IN PARAGRAPH B OF THIS SUBDIVISION, NO STATE
OFFICER OR EMPLOYEE SHALL DISCLOSE CONFIDENTIAL  INFORMATION  TO  ANYONE
EXCEPT  ANOTHER  STATE OFFICER OR EMPLOYEE ACTING IN THE SCOPE OF HIS OR
HER OFFICIAL DUTIES.
  B. OTHER THAN AS PROVIDED IN PARAGRAPH A OF THIS  SUBDIVISION,  CONFI-
DENTIAL INFORMATION MAY BE DISCLOSED ONLY IF:
  (I)  THE OFFICER'S OR EMPLOYEE'S AGENCY IS REQUIRED BY LAW TO DISCLOSE
SUCH CONFIDENTIAL INFORMATION AND PROVIDED THAT SUCH DISCLOSURE SHALL BE
LIMITED TO THAT REQUIRED BY LAW; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03680-01-9
              

S. 1327                             2

  (II) THE OFFICER'S OR EMPLOYEE'S AGENCY HAS BEEN AUTHORIZED, IN  WRIT-
ING  SIGNED BY THE INDIVIDUAL OR, IF THE INDIVIDUAL IS A MINOR OR OTHER-
WISE INCOMPETENT, SUCH AUTHORIZATION HAS BEEN SIGNED BY THE INDIVIDUAL'S
PARENT OR LEGAL GUARDIAN, TO DISCLOSE SUCH CONFIDENTIAL INFORMATION, AND
PROVIDED  THAT  THE  DISCLOSURE  SHALL  BE LIMITED TO THAT AUTHORIZED IN
WRITING BY THE INDIVIDUAL; OR
  (III) THERE IS REASONABLE SUSPICION OR PROBABLE CAUSE TO BELIEVE  THAT
A  PERSON  IS ENGAGING IN CRIMINAL ACTIVITY AND THE DISCLOSURE OF CONFI-
DENTIAL INFORMATION IS NECESSARY TO COOPERATE  WITH  A  LAW  ENFORCEMENT
AGENCY OR AGENCIES INVESTIGATING THAT CRIMINAL ACTIVITY; OR
  (IV)  SUCH CONFIDENTIAL INFORMATION IS TO BE USED BY A FEDERAL, STATE,
OR LOCAL GOVERNMENT AGENCY, AND SOLELY  FOR  THE  PURPOSE  OF  COMPILING
STATISTICAL  INFORMATION,  PROVIDED THAT THE DISCLOSURE SHALL BE LIMITED
TO THAT NECESSARY TO COMPILE SUCH STATISTICAL INFORMATION, AND  PROVIDED
FURTHER  THAT  THE  RECIPIENT  OF THE INFORMATION ENSURES, IN WRITING IN
ADVANCE OF ANY DISCLOSURE, THAT THE CONFIDENTIAL  INFORMATION  DISCLOSED
WILL NOT BE FURTHER DISCLOSED TO ANY OTHER AGENCY OR OTHER INDIVIDUAL.
  3.  PROCEDURE  FOR  THE  COLLECTING  AND/OR  RECORDING OF CONFIDENTIAL
INFORMATION. THIS SUBDIVISION SHALL APPLY TO  ANY  DOCUMENTATION,  QUES-
TIONNAIRE,  INTERVIEW  SHEET, OR OTHER FORM USED IN RELATION TO BENEFITS
OR SERVICES PROVIDED BY THE STATE.
  A. NO STATE OFFICER OR EMPLOYEE SHALL MAKE INQUIRIES REGARDING  CONFI-
DENTIAL  INFORMATION  OF ANY INDIVIDUAL, WHEN SUCH INDIVIDUAL, ON HIS OR
HER BEHALF OR ON BEHALF OF ANOTHER, IS APPLYING FOR,  OR  IS  RECEIVING,
ANY  SERVICE  OR BENEFIT PROVIDED BY THE STATE, UNLESS SUCH CONFIDENTIAL
INFORMATION IS SPECIFICALLY REQUIRED BY FEDERAL OR STATE LAW AS A CONDI-
TION OF RECEIPT OF SUCH SERVICE OR BENEFIT.
  B. IF CONFIDENTIAL INFORMATION IS REQUIRED BY FEDERAL OR STATE LAW  AS
A  CONDITION  OF  RECEIPT OF A SERVICE OR BENEFIT PROVIDED BY THE STATE,
THE STATE OFFICER OR EMPLOYEE SHALL MAKE ONLY THOSE INQUIRIES  NECESSARY
TO DETERMINE IF AN APPLICANT OR RECIPIENT IS QUALIFIED FOR AND OTHERWISE
MEETS THE CONDITIONS FOR RECEIPT OF SUCH SERVICE OR BENEFIT.
  C.  NO  STATE OFFICER OR EMPLOYEE SHALL COLLECT AND/OR RECORD INFORMA-
TION REGARDING THE IMMIGRATION STATUS OF AN APPLICANT FOR, OR  RECIPIENT
OF, ANY SERVICE OR BENEFIT UNLESS SUCH IMMIGRATION STATUS IS REQUIRED BY
FEDERAL  OR STATE LAW. WHERE FEDERAL OR STATE LAW REQUIRES THE RECORDING
OF SUCH CONFIDENTIAL IMMIGRATION STATUS INFORMATION, ONLY THAT  INFORMA-
TION SPECIFICALLY REQUIRED SHALL BE RECORDED.
  4.  DESIGNATION  OF  ACCESS  OFFICER  RESPONSIBLE  FOR AUTHORIZING THE
RELEASE OF CONFIDENTIAL INFORMATION. THE HEAD OR GOVERNING BODY OF  EACH
AGENCY  SHALL  DESIGNATE ONE OR MORE PERSONS WITH SUPERVISORY AUTHORITY,
AND ASSIGN TO SUCH PERSONS THE FURTHER AUTHORITY TO APPROVE AND  AUTHOR-
IZE  THE  RELEASE  OF  CONFIDENTIAL  INFORMATION.  THE DESIGNATION SHALL
INCLUDE THE NAME, SPECIFIC JOB TITLE,  TELEPHONE  NUMBER,  AND  BUSINESS
ADDRESS  OF  EACH  SUCH  DESIGNATED  ACCESS  OFFICER. WHEN APPROVING AND
AUTHORIZING THE RELEASE OF CONFIDENTIAL INFORMATION, A DESIGNATED ACCESS
OFFICER SHALL SPECIFY,  IN  WRITING,  THE  SPECIFIC  INFORMATION  TO  BE
DISCLOSED,  AND THE PERSONS OR ENTITIES TO WHOM SUCH DISCLOSURE SHALL BE
MADE. THE DESIGNATED ACCESS OFFICER SHALL ENSURE THAT ANY DISCLOSURE  IS
AUTHORIZED BY LAW AND WITHIN THE LIMITS AS PROVIDED BY LAW.
  5.  DISCLOSURE  BY  LINE  WORKERS OF CONFIDENTIAL INFORMATION. NO LINE
WORKER EMPLOYED BY A STATE AGENCY SHALL DISCLOSE  CONFIDENTIAL  INFORMA-
TION  WITHOUT  OBTAINING PRIOR WRITTEN APPROVAL FROM A DESIGNATED ACCESS
OFFICER RESPONSIBLE FOR APPROVING AND AUTHORIZING THE RELEASE OF  CONFI-
DENTIAL INFORMATION FOR THAT AGENCY.

