NY State Senate Bill 2023-S9124

Current Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2024	referred to cities 1

co-Sponsors

2023-S9124 (ACTIVE) - Details

See Assembly Version of this Bill:: A9642
Current Committee:: Senate Cities 1
Law Section:: General Municipal Law
Laws Affected:: Add §139-e, Gen Muni L

2023-S9124 (ACTIVE) - Summary

Establishes the "one city act" which applies to cities with a population of one million or more and provides for an agency to disclose the personal information of individuals that would otherwise be restricted from disclosure to another agency or agent thereof for the limited purpose of providing benefits, services, or care coordination to individuals or a research study concerning the provision of benefits, services or care coordination.

2023-S9124 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9124

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to interagency
data sharing by agencies of a city with a population of one million or
more for providing benefits, services or care coordination

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve the delivery of benefits, services, and care coordination by
New York City to its populace through cooperative data-sharing arrange-
ments enabling its agencies to act, in effect, as a single coordinated
entity, "one city," for such purposes.  government.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would provide for the short title of this act.

Section 2 of this bill would provide a legal basis for interagency data
sharing solely for providing benefits, services, or care coordination in

New York City.

Section 3 of this bill sets the effective date.

 
JUSTIFICATION:

This bill would provide a new, lawful pathway for New York City agencies
to share data while retaining important safeguards on data privacy and
security. While confidentiality restrictions exist to protect client
information and create a safe environment to seek government assistance,
many of these laws fail to take into account new technology, and their
inconsistent frameworks can make the sharing of certain data between
agencies difficult, if not impossible.

The new pathway for data sharing envisioned by the One City Act will
replace this patchwork of restrictions with a single, consistent process
that permits data sharing for the narrow purposes of benefits, services,
and care coordination to their clients as well as research studies
concerning the same.

For instance, mental health information protected under Mental Hygiene
Law § 33.13 may be disclosed by an agency in limited circumstances, but
those circumstances do not include disclosure to coordinate with other
city agencies participating in a social services initiative to improve
services or care to a person receiving mental health services. The One
City Act could enhance coordination among agencies supporting mental
health initiatives.

This could, for example, strengthen the Mayor's Subway Safety Plan by
providing a pathway for city agencies to share client information to
better analyze needs and connect individuals to services, such as perma-
nent housing, supplemental nutrition assistance programs, and health-
care. Another benefit to the alternative pathway for interagency data
sharing created by this bill would be the expansion of the MyCity
portal, a one-stop shop for New Yorkers to apply for a range of munici-
pal services and benefits.

Information governed by state sealed records statutes is expressly
excluded from the data sharing authorized by this legislation, and any
data sharing must still be conducted in accordance with federal law.
Data would not be able to be shared among agencies without such agencies
first entering into a data sharing agreement, which would impose
requirements for the secure transmission, storage, use, and access of
the data by limited personnel and which must be approved by legal coun-
sel and information security officers at each agency as well as the
city's Chief Privacy Officer prior to being finalized.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2023-S9124 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9124
 
                             I N  S E N A T E
 
                              April 29, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN  ACT  to  amend the general municipal law, in relation to interagency
   data sharing by agencies of a city with a population of one million or
   more for providing benefits, services or care coordination

