Assembly Bill A3489

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

                                  3489

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M. of A. ZEBROWSKI, GABRYSZAK, MILLMAN, JEFFRIES, REILLY
  -- read once and referred to the Committee on Local Governments

AN ACT to amend the county law and the public officers law, in  relation
  to prohibiting the broadcast of a 911 call

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

  Section 1. Subdivision 4 of section 308 of the county law, as  amended
by chapter 309 of the laws of 1996, is amended to read as follows:
  4.  (A) Records, in whatever form they may be kept, of calls made to a
municipality's E911 system shall not be made available to or obtained by
any entity or person, other than that municipality's public safety agen-
cy, another government agency or body, or a private entity or  a  person
providing  medical, ambulance or other emergency services, and shall not
be utilized for any commercial purpose other than the provision of emer-
gency services.
  (B) NO ENTITY OR PERSON SHALL PLAY A RECORDING OF A CALL MADE OVER THE
E911 SYSTEM ON A BROADCAST MEDIUM, INCLUDING, BUT NOT LIMITED TO  RADIO,
TELEVISION,  OR  THE INTERNET AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION
TWO OF SECTION THREE HUNDRED NINETY-B OF THE GENERAL BUSINESS LAW.  THIS
SECTION  SHALL NOT PROHIBIT READING OR DISPLAYING A TRANSCRIPT OF SUCH A
RECORDING. WHOEVER VIOLATES THIS SECTION SHALL BE SUBJECT TO A  FINE  OF
FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
  S  2. Paragraph (b) of subdivision 2 of section 89 of the public offi-
cers law, as added by chapter 933 of the laws of 1977, subparagraph  iii
as  amended  by  chapter  223  of the laws of 2008 and subparagraph v as
amended and subparagraph vi as added by chapter 545 of the laws of 1998,
is amended to read as follows:
  (b) An unwarranted invasion of personal privacy  includes,  but  shall
not be limited to:
  i.  disclosure  of employment, medical or credit histories or personal
references of applicants for employment;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00558-01-1
              

A. 3489                             2

  ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
  iii.  sale  or  release  of lists of names and addresses if such lists
would be used for solicitation or fund-raising purposes;
  iv. disclosure of information of a  personal  nature  when  disclosure
would  result  in economic or personal hardship to the subject party and
such information is not relevant to the work of the agency requesting or
maintaining it; [or]
  v. disclosure of information of a personal nature reported  in  confi-
dence to an agency and not relevant to the ordinary work of such agency;
[or]
  vi.  information  of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred  ten-a  of  the
workers' compensation law[.]; OR
  VII.  A  RECORDING  OF  A CALL MADE OVER THE E911 SYSTEM AS DEFINED IN
SUBDIVISION THREE OF SECTION THREE HUNDRED ONE OF THE COUNTY LAW.
  S 3. This act shall take effect immediately.