S T A T E   O F   N E W   Y O R K
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                                  5554

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 20, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  banning  the
  sale of employment data reports

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

  Section 1.  Section 380-u of the general business law,  as  relettered
by chapter 63 of the laws of 2006, is relettered section 380-v and a new
section 380-u is added to read as follows:
  S  380-U.  SALE OF EMPLOYMENT DATA REPORTS.  (A) NO CONSUMER REPORTING
AGENCY SHALL SELL OR RESELL, OR OFFER FOR SALE OR RESALE  OR  DISTRIBUTE
EMPLOYMENT  DATA  REPORTS  TO  THIRD  PARTIES  WITHOUT  WRITTEN CONSUMER
CONSENT IN A SEPARATE STAND-ALONE DOCUMENT.    SUCH  EMPLOYMENT  REPORTS
SHALL  INCLUDE, BUT NOT BE LIMITED TO, PAYROLL AND EARNINGS INFORMATION,
HOURS WORKED, CONSUMER HISTORY AND HEALTH INSURANCE INFORMATION.
  (B) WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION,  AN  APPLICA-
TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDICTION  BY  A
SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE  CONTIN-
UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.  IN  CONNECTION  WITH  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08805-07-3
              

S. 5554                             2

SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE
PROOF AND MAKE A DETERMINATION  OF  THE  RELEVANT  FACTS  AND  TO  ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  (C) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT  MAY, IN ITS DISCRETION, AWARD THE PREVAILING
PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND
DOLLARS, IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED  THE
PROVISIONS  OF  THIS  SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.