senate Bill S5389

Prohibits the disclosure of contact information of seniors who visit senior centers

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Sponsor

Bill Status


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

  • 16 / May / 2013
    • REFERRED TO AGING
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO AGING

Summary

Prohibits the disclosure of contact information of seniors who visit senior centers.

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Bill Details

See Assembly Version of this Bill:
A2578
Versions:
S5389
Legislative Cycle:
2013-2014
Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Add ยง224, Eld L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A5379, A5379
2009-2010: A10972, A10972

Votes

9
0
9
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S5389

TITLE OF BILL: An act to amend the elder law, in relation to the
privacy of contact information of senior center members

PURPOSE OR GENERAL IDEA OF BILL: Prohibits the disclosure of contact
information of seniors who visit senior centers.

SUMMARY OF SPECIFIC PROVISIONS: Privacy of senior visitor records
definition: Senior Center: shall mean facilities operated by an areas
office of the aging or operated by an entity that has contracted with
office or municipality to provide services to senior citizens on a
regular basis including, but not limited to meals, recreation and
counseling.

Contact information: shall mean name, address and phone of senior
citizens.

JUSTIFICATION: This bill will expand the type of information that is
exempt from disclosure under to include the name, address, telephone
number, or email address of anyone who is a member of or enrolled in a
program at a senior center that a public agency administers or
sponsors.

PRIOR LEGISLATIVE HISTORY: A5379 - 2012- referred to aging

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5389

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the elder law, in relation to  the  privacy  of  contact
  information of senior center members

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

  Section 1. The elder law is amended by adding a  new  section  224  to
read as follows:
  S  224.  PRIVACY OF SENIOR CENTER VISITOR RECORDS. 1. DEFINITIONS.  AS
USED IN THIS SECTION:
  (A) "SENIOR CENTER" SHALL MEAN FACILITIES OPERATED BY AN  AREA  OFFICE
OF  THE  AGING  OR  OPERATED  BY  AN ENTITY THAT HAS CONTRACTED WITH THE
OFFICE OR MUNICIPALITY TO PROVIDE SERVICES TO SENIOR CITIZENS ON A REGU-
LAR BASIS INCLUDING, BUT NOT LIMITED  TO  MEALS,  RECREATION  AND  COUN-
SELING.
  (B) "CONTACT INFORMATION" SHALL MEAN NAME, ADDRESS AND PHONE NUMBER OF
SENIOR CITIZENS.
  2.  CONFIDENTIALITY  OF RECORDS. NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW, CONTACT INFORMATION OF SENIORS  WHO  VISIT  A  SENIOR  CENTER
SHALL  NOT  BE  OPEN  TO THE PUBLIC, NOR SUBJECT TO DISCLOSURE UNDER THE
FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE  PUBLIC  OFFI-
CERS  LAW,  AND  NO  PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF
SHALL DISCLOSE SUCH INFORMATION.
  3. EXCEPTION. NOTHING IN THIS SECTION SHALL PRECLUDE THE DISCLOSURE OF
CONTACT INFORMATION THAT MAY BE OBTAINED AND, IF  OTHERWISE  ADMISSIBLE,
BE  USED  IN A CIVIL COURT OR OTHER CIVIL ADMINISTRATIVE OR ADJUDICATORY
BODY IN ANY ACTION OR PROCEEDING PENDING THEREIN  WHEN  SUCH  ACTION  OR
PROCEEDING RELATES DIRECTLY TO THE ATTENDANCE OF A SENIOR CENTER.
  4.  VIOLATIONS.  ANY  PERSON  WHO  KNOWINGLY  RELEASES  OR PERMITS THE
DISCLOSURE OF THE CONTACT INFORMATION THAT IS  CONFIDENTIAL  UNDER  THIS
SECTION  TO  A PERSON OR ENTITY NOT ENTITLED TO RECEIVE SUCH INFORMATION
SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00220-01-3

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