Bill Text: NY S07819 | 2011-2012 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2012-06-25 - REFERRED TO RULES [S07819 Detail]

Download: New_York-2011-S07819-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7819
                                   I N  S E N A T E
                                     June 25, 2012
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       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-j to read as follows:
    3    S  399-J. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS.  1. NO
    4  PERSON OR BUSINESS  ENTITY  SHALL  INTENTIONALLY  CREATE  AN  INSTRUMENT
    5  AVAILABLE FOR PUBLIC INSPECTION THAT IS TO BE FILED WITH OR SUBMITTED TO
    6  AN  AGENCY  CONTAINING  PERSONAL  IDENTIFYING  INFORMATION  OF ANY OTHER
    7  PERSON, UNLESS SUCH OTHER PERSON IS A DEPENDENT CHILD OR  HAS  CONSENTED
    8  TO THE INCLUSION OF SUCH PERSONAL IDENTIFYING INFORMATION, WHICH IS NOT:
    9    (A) RELEVANT AND NECESSARY TO ACCOMPLISH THE PURPOSE OF THE FILING; OR
   10    (B) REQUIRED BY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR BY
   11  COURT RULE.
   12    FOR THE PURPOSE OF THIS SECTION, THE PRINTING OR OTHER REPRODUCTION OF
   13  A DOCUMENT RECEIVED BY ELECTRONIC OR ANY OTHER MEANS DOES NOT CONSTITUTE
   14  CREATION OF THE DOCUMENT.
   15    2.  ANY  AGENCY  THAT  RECEIVES INSTRUMENTS FOR FILING SHALL POST IN A
   16  PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE
   17  LOCATION WHERE SUCH AGENCY HAS DESIGNATED FOR THE RECEIPT OF INSTRUMENTS
   18  FOR FILING, A NOTICE DESCRIBING THE PROHIBITION CONTAINED IN SUBDIVISION
   19  ONE OF THIS SECTION AND SUBDIVISION SIX OF SECTION THREE  HUNDRED  NINE-
   20  TY-NINE-DD,  AS ADDED BY CHAPTER TWO HUNDRED SEVENTY-NINE OF THE LAWS OF
   21  TWO THOUSAND EIGHT, OF THIS ARTICLE.
   22    3. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL MEAN:
   23    (A) "AGENCY" MEANS ANY STATE OR MUNICIPAL DEPARTMENT,  BOARD,  BUREAU,
   24  DIVISION,  COMMISSION,  COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPORATION,
   25  COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING  A  GOVERNMENTAL
   26  OR  PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE MUNICIPALITIES
   27  THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00862-01-1
       S. 7819                             2
    1    (B)  "PERSONAL  IDENTIFYING  INFORMATION"  MEANS  A  DRIVER'S  LICENSE
    2  NUMBER,  MOTHER'S  MAIDEN  NAME, CONSUMER CREDIT ACCOUNT NUMBER OR CODE,
    3  SAVINGS ACCOUNT NUMBER OR CODE, CHECKING  ACCOUNT  NUMBER  OR  CODE,  OR
    4  DEBIT CARD NUMBER OR CODE.
    5    4.  UPON  ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, AN APPLICA-
    6  TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF
    7  THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
    8  AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
    9  DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  THE  VIOLATION.  IF  IT
   10  SHALL  APPEAR  TO  THE  SATISFACTION  OF  THE  COURT OR JUSTICE THAT THE
   11  DEFENDANT HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  THE
   12  COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
   13  OUT  REQUIRING  PROOF  THAT  ANY  PERSON  HAS,  IN FACT, BEEN INJURED OR
   14  DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY  MAKE  ALLOWANCES
   15  TO  THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A)
   16  OF SECTION EIGHT THOUSAND THREE HUNDRED THREE OF THE CIVIL PRACTICE  LAW
   17  AND  RULES,  AND  DIRECT  RESTITUTION. IN CONNECTION WITH AN APPLICATION
   18  MADE UNDER THIS SECTION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO  TAKE
   19  PROOF  AND  TO  MAKE  A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
   20  SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND  RULES.  ANY
   21  PENALTY OR INJUNCTION FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION
   22  SHALL BE ASSESSED AGAINST THE PERSON OR BUSINESS ENTITY THAT CREATED THE
   23  INSTRUMENT. NO PERSON, BUSINESS ENTITY OR AGENCY SHALL BE DEEMED TO HAVE
   24  VIOLATED  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF THIS SECTION IF SUCH
   25  PERSON, BUSINESS ENTITY OR AGENCY HAD NO INVOLVEMENT IN THE CREATION  OF
   26  THE INSTRUMENT, OR CREATED THE INSTRUMENT WITHOUT THE INTENTION OR KNOW-
   27  LEDGE THAT THE INSTRUMENT WAS TO BE FILED WITH AN AGENCY.
   28    S  2.  This  act shall take effect on the ninetieth day after it shall
   29  have become a law.