Assembly Bill A1819

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

                                 1819--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by M. of A. PHEFFER, ENGLEBRIGHT -- Multi-Sponsored by -- M.
  of A. LUPARDO, McDONOUGH -- read once and referred to the Committee on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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-i to read as follows:
  S  399-I. 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-DD 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05319-02-9
              

A. 1819--A                          2

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,
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.