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "one city act".
   § 2. The general municipal law is amended  by  adding  a  new  section
 139-e to read as follows:
   §  139-E.  DATA  SHARING  BY  AGENCIES  WITHIN  A LOCAL GOVERNMENT FOR
 PROVIDING BENEFITS, SERVICES OR  CARE  COORDINATION.  1.  APPLICABILITY.
 THIS SECTION SHALL APPLY TO CITIES HAVING A POPULATION OF ONE MILLION OR
 MORE.
   2.  LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY FINDS, DETERMINES, AND
 DECLARES THAT THE EFFECTIVE DELIVERY  OF  BENEFITS,  SERVICES  AND  CARE
 COORDINATION  BY  A  LOCAL  GOVERNMENT  TO  ITS POPULACE MAY BE IMPROVED
 THROUGH COOPERATIVE DATA-SHARING ARRANGEMENTS THAT ENABLE  ITS  AGENCIES
 TO  ACT, IN EFFECT, AS A SINGLE COORDINATED ENTITY, "ONE CITY", FOR SUCH
 PURPOSES. THE DELIVERY OF BENEFITS, SERVICES AND CARE COORDINATION OFTEN
 EITHER REQUIRES OR IS BUTTRESSED BY THE SHARING OF THE PERSONAL INFORMA-
 TION COLLECTED FROM INDIVIDUALS OR HOUSEHOLDS BY  ONE  LOCAL  GOVERNMENT
 AGENCY WITH OTHER LOCAL GOVERNMENT AGENCIES, PARTICULARLY WHERE THE SAME
 INDIVIDUAL  OR  HOUSEHOLD IS KNOWN TO MULTIPLE LOCAL GOVERNMENT AGENCIES
 OR FACES  COMPLEX  CHALLENGES  REQUIRING  CROSS-AGENCY  COORDINATION  TO
 EFFECTIVELY ADDRESS A PRESSING NEED FOR GOVERNMENT SERVICES, SUCH AS BUT
 NOT  LIMITED  TO FOOD, SHELTER, MENTAL HEALTH SERVICES, PUBLIC BENEFITS,
 AND HEALTH CARE. THE LEGISLATURE RECOGNIZES THE IMPORTANCE  OF  ENSURING
 ROBUST PROTECTIONS FOR SAFEGUARDING THE PRIVACY OF THE PERSONAL INFORMA-
 TION  THAT  INDIVIDUALS  HAVE  ENTRUSTED TO THEIR LOCAL GOVERNMENT WHILE
 ALSO ENABLING ITS AGENCIES TO RESPONSIBLY SHARE  SUCH  INFORMATION  WITH
 EACH  OTHER  IN ORDER TO EFFECTIVELY DELIVER BENEFITS, SERVICES AND CARE
 COORDINATION TO ITS POPULACE. STATE AUTHORITY FOR COOPERATIVE DATA-SHAR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14914-01-4
 S. 9124                             2

