senate Bill S4856

Prohibits libraries from disclosing records and registration information of minors with limited exceptions

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Apr / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 10 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1205
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO LIBRARIES AND EDUCATION TECHNOLOGY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT

Summary

Prohibits libraries from disclosing records and registration information of minors with limited exceptions.

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Bill Details

Versions:
S4856
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add ยง79, Gen Muni L

Sponsor Memo

BILL NUMBER:S4856

TITLE OF BILL: An act to amend the general municipal law, in relation
to the disclosure of records and registration information by libraries

PURPOSE:

This bill would prohibit libraries from disclosing records and
registration information of minors with limited exceptions.

SUMMARY OF PROVISIONS:

Section 1- Amends the general municipal law by adding a new section
79.

Section 2 - Effective date

JUSTIFICATION:

The data mining of personal information has become prevalent as the
electronic means by which to transmit that information has increased.
Minors should be afforded basic protections from these acts. This bill
seeks to provide them by prohibiting public libraries from disclosing
personal information provided to them by minors.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4856

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to the disclosure
  of records and registration information by libraries

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 79 to read as follows:
  S 79. DISCLOSURE OF RECORDS AND REGISTRATION INFORMATION BY LIBRARIES.
1. ANY LIBRARY WHICH IS IN WHOLE OR IN PART SUPPORTED BY  PUBLIC  FUNDS,
INCLUDING,  BUT  NOT  LIMITED  TO,  PUBLIC,  ACADEMIC, SCHOOL OR SPECIAL
LIBRARIES, AND HAVING RECORDS INDICATING WHICH OF ITS DOCUMENTS OR OTHER
MATERIALS, REGARDLESS OF FORMAT, HAVE BEEN LOANED TO OR USED BY AN IDEN-
TIFIABLE INDIVIDUAL OR GROUP SHALL NOT  DISCLOSE  SUCH  RECORDS  TO  ANY
PERSON EXCEPT:
  A.  PERSONS  ACTING  WITHIN  THE SCOPE OF THEIR DUTIES IN THE ADMINIS-
TRATION OF THE LIBRARY;
  B. PERSONS AUTHORIZED TO INSPECT SUCH  RECORDS,  IN  WRITING,  BY  THE
INDIVIDUAL OR GROUP; OR
  C. BY ORDER OF A COURT OF LAW.
  2.  THE  REQUIREMENTS  OF  THIS  SECTION SHALL NOT PROHIBIT MIDDLE AND
ELEMENTARY SCHOOL LIBRARIES FROM MAINTAINING A SYSTEM  OF  RECORDS  THAT
IDENTIFIES  THE  INDIVIDUAL OR GROUP TO WHOM LIBRARY MATERIALS HAVE BEEN
LOANED EVEN IF SUCH SYSTEM PERMITS A DETERMINATION, INDEPENDENT  OF  ANY
DISCLOSURE OF SUCH INFORMATION BY THE LIBRARY, THAT DOCUMENTS OR MATERI-
ALS HAVE BEEN LOANED TO AN INDIVIDUAL OR GROUP.
  3.  ALL  REGISTRATION  INFORMATION  OF MINORS COLLECTED BY ANY LIBRARY
WHICH IS SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS,  INCLUDING,  BUT
NOT  LIMITED TO, PUBLIC, ACADEMIC, SCHOOL OR SPECIAL LIBRARIES SHALL NOT
BE DISCLOSED TO ANY PERSON EXCEPT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10623-01-3

S. 4856                             2

  A. PERSONS ACTING ONLY WITHIN THE LEGITIMATE SCOPE OF THEIR DUTIES  IN
THE ADMINISTRATION OF THE LIBRARY;
  B.  PERSONS  AUTHORIZED  TO  INSPECT  SUCH RECORDS, IN WRITING, BY THE
INDIVIDUAL; OR
  C. BY ORDER OF A COURT OF LAW.
  4. FOR PURPOSES OF THIS SECTION, "REGISTRATION  INFORMATION"  INCLUDES
ANY  INFORMATION  REQUIRED  OF  A  MINOR  IN ORDER TO BECOME ELIGIBLE TO
BORROW BOOKS, UTILIZE LIBRARY SERVICES, AND OTHER MATERIALS.
  5. ANY SUSPICIOUS REQUESTS FOR RECORDS OF MINORS THAT  MAY  BE  INDIC-
ATIVE  OF  CRIMINAL  INTENT SHALL BE REPORTED IMMEDIATELY TO APPROPRIATE
LAW ENFORCEMENT AUTHORITIES.
  S 2. This act shall take effect immediately.

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