NY State Senate Bill 2019-S5241

Senate Bill S5241

2019-2020 Legislative Session

Establishes a process for the regulation of collecting, recording, and disclosing confidential information by state employees

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Apr 18, 2019	referred to codes

co-Sponsors

2019-S5241 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §50-f, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1327
2011-2012: S2719
2013-2014: S924
2015-2016: S1179
2017-2018: S3063
2021-2022: S1436
2023-2024: S1518

2019-S5241 (ACTIVE) - Summary

Establishes a process for regulating the collecting, recording, and disclosing of confidential information by state employees.

2019-S5241 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5241

SPONSOR: SERRANO
 
TITLE OF BILL:  An act to amend the civil rights law, in relation to
regulating the collection, recording and disclosing of confidential
information obtained by state employees in the course of official duties

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will make it the policy of state employees to keep sensitive
information they encounter while performing the functions of their job
confidential. Exceptions are made for disclosures necessary to perform
essential tasks and those that are required by law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Adds a new section 50-f to the civil rights law.

 
JUSTIFICATION:

This bill will protect sensitive information and allow individuals to
rest assured that the information they provide to agents of the state
will be held in confidence. Encouraging greater candor in dealings with
state agencies will result in increasingly effective agencies, safer
streets and greater protections of privacy within New York.

Confidential information under this law includes any information
obtained by a state agency, officer or employee, concerning an individ-
ual's health or disability status, income tax records, sexual orien-
tation, status as a crime victim or witness, public assistance status,
immigration status, or any information otherwise protected from disclo-
sure by any provision of federal, state, or local law.

Additionally, a mechanism to allow individuals to register complaints
about uncooperative employees and a civil penalty to be levied against
non-compliant agencies will help to enforce this legislation.

 
PRIOR LEGISLATIVE HISTORY:

2008: S.6738 Serrano - Referred to Codes
2009-10: Senate referred to Codes & Assembly Referred to Governmental
Operations
2011-12: S.2719 - Referred to Codes
2013-14: S.924 - Referred to Codes
2015-16: S.1179 - Referred to Codes
2017-18: S.3063 - Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.

2019-S5241 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5241
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced by Sens. SERRANO, KRUEGER, STAVISKY -- 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 regulating the
   collection,  recording  and  disclosing  of  confidential  information
   obtained by state employees in the course of official duties

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 50-f to read as follows:
   § 50-F. DISCLOSURE OF CONFIDENTIAL INFORMATION BY STATE EMPLOYEES.  1.
 DEFINITIONS. AS USED IN THIS SECTION:
   A.  "CONFIDENTIAL  INFORMATION"  MEANS  ANY  INFORMATION MAINTAINED OR
 OBTAINED BY A STATE AGENCY, OFFICER, OR EMPLOYEE CONCERNING AN  INDIVID-
 UAL'S  HEALTH  OR  DISABILITY  STATUS, INCOME TAX RECORDS, SEXUAL ORIEN-
 TATION, STATUS AS A VICTIM OF  DOMESTIC  VIOLENCE,  STATUS  AS  A  CRIME
 VICTIM  OR WITNESS, PUBLIC ASSISTANCE STATUS, IMMIGRATION STATUS, OR ANY
 INFORMATION THAT IS OTHERWISE PROTECTED FROM DISCLOSURE BY ANY PROVISION
 OF FEDERAL, STATE, OR LOCAL LAW; AND
   B. "LINE WORKER" MEANS ANY PERSON EMPLOYED BY ANY STATE  AGENCY  WHOSE
 DUTIES INVOLVE CONTACT WITH THE PUBLIC.
   2. PROCEDURE FOR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
   A.  EXCEPT  AS  PROVIDED  IN PARAGRAPH B OF THIS SUBDIVISION, NO STATE
 OFFICER OR EMPLOYEE SHALL DISCLOSE CONFIDENTIAL  INFORMATION  TO  ANYONE
 EXCEPT  ANOTHER  STATE OFFICER OR EMPLOYEE ACTING IN THE SCOPE OF HIS OR
 HER OFFICIAL DUTIES.
   B. OTHER THAN AS PROVIDED IN PARAGRAPH A OF THIS  SUBDIVISION,  CONFI-
 DENTIAL INFORMATION MAY BE DISCLOSED ONLY IF:
   (I)  THE OFFICER'S OR EMPLOYEE'S AGENCY IS REQUIRED BY LAW TO DISCLOSE
 SUCH CONFIDENTIAL INFORMATION AND PROVIDED THAT SUCH DISCLOSURE SHALL BE
 LIMITED TO THAT REQUIRED BY LAW; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03151-01-9