 ING ARRANGEMENTS THAT ENABLE AGENCIES OF A LOCAL GOVERNMENT  TO  COORDI-
 NATE  THEIR  ACTIVITIES  IS NECESSARY IN CERTAIN INSTANCES WHERE LAWS OF
 THE STATE OF NEW YORK IMPOSE RESTRICTIONS  ON  THE  DISCLOSURE  OF  SUCH
 PERSONAL INFORMATION BETWEEN LOCAL GOVERNMENT AGENCIES. SUCH COOPERATIVE
 DATA-SHARING  ARRANGEMENTS  CAN BE DEVELOPED AND IMPLEMENTED WITH APPRO-
 PRIATE SAFEGUARDS AND PROTOCOLS  FOR  PROTECTING  PERSONAL  PRIVACY  AND
 CYBERSECURITY.
   3. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "AGENCY"  MEANS  AN OFFICE, POSITION, ADMINISTRATION, DEPARTMENT,
 DIVISION, BUREAU, BOARD OR COMMISSION, OR A CORPORATION, INSTITUTION  OR
 AGENCY OF GOVERNMENT, THE EXPENSES OF WHICH ARE PAID IN WHOLE OR IN PART
 FROM THE CITY TREASURY.
   (B) "AGENT" MEANS AN AUTHORIZED PERSON WHO ACTS ON BEHALF OF OR AT THE
 DIRECTION OF AN AGENCY.
   (C)  "BENEFITS" MEANS ASSISTANCE AND RESOURCES THAT A LOCAL GOVERNMENT
 PROVIDES TO INDIVIDUALS IN ORDER TO MEET BASIC NEEDS, SUCH  AS  BUT  NOT
 LIMITED  TO  FOOD,  SHELTER,  FINANCIAL  SECURITY, EDUCATION, AND HEALTH
 CARE, AND OTHER TYPES OF ASSISTANCE OR RESOURCES THAT MAY  HELP  IMPROVE
 AN INDIVIDUAL'S QUALITY OF LIFE.
   (D) "CARE COORDINATION" MEANS COORDINATION OR CASE MANAGEMENT OF BENE-
 FITS AND SERVICES.
   (E) "HUMAN SERVICES AGENCY" MEANS AN AGENCY THAT DELIVERS A SERVICE TO
 INDIVIDUALS  OR  GROUPS  OF  INDIVIDUALS FOR THE PURPOSE OF IMPROVING OR
 ENHANCING SUCH INDIVIDUALS' HEALTH OR WELFARE IN CIRCUMSTANCES INCLUDING
 BUT NOT LIMITED TO: DOMESTIC VIOLENCE, TEENAGE PREGNANCY,  HEALTH  PROB-
 LEMS,  CHILD ABUSE, NUTRITIONAL DEFICIENCIES, SUICIDE, HUNGER, UNEMPLOY-
 MENT, LACK OF SUITABLE SHELTER, CRIME, DRUG AND ALCOHOL ABUSE AND POVER-
 TY.
   (F) "PERSONAL INFORMATION" MEANS INFORMATION COLLECTED  BY  AN  AGENCY
 CONCERNING  AN INDIVIDUAL THAT, BECAUSE OF NAME, NUMBER, SYMBOL, MARK OR
 OTHER IDENTIFIER, CAN BE USED TO IDENTIFY THAT INDIVIDUAL, AND  INCLUDES
 DATA  CONTAINED  IN  AN AGENCY RECORD ABOUT THE INDIVIDUAL'S BACKGROUND,
 CIRCUMSTANCES, NEEDS AND SERVICES THAT HAVE BEEN PROVIDED TO  THE  INDI-
 VIDUAL.
   (G)  "SERVICES"  MEANS  FUNCTIONS  A LOCAL GOVERNMENT PERFORMS FOR THE
 PURPOSE OF ASSISTING INDIVIDUALS, INCLUDING BUT NOT  LIMITED  TO  EDUCA-
 TIONAL  EFFORTS  AND  OUTREACH  BY  A  LOCAL  GOVERNMENT ABOUT BENEFITS,
 SERVICES, AND CARE COORDINATION.
   4. DISCLOSURE OF PERSONAL INFORMATION AMONG AGENCIES. SUBJECT  TO  ANY
 RESTRICTIONS  IMPOSED  BY  FEDERAL  LAW,  AND  NOTWITHSTANDING ANY OTHER
 PROVISION OF THE LAWS OF NEW YORK RELATING  TO  THE  CONFIDENTIALITY  OF
 PERSONAL  INFORMATION, OTHER THAN LAWS REQUIRING THAT RECORDS BE SEALED,
 AN AGENCY MAY DISCLOSE THE  PERSONAL  INFORMATION  OF  INDIVIDUALS  THAT
 WOULD OTHERWISE BE RESTRICTED FROM DISCLOSURE TO ANOTHER AGENCY OR AGENT
 THEREOF FOR THE LIMITED PURPOSE OF:
   (A) PROVIDING BENEFITS, SERVICES, OR CARE COORDINATION TO INDIVIDUALS;
 OR
   (B) A RESEARCH STUDY CONCERNING THE PROVISION OF BENEFITS, SERVICES OR
 CARE  COORDINATION  THAT IS CONDUCTED BY OR ON BEHALF OF A LOCAL GOVERN-
 MENT HEALTH OR HUMAN SERVICES AGENCY AND IS IN COMPLIANCE WITH  APPLICA-
 BLE LOCAL, STATE AND FEDERAL LAWS RELATING TO HUMAN SUBJECTS RESEARCH.
   5.  THE  DISCLOSURE  OF  PERSONAL INFORMATION PURSUANT TO THIS SECTION
 SHALL ONLY BE MADE SUBJECT TO A WRITTEN AGREEMENT  BETWEEN  THE  PARTIES
 INVOLVED  IN THE DISCLOSURE OF THE PERSONAL INFORMATION, AND SUCH AGREE-
 MENT SHALL:
 S. 9124                             3
 
