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Sponsors
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the confidentiality of certain personnel records maintained by the department of taxation and finance
In Assembly Committee · Governmental Operations · Sponsor Joseph Lentol
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to the confidentiality of certain personnel records maintained by the department of taxation and finance
Purpose
To amend Section 50-a of the Civil Rights Law so as to include police officers and peace officers employed by the Department of Taxation and Finance within the group of law enforcement and public safety officials whose personnel records are deemed confidential by statute.
Summary of provisions
The proposed amendment renders confidential the personnel files of those individuals in the Department's employ who hold peace officer status pursuant to section 2.10 of the Criminal Procedure Law or police officer status pursuant to section 1.20 of the CPL. Moreover, the proposed amendment provides that only with the consent of the affected employee or pursuant to a lawful court order can the personnel file be inspected or its contents be made public.
Existing law
Presently, Section 50-a of the Civil Rights Law renders confidential the personnel files of police officers, State and county correction officers, firefighters and firefighter/paramedics and parole officers.
Justification
This bill grants protection to law enforcement personnel employed by the Department of Taxation and Finance, similar to that granted to Parole Officers by Chapter 137 of the laws of 2002. The Department of Taxation and Finance is responsible for enforcing criminal laws that relate to taxes including taxes on cigarettes and tobacco products, alcoholic beverages, gasoline and sales and use taxes. The Department employs law enforcement professionals who are authorized under the Criminal Procedure Law to exercise the powers of police officers and peace officers in enforcing these tax laws. Their duties include criminal investigations, serving warrants, and making arrests. These duties expose them to the same risks as other law enforcement officers and they must maintain similar levels of physical fitness to perform their duties. They should therefore be granted the same type of protection as that offered to other law enforcement professionals. In the absence of this protection, a person who is the subject of a criminal investigation by these law enforcement officers could obtain access to the personnel records of an enforcement officer, which could reveal that officer's home address and other information that could be used to threaten or harass an officer or their family. The law has recognized the need for this confidentiality for other law enforcement personnel. Since these employees of the Department of Taxation & Finance also perform law enforcement duties, they need similar protection.
Legislative history
S.3031/A.8407 of 2003-04. Passed Senate in 2003 and 2004. S.2159/A.4255 of 2005-06. Passed Senate in 2005 and 2006. S.1295/A.7525 of 2007-08.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.