Senate Bill S7330

                                 BILL NUMBER:  S7330

 TITLE OF BILL :
An act to amend the public officers law, in relation to defining
certain records maintained by the office of homeland security as
public agency safety records


 PURPOSE OF THE BILL :

This bill would protect from disclosure records maintained by the New
York State Office of Homeland Security (OHS) relating to terrorist
threats and activities, and assure law enforcement agencies that
information transmitted to OHS would not be disclosed and thereby
jeopardize an investigation.

 SUMMARY OF PROVISIONS :

This bill would amend Public Officers Law § 92(8) by including within
the definition of a "public safety agency record," records relating to
terrorist threats and activities and maintained by OHS pursuant to
Executive Law §§ 709(2)(f), (2)(g).

 EXISTING LAW :

Public Officers Law § 92(8) does not include within its definition of
              

a "public safety agency record" records maintained by OHS to analyze
terrorist threats and activities.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

OHS is responsible for coordinating the State's resources for the
collection and analysis of information relating to terrorist threats
and terrorist activities throughout the State (See Executive Law §
709(2)(f)). OHS is also responsible for coordinating and facilitating
information sharing amongst local, state, and federal law enforcement
agencies to ensure appropriate intelligence to assist in the early
identification of and response to potential terrorist activities (See
Executive Law § 709(2)(g)).

In fulfilling these statutory duties, federal, state and local law
enforcement agencies often share with OHS sensitive information
related to terrorist threats and activities. OHS facilitates the
sharing of this information with appropriate law enforcement agencies
to assist in the detection and identification of terrorist activities.

While this sensitive information in the possession of law enforcement
agencies is protected from disclosure under the Personal Privacy
Protection Law, the same information is not similarly protected when
possessed by and requested from OHS ( SEE  Public Officers Law §
95(7)).

This bill, by amending Public Officers Law §92(8) to include records
maintained by OHS that contain sensitive information related to
terrorist threats and activities, would help ensure that these records
are afforded the same protections as when possessed by law enforcement
agencies.  As a result, these records could be freely shared with OHS
to assist in the analysis and early identification of terrorist
activities.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill would take effect immediately upon becoming law.