Adds records of the office of homeland security to the definition of the term "public safety agency record."
BILL NUMBER: S7330
TITLE OF BILL : An act to amend the public officers law, in relation to defining certain records maintained by the office of homeland security as public agency safety records
PURPOSE OF THE BILL :
This bill would protect from disclosure records maintained by the New York State Office of Homeland Security (OHS) relating to terrorist threats and activities, and assure law enforcement agencies that information transmitted to OHS would not be disclosed and thereby jeopardize an investigation.
SUMMARY OF PROVISIONS :
This bill would amend Public Officers Law § 92(8) by including within the definition of a "public safety agency record," records relating to terrorist threats and activities and maintained by OHS pursuant to Executive Law §§ 709(2)(f), (2)(g).
EXISTING LAW :
Public Officers Law § 92(8) does not include within its definition of a "public safety agency record" records maintained by OHS to analyze terrorist threats and activities.
LEGISLATIVE HISTORY :
This is a new bill.
STATEMENT IN SUPPORT :
OHS is responsible for coordinating the State's resources for the collection and analysis of information relating to terrorist threats and terrorist activities throughout the State (See Executive Law § 709(2)(f)). OHS is also responsible for coordinating and facilitating information sharing amongst local, state, and federal law enforcement agencies to ensure appropriate intelligence to assist in the early identification of and response to potential terrorist activities (See Executive Law § 709(2)(g)).
In fulfilling these statutory duties, federal, state and local law enforcement agencies often share with OHS sensitive information related to terrorist threats and activities. OHS facilitates the sharing of this information with appropriate law enforcement agencies to assist in the detection and identification of terrorist activities.
While this sensitive information in the possession of law enforcement agencies is protected from disclosure under the Personal Privacy Protection Law, the same information is not similarly protected when possessed by and requested from OHS ( SEE Public Officers Law § 95(7)).
This bill, by amending Public Officers Law §92(8) to include records maintained by OHS that contain sensitive information related to terrorist threats and activities, would help ensure that these records are afforded the same protections as when possessed by law enforcement agencies. As a result, these records could be freely shared with OHS to assist in the analysis and early identification of terrorist activities.
BUDGET IMPLICATIONS :
EFFECTIVE DATE : This bill would take effect immediately upon becoming law.
STATE OF NEW YORK ________________________________________________________________________ 7330 IN SENATE March 30, 2010 ___________Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the public officers law, in relation to defining certain records maintained by the office of homeland security as public agency safety records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 8 of section 92 of the public officers law, as amended by chapter 336 of the laws of 1992, is amended to read as follows: (8) Public safety agency record. The term "public safety agency record" means a record of the commission of correction, the temporary state commission of investigation, the department of correctional services, the division for youth, the division of parole, the crime victims board, the division of probation and correctional alternatives or the division of state police or of any agency or component thereof whose primary function is the enforcement of civil or criminal statutes if such record pertains to investigation, law enforcement, confinement of persons in correctional facilities or supervision of persons pursuant to criminal conviction or court order, and any records maintained by the division of criminal justice services pursuant to sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight hundred thirty-sev- en-b, eight hundred thirty-seven-c, eight hundred thirty-eight, eight hundred thirty-nine, eight hundred forty-five, and eight hundred forty- five-a of the executive law and by the department of state pursuant to section ninety-nine of the executive law AND BY THE OFFICE OF HOMELAND SECURITY PURSUANT TO PARAGRAPHS (F) AND (G) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINE OF THE EXECUTIVE LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15671-01-0