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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
May 03, 2011 referred to codes

S5128 - Bill 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 - Bill Texts

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

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BILL NUMBER:S5128

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 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 bill would amend Section 50-a of the Civil
Rights Law to render confidential the personnel files of those
individuals in the Department of Taxation and Finance who hold peace
officer status pursuant to section 2.10 of the Criminal Procedure Law
(CPL) or police officer status pursuant to section 1.20 of the CPL.

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. Such records may only be reviewed or inspected with
the consent of the affected employee or pursuant to a lawful court
order.

JUSTIFICATION:
This bill grants protection to law enforcement
personnel employed by the Department of Taxation and Finance, similar
to that granted to other law enforcement personnel and firefighters,
and most recently 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:
Bill S.1295 passed the Senate in 2007 and 2008.
Bill S.2159 passed the Senate in 2005 and 2006.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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                    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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03543-02-1

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