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A05916 Summary:

BILL NOA05916A
 
SAME ASNo Same As
 
SPONSORBores
 
COSPNSRDavila
 
MLTSPNSR
 
Add §139-f, Gen Muni L
 
Establishes the "one city act" which applies to cities with a population of one million or more and provides for an agency to disclose the personal information of individuals that would otherwise be restricted from disclosure to another agency or agent thereof for the limited purpose of providing benefits, services, or care coordination to individuals or a research study concerning the provision of benefits, services or care coordination.
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A05916 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5916--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2025
                                       ___________
 
        Introduced  by  M.  of A. BORES, DAVILA -- read once and referred to the
          Committee on Cities -- recommitted  to  the  Committee  on  Cities  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend the general municipal law, in relation to interagency
          data sharing by agencies of a city with a population of one million or
          more for providing benefits, services or care coordination
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "one city act".
     3    § 2. The general municipal law is amended  by  adding  a  new  section
     4  139-f to read as follows:
     5    §  139-f.  Data  sharing  by  agencies  within  a local government for
     6  providing benefits, services or  care  coordination.  1.  Applicability.
     7  This section shall apply to cities having a population of one million or
     8  more.
     9    2.  Legislative  intent. The legislature hereby finds, determines, and
    10  declares that the effective delivery  of  benefits,  services  and  care
    11  coordination  by  a  local  government  to  its populace may be improved
    12  through cooperative data-sharing arrangements that enable  its  agencies
    13  to  act, in effect, as a single coordinated entity, "one city", for such
    14  purposes. The delivery of benefits, services and care coordination often
    15  either requires or is buttressed by the sharing of the personal informa-
    16  tion collected from individuals or households by  one  local  government
    17  agency with other local government agencies, particularly where the same
    18  individual  or  household is known to multiple local government agencies
    19  or faces  complex  challenges  requiring  cross-agency  coordination  to
    20  effectively address a pressing need for government services, such as but
    21  not  limited  to food, shelter, mental health services, public benefits,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04212-04-6

        A. 5916--A                          2
 
     1  and health care. The legislature recognizes the importance  of  ensuring
     2  robust protections for safeguarding the privacy of the personal informa-
     3  tion  that  individuals  have  entrusted to their local government while
     4  also  enabling  its  agencies to responsibly share such information with
     5  each other in order to effectively deliver benefits, services  and  care
     6  coordination to its populace. State authority for cooperative data-shar-
     7  ing  arrangements  that enable agencies of a local government to coordi-
     8  nate their activities is necessary in certain instances  where  laws  of
     9  the  state  of  New  York  impose restrictions on the disclosure of such
    10  personal information between local government agencies. Such cooperative
    11  data-sharing arrangements can be developed and implemented  with  appro-
    12  priate  safeguards  and  protocols  for  protecting personal privacy and
    13  cybersecurity.
    14    3. Definitions. As used in this section:
    15    (a) "Agency" means an office,  position,  administration,  department,
    16  division,  bureau, board or commission, or a corporation, institution or
    17  agency of government, the expenses of which are paid in whole or in part
    18  from the city treasury.
    19    (b) "Agent" means an authorized person who acts on behalf of or at the
    20  direction of an agency.
    21    (c) "Benefits" means assistance and resources that a local  government
    22  provides  to  individuals  in order to meet basic needs, such as but not
    23  limited to food, shelter,  financial  security,  education,  and  health
    24  care,  and  other types of assistance or resources that may help improve
    25  an individual's quality of life.
    26    (d) "Care coordination" means coordination or case management of bene-
    27  fits and services.
    28    (e) "Human services agency" means an agency that delivers a service to
    29  individuals or groups of individuals for the  purpose  of  improving  or
    30  enhancing such individuals' health or welfare in circumstances including
    31  but  not  limited to: domestic violence, teenage pregnancy, health prob-
    32  lems, child abuse, nutritional deficiencies, suicide, hunger,  unemploy-
    33  ment, lack of suitable shelter, crime, drug and alcohol abuse and pover-
    34  ty.
    35    (f)  "Personal  information"  means information collected by an agency
    36  concerning an individual that, because of name, number, symbol, mark  or
    37  other  identifier, can be used to identify that individual, and includes
    38  data contained in an agency record about  the  individual's  background,
    39  circumstances,  needs  and services that have been provided to the indi-
    40  vidual.
    41    (g) "Services" means functions a local  government  performs  for  the
    42  purpose  of  assisting  individuals, including but not limited to educa-
    43  tional efforts and  outreach  by  a  local  government  about  benefits,
    44  services, and care coordination.
    45    4.  Disclosure  of personal information among agencies. Subject to any
    46  restrictions imposed by federal law relating to the  confidentiality  of
    47  personal information, an agency may disclose the personal information of
    48  individuals that would otherwise be restricted from disclosure to anoth-
    49  er agency or agent thereof for the limited purpose of:
    50    (a) providing benefits, services, or care coordination to individuals;
    51  or
    52    (b) a research study concerning the provision of benefits, services or
    53  care  coordination  that is conducted by or on behalf of a local govern-
    54  ment health or human services agency and is in compliance with  applica-
    55  ble local, state and federal laws relating to human subjects research.

        A. 5916--A                          3
 
     1    5. Written agreement to disclose personal information.  The disclosure
     2  of  personal  information  pursuant  to  this section shall only be made
     3  subject to a written agreement  between  the  parties  involved  in  the
     4  disclosure of the personal information, and such agreement shall:
     5    (a)  be  approved  by legal counsel and the chief information security
     6  officer for each agency that is a party to the agreement, and the  local
     7  government's chief privacy officer, where such a position exists;
     8    (b)  provide  that  access to the personal information to be shared is
     9  limited to employees or agents of the parties that require  such  access
    10  to  fulfill  their  job functions in relation to providing the benefits,
    11  services and care coordination described in such agreement;
    12    (c) describe the type of personal information to be shared, how it  is
    13  to  be  shared,  and  the use and purpose relating to specific benefits,
    14  services or care coordination to be furthered by the disclosure;
    15    (d) prohibit  the  agency  to  which  personal  information  shall  be
    16  disclosed  from  redisclosing,  publishing  or  otherwise revealing such
    17  personal information without written permission of the disclosing  agen-
    18  cy,  except where required by law, and require that such redisclosure be
    19  in accordance with a written agreement subject to the terms set forth in
    20  this subdivision; and
    21    (e) impose requirements governing the  secure  transmission,  storage,
    22  use  and  access  to the disclosed personal information that are no less
    23  stringent than those established by the  local  government  agency  that
    24  directs,  manages, and has authority over a city's cyber defense, inves-
    25  tigation, response, and policy.
    26    6. Limitation of disclosure of personal information.  Nothing in  this
    27  section  shall  be  interpreted  to authorize the disclosure of personal
    28  information among or between agencies of  a  local  government  for  any
    29  other  purpose than providing or making available benefits, services and
    30  care coordination to its populace or conducting a research study  pursu-
    31  ant to paragraph (b) of subdivision four of this section, nor shall this
    32  section  be  interpreted to authorize disclosure of personal information
    33  for the purposes of investigating an offense as such term is defined  in
    34  subdivision one of section 10.00 of the penal law.
    35    § 3. This act shall take effect immediately.
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