senate Bill S2648

Protects certain information on hunting, fishing and trapping license and permit applications from disclosure

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Jan / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 01 / Mar / 2011
    • 1ST REPORT CAL.108
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 11 / Apr / 2011
    • PASSED SENATE
  • 11 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 11 / Apr / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 10 / Jan / 2012
    • 1ST REPORT CAL.30
  • 18 / Jan / 2012
    • 2ND REPORT CAL.
  • 19 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 23 / Jan / 2012
    • PASSED SENATE
  • 23 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 23 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Protects certain information on hunting, fishing and trapping license and permit applications from disclosure or release outside of the department of environmental conservation.

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Bill Details

See Assembly Version of this Bill:
A7618
Versions:
S2648
Legislative Cycle:
2011-2012
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0305 & 11-0713, En Con L
Versions Introduced in 2009-2010 Legislative Cycle:
S855

Sponsor Memo

BILL NUMBER:S2648

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to protecting
information on hunting, fishing and trapping license and permit
applications from disclosure outside of the department of environmental
conservation

PURPOSE:
This bill would clarify that personal
information submitted
on applications for hunting, fishing and trapping licenses and
permits shall not be disclosed outside of the Department of
Environmental Conservation.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would amend
subdivision 2 of section 11-0305 of the Environmental Conservation
Law (ECL) to clarify that the Department of Environmental
Conservation (DEC) shall not disclose or release outside of DEC any
information provided to licensing agents or to DEC by persons
applying for hunting, fishing or trapping licenses, permits, stamps,
buttons or tags.

Section 2 would add a new subdivision 6 to ECL § 11-0713 to provide
that all information disclosed to a licensing agent or DEC by a
person in furtherance of obtaining a license, permit, stamp, button
or tag, shall not be disclosed or released outside of DEC, except for
law enforcement purposes, or as authorized and required by federal or
state law for child support enforcement purposes. Also, the bill
would require DEC to establish procedures to ensure that such
information is protected from disclosure.

Section 3 provides that the bill would take effect immediately.

EXISTING LAW:
Article 11 of the ECL governs the taking of wildlife and
provides for the issuance of licenses and permits for hunting,
trapping and fishing, but it contains no express restrictions on the
release of information pertaining to holders of licenses, permits,
stamps, buttons or tags.

JUSTIFICATION:
The right of hunters, trappers and anglers to maintain
their personal privacy and security entails an obligation of
government to protect personal information submitted to an agency for
the limited purpose of obtaining a license, permit, stamp, button or
tag from unwarranted disclosures. At a time of growing private and
governmental recognition and concern about identify theft and its
serious impact on the personal and financial lives of individuals
across the country, releasing an individual's personal information
poses a substantial risk that such person's identity may be
appropriated for illegal purposes and illicit financial gain.


DEC recently installed a new database system, the DEC Automated
Licensing System (known as "DECALS") which maintains information on
sporting licenses
and permits. The personal details entered into the database include
the following:

- individual's first name; - individual's last name;
- individual's middle name or initials;
- suffix;
- gender;
- height;
- eye color;
- date of birth;
- driver's license number;
- customer identification number;
- whether the licensee is a New York resident;
- whether the licensee is legally blind;
- residency proof type;
- whether the licensee served in the military;
- whether the licensee is permanent 40% military disabled;
- fulfillment information;
- preference points;
- e-mail address;
- residential and mailing address information; and
- telephone number.

Clearly, this database contains sensitive personal information,
including the intimate details relating to personal matters (such as
medical conditions and physical attributes), the release of which
would be an unwarranted intrusion into an individual's personal
privacy. Moreover, the computerized nature of this database and the
release in that format provides for ease of dissemination and
exchange of such information, heightening the danger or invasion of
personal privacy and the potential for identity theft.