 S. 5241                             2
 
   (II) THE OFFICER'S OR EMPLOYEE'S AGENCY HAS BEEN AUTHORIZED, IN  WRIT-
 ING  SIGNED BY THE INDIVIDUAL OR, IF THE INDIVIDUAL IS A MINOR OR OTHER-
 WISE INCOMPETENT, SUCH AUTHORIZATION HAS BEEN SIGNED BY THE INDIVIDUAL'S
 PARENT OR LEGAL GUARDIAN, TO DISCLOSE SUCH CONFIDENTIAL INFORMATION, AND
 PROVIDED  THAT  THE  DISCLOSURE  SHALL  BE LIMITED TO THAT AUTHORIZED IN
 WRITING BY THE INDIVIDUAL; OR
   (III) THERE IS REASONABLE SUSPICION OR PROBABLE CAUSE TO BELIEVE  THAT
 A  PERSON  IS ENGAGING IN CRIMINAL ACTIVITY AND THE DISCLOSURE OF CONFI-
 DENTIAL INFORMATION IS NECESSARY TO COOPERATE  WITH  A  LAW  ENFORCEMENT
 AGENCY OR AGENCIES INVESTIGATING THAT CRIMINAL ACTIVITY; OR
   (IV)  SUCH CONFIDENTIAL INFORMATION IS TO BE USED BY A FEDERAL, STATE,
 OR LOCAL GOVERNMENT AGENCY, AND SOLELY  FOR  THE  PURPOSE  OF  COMPILING
 STATISTICAL  INFORMATION,  PROVIDED THAT THE DISCLOSURE SHALL BE LIMITED
 TO THAT NECESSARY TO COMPILE SUCH STATISTICAL INFORMATION, AND  PROVIDED
 FURTHER  THAT  THE  RECIPIENT  OF THE INFORMATION ENSURES, IN WRITING IN
 ADVANCE OF ANY DISCLOSURE, THAT THE CONFIDENTIAL  INFORMATION  DISCLOSED
 WILL NOT BE FURTHER DISCLOSED TO ANY OTHER AGENCY OR OTHER INDIVIDUAL.
   3.  PROCEDURE  FOR  THE  COLLECTING  AND/OR  RECORDING OF CONFIDENTIAL
 INFORMATION. THIS SUBDIVISION SHALL APPLY TO  ANY  DOCUMENTATION,  QUES-
 TIONNAIRE,  INTERVIEW  SHEET, OR OTHER FORM USED IN RELATION TO BENEFITS
 OR SERVICES PROVIDED BY THE STATE.
   A. NO STATE OFFICER OR EMPLOYEE SHALL MAKE INQUIRIES REGARDING  CONFI-
 DENTIAL  INFORMATION  OF ANY INDIVIDUAL, WHEN SUCH INDIVIDUAL, ON HIS OR
 HER BEHALF OR ON BEHALF OF ANOTHER, IS APPLYING FOR,  OR  IS  RECEIVING,
 ANY  SERVICE  OR BENEFIT PROVIDED BY THE STATE, UNLESS SUCH CONFIDENTIAL
 INFORMATION IS SPECIFICALLY REQUIRED BY FEDERAL OR STATE LAW AS A CONDI-
 TION OF RECEIPT OF SUCH SERVICE OR BENEFIT.
   B. IF CONFIDENTIAL INFORMATION IS REQUIRED BY FEDERAL OR STATE LAW  AS
 A  CONDITION  OF  RECEIPT OF A SERVICE OR BENEFIT PROVIDED BY THE STATE,
 THE STATE OFFICER OR EMPLOYEE SHALL MAKE ONLY THOSE INQUIRIES  NECESSARY
 TO DETERMINE IF AN APPLICANT OR RECIPIENT IS QUALIFIED FOR AND OTHERWISE
 MEETS THE CONDITIONS FOR RECEIPT OF SUCH SERVICE OR BENEFIT.
   C.  NO  STATE OFFICER OR EMPLOYEE SHALL COLLECT AND/OR RECORD INFORMA-
 TION REGARDING THE IMMIGRATION STATUS OF AN APPLICANT FOR, OR  RECIPIENT
 OF, ANY SERVICE OR BENEFIT UNLESS SUCH IMMIGRATION STATUS IS REQUIRED BY
 FEDERAL  OR STATE LAW. WHERE FEDERAL OR STATE LAW REQUIRES THE RECORDING
 OF SUCH CONFIDENTIAL IMMIGRATION STATUS INFORMATION, ONLY THAT  INFORMA-
 TION SPECIFICALLY REQUIRED SHALL BE RECORDED.
   4.  DESIGNATION  OF  ACCESS  OFFICER  RESPONSIBLE  FOR AUTHORIZING THE
 RELEASE OF CONFIDENTIAL INFORMATION. THE HEAD OR GOVERNING BODY OF  EACH
 AGENCY  SHALL  DESIGNATE ONE OR MORE PERSONS WITH SUPERVISORY AUTHORITY,
 AND ASSIGN TO SUCH PERSONS THE FURTHER AUTHORITY TO APPROVE AND  AUTHOR-
 IZE  THE  RELEASE  OF  CONFIDENTIAL  INFORMATION.  THE DESIGNATION SHALL
 INCLUDE THE NAME, SPECIFIC JOB TITLE,  TELEPHONE  NUMBER,  AND  BUSINESS
 ADDRESS  OF  EACH  SUCH  DESIGNATED  ACCESS  OFFICER. WHEN APPROVING AND
 AUTHORIZING THE RELEASE OF CONFIDENTIAL INFORMATION, A DESIGNATED ACCESS
 OFFICER SHALL SPECIFY,  IN  WRITING,  THE  SPECIFIC  INFORMATION  TO  BE
 DISCLOSED,  AND THE PERSONS OR ENTITIES TO WHOM SUCH DISCLOSURE SHALL BE
 MADE. THE DESIGNATED ACCESS OFFICER SHALL ENSURE THAT ANY DISCLOSURE  IS
 AUTHORIZED BY LAW AND WITHIN THE LIMITS AS PROVIDED BY LAW.
   5.  DISCLOSURE  BY  LINE  WORKERS OF CONFIDENTIAL INFORMATION. NO LINE
 WORKER EMPLOYED BY A STATE AGENCY SHALL DISCLOSE  CONFIDENTIAL  INFORMA-
 TION  WITHOUT  OBTAINING PRIOR WRITTEN APPROVAL FROM A DESIGNATED ACCESS
 OFFICER RESPONSIBLE FOR APPROVING AND AUTHORIZING THE RELEASE OF  CONFI-
 DENTIAL INFORMATION FOR THAT AGENCY.