S. 1327                             3

  6. REVIEW OF A COMPLAINT. UPON RECEIPT OF A COMPLAINT, THE STATE AGEN-
CY  SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR
AN INVESTIGATION. SUCH INVESTIGATION SHALL  BE  CONDUCTED  IN  A  MANNER
PRESCRIBED  IN  THE  REGULATIONS  SET FORTH BY THE DIRECTOR OF THE STATE
AGENCY  OR  AN  AUTHORIZED REPRESENTATIVE. IF THE DIRECTOR OR AUTHORIZED
REPRESENTATIVE DETERMINES THAT THE INVESTIGATION AND RESOLUTION OF  SUCH
COMPLAINT  IS  MORE  SUITABLY HANDLED BY ANOTHER STATE AGENCY, THEN SUCH
DIRECTOR OR AUTHORIZED REPRESENTATIVE  SHALL  IMMEDIATELY  FORWARD  SUCH
COMPLAINT  TO  THE APPROPRIATE AGENCY. THE STATE AGENCY SHALL MAINTAIN A
FILE CONCERNING SUCH COMPLAINTS  THROUGH  SUCH  AGENCY'S  COMPLETION  OR
ACTION  THEREON. ANY STATE AGENCY RECEIVING A COMPLAINT PURSUANT TO THIS
SUBDIVISION SHALL PROVIDE UPON REQUEST,  WRITTEN  NOTICE  OF  THE  FINAL
DETERMINATION OF OR ACTION UPON SUCH COMPLAINT.
  7.  VIOLATION.  ANY  STATE  AGENCY WHICH EMPLOYS A PERSON WHO HAS BEEN
CHARGED WITH THE DISCLOSURE OF CONFIDENTIAL INFORMATION IN VIOLATION  OF
THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF AN
AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS.
  8.  OTHER  LAWS  RESPECTING CONFIDENTIALITY. NOTHING HEREIN REDUCES OR
ABRIDGES ANY OTHER PROTECTION IN FEDERAL, STATE, OR LOCAL LAW RESPECTING
THE CONFIDENTIALITY OF INFORMATION.
  9. SEVERABILITY. IF ANY SECTION, SUBDIVISION, SENTENCE, CLAUSE, PHRASE
OR OTHER PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED  UNCONSTI-
TUTIONAL  OR  INVALID,  IN  WHOLE  OR IN PART, BY ANY COURT OF COMPETENT
JURISDICTION, SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTI-
TUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING
PORTIONS OF THIS SECTION, WHICH REMAINING  PORTIONS  SHALL  CONTINUE  IN
FULL FORCE AND EFFECT.
  S  2.  This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.