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This entry was published on 2023-05-12
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SECTION 711
Reports
Executive (EXC) CHAPTER 18, ARTICLE 26
§ 711. Reports. 1. On or before January thirty-first of each year, the
director shall appear before and deliver a report to representatives of
each house of the legislature. The temporary president of the senate and
the speaker of the assembly shall each appoint four members of their
respective houses, and the minority leader of each house shall each
appoint one member, to hear the director's report. The appointed members
may hear the report in a joint meeting of the members of the senate and
assembly or in separate meetings attended by the members from one house.
The chief information security officer of the state office of
information technology services shall participate in such joint or
separate meetings to supplement the report delivered by the director.
The report shall provide information including, but not limited to: the
state's current threat level, imminent threats to New York state, the
state's current threat posture and collaborative efforts among
localities, regions and with other states to prepare for and defend
against acts of terrorism. The chief information security officer of the
state office of information technology services shall supplement the
report delivered by the director with information on the state's cyber
security infrastructure and cyber security resiliency efforts.

2. The commissioner shall appear and give testimony before the annual
legislative hearing on public protection held jointly by the assembly
committee on ways and means and the senate finance committee as provided
for in section three of article VII of the New York state constitution
and section thirty-one of the legislative law.

3. The director shall report to the temporary president of the senate,
speaker of the assembly and/or their designees within five days of an
elevation of the state homeland security advisory system threat level as
to the circumstances of the elevation.

4. Before the receipt of any report issued pursuant to this section,
each recipient of such report shall develop confidentiality protocols in
consultation with the director which shall be binding upon the recipient
who issues the protocols and anyone to whom the recipient shows the
report, for the maintenance and use of such report so as to ensure the
confidentiality of all sensitive information contained therein,
provided, however, that such protocols shall not be binding upon a
person who is provided access to such report or any information
contained therein pursuant to section eighty-nine of the public officers
law after a final determination that access to such report or any
information contained therein could not be denied pursuant to
subdivision two of section eighty-seven of the public officers law. The
director shall also develop protocols for his or her office related to
the maintenance and use of the report so as to ensure the
confidentiality of all sensitive information contained in the report. On
each copy of written reports, the director shall prominently display the
following statement: "This report may contain information that if
disclosed could endanger the life or safety of the public, and
therefore, pursuant to section seven hundred eleven of the executive
law, this report is to be maintained and used in a manner consistent
with protocols established to preserve the confidentiality of the
information contained herein in a manner consistent with law."