   (A) BE APPROVED BY LEGAL COUNSEL AND THE  CHIEF  INFORMATION  SECURITY
 OFFICER  FOR EACH AGENCY THAT IS A PARTY TO THE AGREEMENT, AND THE LOCAL
 GOVERNMENT'S CHIEF PRIVACY OFFICER, WHERE SUCH A POSITION EXISTS;
   (B)  PROVIDE  THAT  ACCESS TO THE PERSONAL INFORMATION TO BE SHARED IS
 LIMITED TO EMPLOYEES OR AGENTS OF THE PARTIES THAT REQUIRE  SUCH  ACCESS
 TO  FULFILL  THEIR  JOB FUNCTIONS IN RELATION TO PROVIDING THE BENEFITS,
 SERVICES AND CARE COORDINATION DESCRIBED IN SUCH AGREEMENT;
   (C) DESCRIBE THE TYPE OF PERSONAL INFORMATION TO BE SHARED, HOW IT  IS
 TO  BE  SHARED,  AND  THE USE AND PURPOSE RELATING TO SPECIFIC BENEFITS,
 SERVICES OR CARE COORDINATION TO BE FURTHERED BY THE DISCLOSURE;
   (D) PROHIBIT  THE  AGENCY  TO  WHICH  PERSONAL  INFORMATION  SHALL  BE
 DISCLOSED  FROM  REDISCLOSING,  PUBLISHING  OR  OTHERWISE REVEALING SUCH
 PERSONAL INFORMATION WITHOUT WRITTEN PERMISSION OF THE DISCLOSING  AGEN-
 CY,  EXCEPT WHERE REQUIRED BY LAW, AND REQUIRE THAT SUCH REDISCLOSURE BE
 IN ACCORDANCE WITH A WRITTEN AGREEMENT SUBJECT TO THE TERMS SET FORTH IN
 THIS SUBDIVISION; AND
   (E) IMPOSE REQUIREMENTS GOVERNING THE  SECURE  TRANSMISSION,  STORAGE,
 USE  AND  ACCESS  TO THE DISCLOSED PERSONAL INFORMATION THAT ARE NO LESS
 STRINGENT THAN THOSE ESTABLISHED BY THE  LOCAL  GOVERNMENT  AGENCY  THAT
 DIRECTS,  MANAGES, AND HAS AUTHORITY OVER A CITY'S CYBER DEFENSE, INVES-
 TIGATION, RESPONSE, AND POLICY.
   6. NOTHING IN THIS SECTION  SHALL  BE  INTERPRETED  TO  AUTHORIZE  THE
 DISCLOSURE  OF PERSONAL INFORMATION AMONG OR BETWEEN AGENCIES OF A LOCAL
 GOVERNMENT FOR ANY OTHER PURPOSE  THAN  PROVIDING  OR  MAKING  AVAILABLE
 BENEFITS, SERVICES AND CARE COORDINATION TO ITS POPULACE OR CONDUCTING A
 RESEARCH  STUDY  PURSUANT  TO  PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS
 SECTION, NOR SHALL THIS SECTION BE INTERPRETED TO  AUTHORIZE  DISCLOSURE
 OF  PERSONAL INFORMATION FOR THE PURPOSES OF INVESTIGATING AN OFFENSE AS
 SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 10.00  OF  THE  PENAL
 LAW.
   § 3. This act shall take effect immediately.

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Senate Bill S9124

Sponsored By

Current Bill Status - In Senate Committee Cities 1 Committee

co-Sponsors

2023-S9124 (ACTIVE) - Details

2023-S9124 (ACTIVE) - Summary

2023-S9124 (ACTIVE) - Sponsor Memo

2023-S9124 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9124

Share this bill

Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Cities 1 Committee

co-Sponsors

Luis R. Sepúlveda

2023-S9124 (ACTIVE) - Details

2023-S9124 (ACTIVE) - Summary

2023-S9124 (ACTIVE) - Sponsor Memo

2023-S9124 (ACTIVE) - Bill Text download pdf

Comments