BILL NUMBER:A10972
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: New
S T A T E O F N E W Y O R K
________________________________________________________________________
10972
I N A S S E M B L Y
May 5, 2010
___________
Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
tee 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.
LBD17108-01-0
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