Assembly Bill A275

Vetoed By Governor

2009-2010 Legislative Session

Establishes the New York state automatic identification technology privacy task force

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	tabled vetoed memo.6771
Aug 18, 2010	delivered to governor
Jun 29, 2010	returned to assembly passed senate
Jun 24, 2010	3rd reading cal.1197 substituted for s7269a
Jan 26, 2010	referred to consumer protection delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.15 returned to assembly died in senate
Jun 18, 2009	referred to rules delivered to senate passed assembly
May 19, 2009	amended on third reading (t) 275a
Jan 29, 2009	advanced to third reading cal.36
Jan 26, 2009	reported
Jan 13, 2009	reported referred to ways and means
Jan 07, 2009	referred to consumer affairs and protection

Votes

- Jun 29, 2010 - Floor Vote
  A275
  
  Aye
  
  43
  
  Nay
  
  18
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 29, 2010
      
      aye (43)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Leibell
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Young
      
      nay (18)
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Golden
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      Skelos
      
      Winner
      
      excused (1)
      
      Morahan

Bill Amendments

Original

A (Active)

2009-A275 - Details

Versions Introduced in Other Legislative Sessions:: 2011-2012: A1032, A8439
2013-2014: A605
2015-2016: A119
2017-2018: A5233

2009-A275 - Summary

Establishes the New York state automatic identification technology privacy task force, to consist of: the chairperson of the consumer protection board, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, the mayor of the city of New York and 11 at-large members to be appointed by the governor and the legislative leaders; the task force shall report to the governor and the legislature regarding: existing state law, regulations, programs, policies, and practices related to the use of automatic identification technology; the privacy issues associated with the use of automatic identification technology by public and private entities; research on privacy issues associated with the use of automatic identification technology

2009-A275 - Sponsor Memo

                                BILL NUMBER:A275

TITLE OF BILL:  An act to establish a task force on the privacy impli-
cations of radio frequency identification technology

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a task force that would assess
various privacy issues associated with the use of radio frequency iden-
tification technologies by public and private entities.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would authorize and direct the establishment of the New York
state radio frequency identification privacy task force. The task force
would be charged with providing a report to the governor and legislature
with specific findings and recommendations, including the need to
prohibit or restrict the use of radio frequency identification technolo-
gy in certain situations, no later than November 30, 2009. The bill
would direct the chairperson of the consumer protection board and the
director of the office for technology to serve as joint chairpersons of
the 17 member task force.

JUSTIFICATION:

The right to privacy is a personal and fundamental right protected by

the united States Constitution. Systems used to transmit the identity of
an object or person using radio waves or other wireless means, commonly
referred to as radio frequency identification technology (RFID), are
increasingly being used by public and private entities, including
retailers, manufactures, and hospitals. As the price of radio frequency
identification technology decreases, the employment of this technology
is expected to increase rapidly. Several major retailers, including
Wal-Mart, Target and Best Buy, are moving rapidly to add RFID tags to
products they sell. This new technology has several privacy impli-
cations, including the potential for the tracking of movements of a
person who possesses or handles objects containing radio frequency iden-
tification tags and the profiling of citizens without their consent.

The New York state radio frequency identification task force would
subject RFID to a formal technology assessment and determine the need
for the State to regulate this technology in order to ensure personal
privacy.

PRIOR LEGISLATIVE HISTORY:

2007-2008: A.225-B - Passed Assembly 2005-2006: A.9506 - Passed Assem-
bly.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

Immediately.

2009-A275 - Bill Text download pdf

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

                                   275

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PHEFFER, DESTITO, KAVANAGH -- Multi-Sponsored by
  -- M. of A. BOYLAND, FARRELL, WALKER -- read once and referred to  the
  Committee on Consumer Affairs and Protection

AN  ACT  to  establish a task force on the privacy implications of radio
  frequency identification technology

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

  Section 1. Legislative intent. The legislature finds that the right to
privacy  is  a  personal  and  fundamental right protected by the United
States constitution. The legislature  additionally  finds  that  systems
used  to  transmit the identity of an object or person using radio waves
or other wireless means, commonly referred to as radio  frequency  iden-
tification technology, are increasingly being used by public and private
entities,  including  retailers, manufacturers, and hospitals. Moreover,
the legislature recognizes that as the price of  radio  frequency  iden-
tification  technology  decreases,  the employment of this technology is
expected to increase rapidly.  The  legislature  recognizes  that  radio
frequency  identification  technology  may  have numerous privacy impli-
cations affecting consumers and  the  general  public.  The  legislature
further  recognizes  that  radio frequency identification technology may
have numerous applications beneficial to public and private entities and
shared by consumers and the general public.    The  legislature  further
recognizes  that  radio  frequency  identification  technology  needs to
undergo a formal technology  assessment.  The  legislature  additionally
finds  that an assessment of the need to review the privacy implications
and  protections  and  practical  applications  of  this  technology  is
warranted.
  S  2.  The  New York state radio frequency identification privacy task
force is hereby established. The role of the task force includes, but is
not limited to:

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

                                                           LBD03053-01-9

A. 275                              2

  (a) assessing the privacy issues associated  with  the  use  of  radio
frequency  identification  technologies  by public and private entities,
including but not limited to,  state,  county,  and  local  governments,
retailers, manufacturers, employers, and schools;
  (b)   assessing  the  practical  applications  associated  with  radio
frequency identification technologies, including, but  not  limited  to,
the  tracking  of merchandise within a chain of distribution, protection
of merchandise against theft, and other beneficial uses by state, county
and local governments, retailers, manufacturers, employers and schools;
  (c) assessing whether or not the use of radio frequency identification
technology by businesses and the state and  its  political  subdivisions
should  be  prohibited  or  restricted and whether or not legislation is
necessary to regulate the use of such technology; and
  (d) preparing a report for submission to the governor and the legisla-
ture that provides specific recommendations  regarding:  existing  state
laws,  regulations, programs, policies, and practices related to the use
of radio frequency identification technology; the privacy issues associ-
ated with the use of radio frequency identification technology by public
and private entities; research on privacy issues associated with the use
of radio frequency identification technology; current and anticipated or
possible future uses of radio frequency identification  technology;  the
benefits  to  consumers  and  businesses from the use of radio frequency
identification technology; the need to prohibit or restrict the  use  of
radio  frequency  identification  technology  in certain situations; and
public awareness on the use of radio frequency identification  technolo-
gy.
  S 3. The task force shall issue its findings, in the form of a report,
no later than November 30, 2011.
  S  4. The task force shall consist of a total of seventeen members and
shall include the chairperson of  the  consumer  protection  board,  the
secretary  of  state, the commissioner of education, the director of the
office for technology, the attorney general, and the mayor of  the  city
of New York, or a designee of any of said officers.  The remaining elev-
en,  at-large  members  shall  be  appointed  as follows: three shall be
appointed by the governor; three shall be  appointed  by  the  temporary
president  of  the  senate and one by the minority leader of the senate;
three shall be appointed by the speaker of the assembly and one  by  the
minority  leader  of the assembly.   One each of the appointments of the
governor, temporary president of the senate,  and  the  speaker  of  the
assembly  shall be a member, officer, or employee of a consumer advocacy
organization.
  One of the appointments of the governor shall be a member, officer, or
employee of a national high technology trade association with a  signif-
icant presence in the state representing the radio frequency identifica-
tion  technology  manufacturing industry. One of the appointments of the
governor shall be a member, officer, or employee of a statewide  associ-
ation  representing  and  advocating  for the interests of local govern-
ments.  One of the appointments of the speaker of the assembly shall  be
a  member, officer, or employee of a statewide trade association repres-
enting primarily retail businesses.   One of  the  appointments  of  the
speaker  of  the  assembly  shall be a member, officer, or employee of a
manufacturer of radio frequency identification  systems.    One  of  the
appointments of the temporary president of the senate shall be a member,
officer,  or  employee of a statewide trade association representing the
grocery industry.  One of the appointments of the temporary president of
the senate shall be a member, officer, or employee of a financial insti-

A. 275                              3

tution that employs radio frequency identification  systems  in  one  or
more  of  its  products.  An organization shall be considered a consumer
advocacy organization if it advocates for enhanced  consumer  protection
in  the  marketplace,  educates  consumers,  and researches and analyzes
consumer issues, including consumers' right to privacy.
  S 5. The chairperson of the consumer protection board and the director
of the office for technology or their designees  shall  serve  as  joint
chairpersons of the task force.
  S  6.  The  task  force may consult with any organization, educational
institution, governmental agency, or person including, but  not  limited
to, the federal trade commission, the federal communications commission,
and  the  Electronic  Privacy  Information  Center,  a  public  interest
research center that advocates for first amendment and individual priva-
cy rights.
  S 7. The chairpersons of the task force may reconvene the task  force,
with  the  same  or  different members, after issuance of the report, to
address any other or further privacy issues associated with the  use  of
radio frequency identification technology.
  S  8.  The members of the task force shall serve without compensation,
except that at-large members shall be allowed their necessary and actual
expenses incurred in the performance of their duties under this act.
  S 9. The consumer protection board shall provide the task  force  with
such  facilities,  assistance, and data as will enable the task force to
carry out its powers and duties. Additionally, all other departments  or
agencies  of  the state or subdivisions thereof shall, at the request of
the chairpersons, provide the task force with such  facilities,  assist-
ance, and data as will enable the task force to carry out its powers and
duties.
  S 10. This act shall take effect immediately.

co-Sponsors

multi-Sponsors

2009-A275A (ACTIVE) - Details

Versions Introduced in Other Legislative Sessions:: 2011-2012: A1032, A8439
2013-2014: A605
2015-2016: A119
2017-2018: A5233

