New York S 1360: Relates to an elder court pilot program

Bill Text

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S01360 Summary:

BILL NOS01360 

&nbsp

SAME ASNo Same As

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SPONSORSERRANO

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COSPNSRKRUEGER

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MLTSPNSR

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Add §50-h, Civ Rts L

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

Go to top S01360 Actions:

BILL NOS01360 

&nbsp

01/09/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01360 Committee&nbspVotes:

Go to topS01360 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01360 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1360

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sens. SERRANO, KRUEGER -- 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:

 1 Section 1. The civil rights law is amended by adding a new section
 2 50-h to read as follows:
 3 § 50-h. Disclosure of confidential information by state employees. 1.
 4 Definitions. As used in this section:
 5 a. "confidential information" means any information maintained or
 6 obtained by a state agency, officer, or employee concerning an individ-
 7 ual's health or disability status, income tax records, sexual orien-
 8 tation, status as a victim of domestic violence, status as a crime
 9 victim or witness, public assistance status, immigration status, or any
 10 information that is otherwise protected from disclosure by any provision
 11 of federal, state, or local law; and
 12 b. "line worker" means any person employed by any state agency whose
 13 duties involve contact with the public.
 14 2. Procedure for the disclosure of confidential information.
 15 a. Except as provided in paragraph b of this subdivision, no state
 16 officer or employee shall disclose confidential information to anyone
 17 except another state officer or employee acting in the scope of such
 18 person's official duties.
 19 b. Other than as provided in paragraph a of this subdivision, confi-
 20 dential information may be disclosed only if:
 21 (i) the officer's or employee's agency is required by law to disclose
 22 such confidential information and provided that such disclosure shall be
 23 limited to that required by law; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03126-01-5

 S. 1360 2

 1 (ii) the officer's or employee's agency has been authorized, in writ-
 2 ing signed by the individual or, if the individual is a minor or other-
 3 wise incompetent, such authorization has been signed by the individual's
 4 parent or legal guardian, to disclose such confidential information, and
 5 provided that the disclosure shall be limited to that authorized in
 6 writing by the individual; or
 7 (iii) there is reasonable suspicion or probable cause to believe that
 8 a person is engaging in criminal activity and the disclosure of confi-
 9 dential information is necessary to cooperate with a law enforcement
 10 agency or agencies investigating that criminal activity; or
 11 (iv) such confidential information is to be used by a federal, state,
 12 or local government agency, and solely for the purpose of compiling
 13 statistical information, provided that the disclosure shall be limited
 14 to that necessary to compile such statistical information, and provided
 15 further that the recipient of the information ensures, in writing in
 16 advance of any disclosure, that the confidential information disclosed
 17 will not be further disclosed to any other agency or other individual.
 18 3. Procedure for the collecting and/or recording of confidential
 19 information. This subdivision shall apply to any documentation, ques-
 20 tionnaire, interview sheet, or other form used in relation to benefits
 21 or services provided by the state.
 22 a. No state officer or employee shall make inquiries regarding confi-
 23 dential information of any individual, when such individual, on the
 2