Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to consumer protection |
May 24, 2013 |
print number 5554a |
May 24, 2013 |
amend and recommit to consumer protection |
May 20, 2013 |
referred to consumer protection |
Senate Bill S5554A
2013-2014 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-S5554 - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Rel §380-u to be §380-v, add §380-u, Gen Bus L
2013-S5554 - Sponsor Memo
BILL NUMBER:S5554 TITLE OF BILL: An act to amend the general business law, in relation to banning the sale of employment data reports PURPOSE OR GENERAL IDEA OF BILL: Bans the sale of employment data reports SUMMARY OF SPECIFIC PROVISIONS: Section 1: Section 380-u of the article is relettered section 380-v, and a new section 380-u is added. Section 380-u(a) is added to ban the sale of employment data reports by consumer reporting agencies without written consumer consent in a separate stand-alone document, This section also adds what is included in employment data reports, such as payroll and earning information, hours an employee has worked, consumer history and health insurance information. Section 380-u(b) charges the Attorney General with the enforcement of this law, This section also includes a civil penalty of 2,000 dollars for each violation of this statute to be imposed on the consumer reporting agencies.
2013-S5554 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 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
2013-S5554A (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Rel §380-u to be §380-v, add §380-u, Gen Bus L
2013-S5554A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5554A TITLE OF BILL: An act to amend the general business law, in relation to banning the sale of employment data reports PURPOSE OR GENERAL IDEA OF BILL: Bans the sale of employment data reports SUMMARY OF SPECIFIC PROVISIONS: Section 1: Section 380-u of the article is relettered section 380-v, and a new section 380-u is added, which would ban the sale of employment data reports by consumer reporting agencies without written consumer consent in a separate stand-alone document. This section also adds what is included in employment data reports, such as payroll and earning information, hours an employee has worked, consumer history and health insurance information. Section 380-u(b) charges the Attorney General with the enforcement of this law, This section also includes a civil penalty of 2,000 dollars for each violation of this statute to be imposed on the consumer reporting agencies.
2013-S5554A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5554--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08805-08-3
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