BILL NUMBER: S835

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to repeal subdivision 4 of section 308 of the county law, relat-
ing to access to records of calls made to a municipality's E911 system

 
PURPOSE:

Subdivision 4 of section 308 of the County Law prohibits the disclosure
of records from enhanced 911(or"E911") emergency systems. This bill
repeals that prohibition to makesuch records subject to the Freedom of
Information Law (FOIL).

 
SUMMARY OF PROVISIONS:

Section 1 repeals subdivision 4 of section 308 of the county law.

Section 2 is the effective date.

              

 
JUSTIFICATION:

E911 systems allow the recipients of emergency calls to see the phone
number used to make the call, as well as the location from which the
call was made. Subdivision 4 of section 308 of the County Law prohibits
the disclosure of such records.

Repealing the disclosure prohibition would allow the records to be made
available by law enforcement officials, the individuals who made the
calls, and/or the public in instances where there is no valid basis for
denying access.

The protections these records would be provided under FOIL would prevent
unwarranted invasions of privacy, protect victims of or witnesses to
crimes, and preclude interference with a law enforcement investigation.
This law would not pertain to New York City, which for years has granted
or denied access to 911 records as appropriate under the provisions of
FOIL.

This legislation is consistent with a recommendation made by the New
York State Committee on Open Government in its 2014 annual report.

 
LEGISLATIVE HISTORY:

S.1097 of 2019-2020 (Hoylman): Died in Local Government

A.1579 of 2019-2020 (Abinanti): Died in Local Governments

S.0074 of 2017-2018(Hoylman):Died in Local Government

A.3023 of 2017-2018(Abinati):Died in Local Governments

S.1175 of 2015-2016(Hoylman):Died in Local Government

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.