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Assembly Bill A5177

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2009-A5177 (ACTIVE) - Details

See Senate Version of this Bill:
S1766
Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง50-a, Civ Rts L
Versions Introduced in 2011-2012 Legislative Session:
A1316, S5128

2009-A5177 (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-A5177 (ACTIVE) - Bill Text download pdf 

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

                                  5177

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Governmental Operations

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

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