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

                                  7575

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- 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:

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S 399-J. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS.  1.  NO
PERSON  OR  BUSINESS  ENTITY  SHALL  INTENTIONALLY  CREATE AN INSTRUMENT
AVAILABLE FOR PUBLIC INSPECTION THAT IS TO BE FILED WITH OR SUBMITTED TO
AN AGENCY CONTAINING  PERSONAL  IDENTIFYING  INFORMATION  OF  ANY  OTHER
PERSON,  UNLESS  SUCH OTHER PERSON IS A DEPENDENT CHILD OR HAS CONSENTED
TO THE INCLUSION OF SUCH PERSONAL IDENTIFYING INFORMATION, WHICH IS NOT:
  (A) RELEVANT AND NECESSARY TO ACCOMPLISH THE PURPOSE OF THE FILING; OR
  (B) REQUIRED BY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR BY
COURT RULE.
  FOR THE PURPOSE OF THIS SECTION, THE PRINTING OR OTHER REPRODUCTION OF
A DOCUMENT RECEIVED BY ELECTRONIC OR ANY OTHER MEANS DOES NOT CONSTITUTE
CREATION OF THE DOCUMENT.
  2. ANY AGENCY THAT RECEIVES INSTRUMENTS FOR FILING  SHALL  POST  IN  A
PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE
LOCATION WHERE SUCH AGENCY HAS DESIGNATED FOR THE RECEIPT OF INSTRUMENTS
FOR FILING, A NOTICE DESCRIBING THE PROHIBITION CONTAINED IN SUBDIVISION
ONE  OF  THIS SECTION AND SUBDIVISION SIX OF SECTION THREE HUNDRED NINE-
TY-NINE-DDD OF THIS ARTICLE.
  3. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL MEAN:
  (A) "AGENCY" MEANS ANY STATE OR MUNICIPAL DEPARTMENT,  BOARD,  BUREAU,
DIVISION,  COMMISSION,  COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPORATION,
COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING  A  GOVERNMENTAL
OR  PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE MUNICIPALITIES
THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE;
  (B)  "PERSONAL  IDENTIFYING  INFORMATION"  MEANS  A  DRIVER'S  LICENSE
NUMBER,  MOTHER'S  MAIDEN  NAME, CONSUMER CREDIT ACCOUNT NUMBER OR CODE,

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

                                                           LBD06879-02-3

S. 7575                             2

SAVINGS ACCOUNT NUMBER OR CODE, CHECKING  ACCOUNT  NUMBER  OR  CODE,  OR
DEBIT CARD NUMBER OR CODE.
  4.  UPON  ANY VIOLATION OF THE PROVISIONS 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 TO ISSUE
AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  THE  VIOLATION.  IF  IT
SHALL  APPEAR  TO  THE  SATISFACTION  OF  THE  COURT OR JUSTICE THAT THE
DEFENDANT HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  THE
COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
OUT  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 EIGHT THOUSAND THREE HUNDRED THREE OF THE CIVIL PRACTICE  LAW
AND  RULES,  AND  DIRECT  RESTITUTION. IN CONNECTION WITH AN APPLICATION
MADE UNDER THIS SECTION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO  TAKE
PROOF  AND  TO  MAKE  A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND  RULES.  ANY
PENALTY OR INJUNCTION FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION
SHALL BE ASSESSED AGAINST THE PERSON OR BUSINESS ENTITY THAT CREATED THE
INSTRUMENT. NO PERSON, BUSINESS ENTITY OR AGENCY SHALL BE DEEMED TO HAVE
VIOLATED  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF THIS SECTION IF SUCH
PERSON, BUSINESS ENTITY OR AGENCY HAD NO INVOLVEMENT IN THE CREATION  OF
THE INSTRUMENT, OR CREATED THE INSTRUMENT WITHOUT THE INTENTION OR KNOW-
LEDGE THAT THE INSTRUMENT WAS TO BE FILED WITH AN AGENCY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.