Based upon these considerations, DEC has determined that the contents
of this database should not be disclosed outside of the agency
because it is protected by the personal privacy provisions in the
State Freedom of Information Law. DEC's position that such
information is protected from disclosure "is supported by case law,
and was vindicated by the recent decision of the State Supreme Court
in the case of GOVER V. DEe, No. 2869-05 (Sup. Ct. Albany County
2005). Enactment of this bill would codify these holdings and
reaffirm the protection of personal information for sportsmen and
women. This bill would further clarify in the ECL that information
submitted in the process of obtaining a hunting, fishing or trapping
license or permit shall not be disclosed outside the agency, except
for law enforcement purposes, or as required by federal or state law
or regulation for child support enforcement purposes. The information
in the DECALS database relates to and arises from a voluntary
recreational activity, and not from the permitting or operation of a
regulated business or commercial activity. Sporting license and
permit applicants do not anticipate that the information they provide
to a licensing agent or DEC for recreational sport activities
will be distributed or otherwise shared with outside sources.


This bill, by making it explicit in the ECL that such information is
protected from disclosure outside of DEC, will ensure that DEC may
continue to protect sporting license applicants' just expectation
that personal information will be kept private.

PRIOR LEGISLATIVE HISTORY:
S.8130 of 2006; Passed Senate
S.2759 of 2007/08; Passed Senate in 2007
S.855 of 2009/10; Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.

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

                                  2648

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 27, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  MARCELLINO  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  protecting  information  on  hunting, fishing and trapping license and
  permit applications from disclosure outside of the department of envi-
  ronmental conservation

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

  Section  1.  Subdivision  2  of  section  11-0305 of the environmental
conservation law, as amended by section 1 of part D of chapter 61 of the
laws of 2000, is amended to read as follows:
  2. To issue the licenses and permits provided for by law, to fix their
terms, and the fees therefor, when no statutory provision  is  made,  to
designate  agents  to  sell  and  promote the sale of licenses, to adopt
procedures for the issuance of licenses, to  establish  the  design  and
format  of  licenses  and  the  information  to be contained thereon, TO
PROTECT FROM DISCLOSURE OR RELEASE INFORMATION  SUBMITTED  TO  LICENSING
AGENTS OR THE DEPARTMENT BY PERSONS SEEKING TO OBTAIN A HUNTING, FISHING
OR  TRAPPING  LICENSE, PERMIT, STAMP, BUTTON OR TAG, CONSISTENT WITH THE
PROVISIONS OF SUBDIVISION SEVEN OF SECTION 11-0713 OF THIS  ARTICLE,  to
provide  where  it  deems  appropriate  for  tags  and buttons, to adopt
license conditions respecting tagging or identifying fish  and  wildlife
being possessed or transported, to establish procedures and requirements
for  reporting  license  sales  and  handling  and remittance of license
revenues by persons or entities issuing such licenses,  to  provide  for
acceptable  methods  of  payment of license fees, and to revoke licenses
and permits as provided by law;
  S 2. Section 11-0713 of the environmental conservation law is  amended
by adding a new subdivision 7 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06598-01-1

S. 2648                             2

  7.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, INFOR-
MATION PROVIDED TO A LICENSING AGENT OR THE DEPARTMENT BY  A  PERSON  IN
FURTHERANCE  OF SUCH PERSON'S OBTAINING A LICENSE, PERMIT, STAMP, BUTTON
OR TAG ISSUED PURSUANT TO THIS TITLE, SHALL NOT BE DISCLOSED OR RELEASED
OUTSIDE  OF  THE  DEPARTMENT,  PROVIDED  THAT THIS SUBDIVISION SHALL NOT
PROHIBIT THE DEPARTMENT FROM SHARING SUCH INFORMATION WITH: LAW ENFORCE-
MENT PERSONNEL; OR STATE OR FEDERAL ENTITIES ENGAGED  IN  CHILD  SUPPORT
ENFORCEMENT  AS AUTHORIZED AND REQUIRED BY STATE OR FEDERAL LAW OR REGU-
LATION. THE DEPARTMENT SHALL ESTABLISH PROCEDURES TO  ENSURE  THAT  SUCH
INFORMATION  IS  PROTECTED FROM DISCLOSURE OUTSIDE OF THE DEPARTMENT, AS
PROVIDED IN THIS SUBDIVISION.
  S 3. This act shall take effect immediately.

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