senate Bill S5128

2011-2012 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
May 03, 2011 referred to codes

S5128 - Details

Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง50-a, Civ Rts L
Versions Introduced in 2009-2010 Legislative Session:
S1766

S5128 - Summary

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

S5128 - Sponsor Memo

S5128 - Bill Text download pdf

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

                                  5128

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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  section 53 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  1. All personnel records used to evaluate performance toward continued
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 department of corrections and community supervision for  individ-
uals 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 CRIMINAL PROCEDURE LAW shall be considered confiden-
tial 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 depart-
ment of corrections and community supervision except as may be  mandated
by lawful court order.
  S 2. This act shall take effect immediately.

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