 S. 5241                             3
 
   6. REVIEW OF A COMPLAINT. UPON RECEIPT OF A COMPLAINT, THE STATE AGEN-
 CY  SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR
 AN INVESTIGATION. SUCH INVESTIGATION SHALL  BE  CONDUCTED  IN  A  MANNER
 PRESCRIBED  IN  THE  REGULATIONS  SET FORTH BY THE DIRECTOR OF THE STATE
 AGENCY  OR  AN  AUTHORIZED REPRESENTATIVE. IF THE DIRECTOR OR AUTHORIZED
 REPRESENTATIVE DETERMINES THAT THE INVESTIGATION AND RESOLUTION OF  SUCH
 COMPLAINT  IS  MORE  SUITABLY HANDLED BY ANOTHER STATE AGENCY, THEN SUCH
 DIRECTOR OR AUTHORIZED REPRESENTATIVE  SHALL  IMMEDIATELY  FORWARD  SUCH
 COMPLAINT  TO  THE APPROPRIATE AGENCY. THE STATE AGENCY SHALL MAINTAIN A
 FILE CONCERNING SUCH COMPLAINTS  THROUGH  SUCH  AGENCY'S  COMPLETION  OR
 ACTION  THEREON. ANY STATE AGENCY RECEIVING A COMPLAINT PURSUANT TO THIS
 SUBDIVISION SHALL PROVIDE UPON REQUEST,  WRITTEN  NOTICE  OF  THE  FINAL
 DETERMINATION OF OR ACTION UPON SUCH COMPLAINT.
   7.  VIOLATION.  ANY  STATE  AGENCY WHICH EMPLOYS A PERSON WHO HAS BEEN
 CHARGED WITH THE DISCLOSURE OF CONFIDENTIAL INFORMATION IN VIOLATION  OF
 THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF AN
 AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS.
   8.  OTHER  LAWS  RESPECTING CONFIDENTIALITY. NOTHING HEREIN REDUCES OR
 ABRIDGES ANY OTHER PROTECTION IN FEDERAL, STATE, OR LOCAL LAW RESPECTING
 THE CONFIDENTIALITY OF INFORMATION.
   9. SEVERABILITY. IF ANY SECTION, SUBDIVISION, SENTENCE, CLAUSE, PHRASE
 OR OTHER PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED  UNCONSTI-
 TUTIONAL  OR  INVALID,  IN  WHOLE  OR IN PART, BY ANY COURT OF COMPETENT
 JURISDICTION, SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTI-
 TUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING
 PORTIONS OF THIS SECTION, WHICH REMAINING  PORTIONS  SHALL  CONTINUE  IN
 FULL FORCE AND EFFECT.
   §  2.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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Senate Bill S5241

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Sponsored By

Jose M. Serrano