Bill Text: NY S05366 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S05366 Detail]

Download: New_York-2009-S05366-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5366
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business law, in relation to personal infor-
         mation restrictions for public records
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  399-i to read as follows:
    3    S  399-I. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS.  1. NO
    4  PERSON OR BUSINESS ENTITY SHALL INTENTIONALLY CREATE AN INSTRUMENT  THAT
    5  IS  TO BE FILED WITH OR SUBMITTED TO AN AGENCY CONTAINING PERSONAL IDEN-
    6  TIFYING INFORMATION OF ANOTHER PERSON WHICH IS NOT:
    7    (A) RELEVANT AND NECESSARY TO ACCOMPLISH THE PURPOSE OF THE FILING; OR
    8    (B) REQUIRED BY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION.
    9    FOR THE PURPOSE OF THIS SECTION, THE PRINTING OR OTHER REPRODUCTION OF
   10  A DOCUMENT RECEIVED BY ELECTRONIC OR ANY OTHER MEANS DOES NOT CONSTITUTE
   11  CREATION OF THE DOCUMENT.
   12    2. ANY AGENCY THAT RECEIVES INSTRUMENTS FOR FILING  SHALL  POST  IN  A
   13  PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE
   14  LOCATION WHERE SUCH AGENCY HAS DESIGNATED FOR THE RECEIPT OF INSTRUMENTS
   15  FOR FILING, A NOTICE DESCRIBING THE PROHIBITION CONTAINED IN SUBDIVISION
   16  ONE OF THIS SECTION.
   17    3. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL MEAN:
   18    (A)  "AGENCY"  MEANS ANY STATE OR MUNICIPAL DEPARTMENT, BOARD, BUREAU,
   19  DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY,  PUBLIC  CORPORATION,
   20  COUNCIL,  OFFICE  OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL
   21  OR PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE  MUNICIPALITIES
   22  THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE;
   23    (B) "PERSONAL IDENTIFYING INFORMATION" MEANS A SOCIAL SECURITY NUMBER,
   24  DRIVER'S  LICENSE  NUMBER, MOTHER'S MAIDEN NAME, CONSUMER CREDIT ACCOUNT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05319-01-9
       S. 5366                             2
    1  NUMBER OR CODE, SAVINGS ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT  NUMBER
    2  OR CODE, OR DEBIT CARD NUMBER OR CODE.
    3    4.  UPON  ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, AN APPLICA-
    4  TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF
    5  THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
    6  AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
    7  DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  THE  VIOLATION.  IF  IT
    8  SHALL  APPEAR  TO  THE  SATISFACTION  OF  THE  COURT OR JUSTICE THAT THE
    9  DEFENDANT HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  THE
   10  COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
   11  OUT  REQUIRING  PROOF  THAT  ANY  PERSON  HAS,  IN FACT, BEEN INJURED OR
   12  DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY  MAKE  ALLOWANCES
   13  TO  THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A)
   14  OF SECTION EIGHT THOUSAND THREE HUNDRED THREE OF THE CIVIL PRACTICE  LAW
   15  AND  RULES,  AND  DIRECT  RESTITUTION. IN CONNECTION WITH AN APPLICATION
   16  MADE UNDER THIS SECTION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO  TAKE
   17  PROOF  AND  TO  MAKE  A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
   18  SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND  RULES.  ANY
   19  PENALTY OR INJUNCTION FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION
   20  SHALL BE ASSESSED AGAINST THE PERSON OR BUSINESS ENTITY THAT CREATED THE
   21  INSTRUMENT. NO PERSON, BUSINESS ENTITY OR AGENCY SHALL BE DEEMED TO HAVE
   22  VIOLATED  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF THIS SECTION IF SUCH
   23  PERSON, BUSINESS ENTITY OR AGENCY HAD NO INVOLVEMENT IN THE CREATION  OF
   24  THE INSTRUMENT, OR CREATED THE INSTRUMENT WITHOUT THE INTENTION OR KNOW-
   25  LEDGE THAT THE INSTRUMENT WAS TO BE FILED WITH AN AGENCY.
   26    S  2.  This  act shall take effect on the ninetieth day after it shall
   27  have become a law.