NY State Senate Bill 2009-S1766

Senate Bill S1766

2009-2010 Legislative Session

Relates to the confidentiality of certain personnel records maintained by the department of taxation and finance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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
Jan 06, 2010	referred to codes
Feb 06, 2009	referred to codes

2009-S1766 (ACTIVE) - Details

See Assembly Version of this Bill:: A5177
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §50-a, Civ Rts L
Versions Introduced in 2011-2012 Legislative Session:: S5128, A1316

2009-S1766 (ACTIVE) - Summary

Provides for the confidentiality of personnel records maintained by the department of taxation and finance for individuals defined as police and peace officers.

2009-S1766 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1766

 TITLE OF BILL :
An act to amend the civil rights law, in relation to the
confidentiality of certain personnel records maintained by the
department of taxation and finance

 PURPOSE :
To amend Section 50-a of the Civil Rights Law so as to include police
officers and peace officers employed by the Department of Taxation and
Finance within the group of law enforcement and public safety
officials whose personnel records are deemed confidential by statute.

 SUMMARY OF PROVISIONS :
The proposed amendment renders confidential the personnel files of
those individuals in the Department's employ who hold peace officer
status pursuant to section 2.10 of the Criminal Procedure Law or
police officer status pursuant to section 1.20 of the CPL. Moreover,
the proposed amendment provides that only with the consent of the
affected employee or pursuant to a lawful court order can the
personnel file be inspected or its contents be made public.

 EXISTING LAW :
Presently, Section 50-a of the Civil Rights Law renders confidential
the personnel files of police officers, State and county correction
officers, firefighters and firefighter/paramedics and parole officers.

 JUSTIFICATION :
This bill grants protection to law enforcement personnel employed by
the Department of Taxation and Finance, similar to that granted to
Parole Officers by Chapter  137 of the laws of 2002. The Department of
Taxation and Finance is responsible for enforcing criminal laws that
relate to taxes including taxes on cigarettes and tobacco products,
alcoholic beverages, gasoline and sales and use taxes. The Department
employs law enforcement professionals who are authorized under the
Criminal Procedure Law to exercise the powers of police officers and
peace officers in enforcing these tax laws. Their duties include
criminal investigations, serving warrants, and making arrests. These
duties expose them to the same risks as other law enforcement officers
and they must maintain similar levels of physical fitness to perform
their duties. They should therefore be granted the same type of
protection as that offered to other law enforcement professionals.  In
the absence of this protection, a person who is the subject of a
criminal investigation by these law enforcement officers could obtain
access to the personnel records of an enforcement officer, which could
reveal that officer's home address and other information that could be
used to threaten or harass an officer or their family. The law has
recognized the need for this confidentiality for other law enforcement
personnel. Since these employees of the Department of Taxation &
Finance also perform law enforcement duties, they need similar
protection.

 LEGISLATIVE HISTORY :
S.3031/A.8407 of 2003-04. Passed Senate in 2003 and 2004.
S.2159/A.4255 of 2005-06.  Passed Senate in 2005 and 2006.
S.1295/A.7525 of 2007-08.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S1766 (ACTIVE) - Bill Text download pdf

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

                                  1766

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sen.  FARLEY -- 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 the confidentiality
  of certain personnel records maintained by the department of  taxation
  and finance

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

  Section 1. Subdivision 1 of section 50-a of the civil rights  law,  as
amended  by  chapter  137  of  the  laws  of 2002, is amended to read as
follows:
  1. All personnel records, used to evaluate performance toward  contin-
ued  employment  or promotion, under the control of any police agency or
department of the state or any political subdivision  thereof  including
authorities or agencies maintaining police forces of individuals defined
as  police officers in section 1.20 of the criminal procedure law [and],
such personnel records under the control of a sheriff's department or  a
department  of correction of individuals employed as correction officers
[and], such personnel records under the control of a paid  fire  depart-
ment   or   force   of   individuals   employed   as   firefighters   or
firefighter/paramedics [and], such personnel records under  the  control
of  the  division  of  parole  for individuals defined as peace officers
pursuant to subdivisions twenty-three and twenty-three-a of section 2.10
of the criminal procedure law  AND  SUCH  PERSONNEL  RECORDS  UNDER  THE
CONTROL  OF  THE  DEPARTMENT  OF  TAXATION  AND  FINANCE FOR INDIVIDUALS
DEFINED AS POLICE OFFICERS PURSUANT TO  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE LAW OR AS PEACE OFFICERS PURSUANT TO SECTION 2.10 OF THE CRIM-
INAL  PROCEDURE  LAW shall be considered confidential and not subject to
inspection or review without the express written consent of such  police
officer,  firefighter,  firefighter/paramedic, correction officer, PEACE
OFFICER OR POLICE OFFICER EMPLOYED BY THE  DEPARTMENT  OF  TAXATION  AND
FINANCE  or peace officer within the division of parole except as may be
mandated by lawful court order.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04062-01-9

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