2009-A275A (ACTIVE) - Summary

2009-A275A (ACTIVE) - Bill Text download pdf

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

                                 275--A
                                                         Cal. No. 36

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PHEFFER, DESTITO, KAVANAGH, JAFFEE, ROSENTHAL --
  Multi-Sponsored by -- M. of A.  BOYLAND,  FARRELL  --  read  once  and
  referred  to  the  Committee  on  Consumer  Affairs  and Protection --
  reported from committee, advanced to  a  third  reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to establish the New York state automatic identification technol-
  ogy privacy task force

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

  Section 1. Legislative intent. The legislature finds that new technol-
ogies can have a profound impact on people and social systems.  The  use
of  new  technologies  can be very beneficial, but care must be taken to
ensure that such technologies are used  responsibly.  Automated  systems
used  to  identify,  track,  record,  store  and transfer data, commonly
referred to as automatic  identification  technology,  are  increasingly
being used by public and private entities, including retailers, manufac-
turers,  and  hospitals. The legislature recognizes that as the price of
automatic identification technology decreases, the  employment  of  this
technology  is  expected  to  increase  rapidly. The legislature further
recognizes that automatic identification technologies may  have  privacy
implications affecting consumers and the general public. The legislature
further  recognizes that such technology has numerous applications bene-
ficial to public and private entities and affecting both  consumers  and
the  general public. The legislature further recognizes that understand-
ing various applications and potential privacy concerns regarding  auto-
matic  identification  technology is an area that needs study and review
in order to determine what protections, if any, are  needed  to  protect
personal privacy.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD03053-06-9

A. 275--A                           2

  S  2.  The  New York state automatic identification technology privacy
task force is hereby established. The role of the task  force  includes,
but is not limited to:
  (a)  assessing  the  privacy issues associated with the application of
automatic identification technologies,  including  but  not  limited  to
optical  bar  code scanning, radio frequency identification, smart card,
and optical memory card technologies by  public  and  private  entities,
including  but  not  limited  to,  state, county, and local governments,
retailers, manufacturers, employers, and schools;
  (b) assessing the practical  applications  associated  with  automatic
identification technologies, including, but not limited to, the tracking
of merchandise within a chain of distribution, protection of merchandise
against  theft,  and  other  beneficial  uses by state, county and local
governments, retailers, manufacturers, employers and schools; and
  (c) preparing a report for submission to the governor and the legisla-
ture that provides specific recommendations  regarding:  existing  state
laws,  regulations, programs, policies, and practices related to the use
of automatic identification technology and whether legislation is neces-
sary to regulate the use of such technology; the privacy issues  associ-
ated  with  the use of automatic identification technology by public and
private entities; research on privacy issues associated with the use  of
automatic identification technology; current and anticipated or possible
future  uses  of  automatic  identification  technology; the benefits to
consumers and businesses from the use of automatic identification  tech-
nology;  and  public  awareness  on  the use of automatic identification
technology.
  S 3. The task force shall issue its findings, in the form of a report,
no later than November 30, 2011.
  S 4. The task force shall consist of a total of seventeen members  and
shall  include  the  chairperson  of  the consumer protection board, the
secretary of state, the commissioner of education, the director  of  the
office  for  technology, the attorney general, and the mayor of the city
of New York, or a designee of any of said officers. The remaining  elev-
en,  at-large  members  shall  be  appointed  as follows: three shall be
appointed by the governor; three shall be  appointed  by  the  temporary
president  of  the  senate and one by the minority leader of the senate;
three shall be appointed by the speaker of the assembly and one  by  the
minority  leader  of  the  assembly. One each of the appointments of the
governor, temporary president of the senate,  and  the  speaker  of  the
assembly  shall be a member, officer, or employee of a consumer advocacy
organization. One of the appointments of the governor shall be a member,
officer, or employee of a financial institution that  employs  automatic
identification technology systems in one or more of its products. One of
the appointments of the governor shall be a member, officer, or employee
of a statewide association representing and advocating for the interests
of  local  governments.  One  of  the appointments of the speaker of the
assembly shall be a member, officer, or employee of  a  statewide  trade
association   representing  primarily  retail  businesses.  One  of  the
appointments of the speaker of the assembly shall be a member,  officer,
or employee of a manufacturer of radio frequency identification systems.
One  of  the appointments of the temporary president of the senate shall
be a member, officer, or  employee  of  a  statewide  trade  association
representing the grocery industry. One of the appointments of the tempo-
rary  president of the senate shall be a member, officer, or employee of
a national high technology trade association with a significant presence
in the state representing the radio frequency identification  technology

A. 275--A                           3

manufacturing  industry.  An organization shall be considered a consumer
advocacy organization if it advocates for enhanced  consumer  protection
in  the  marketplace,  educates  consumers,  and researches and analyzes
consumer issues, including consumers' right to privacy.
  S 5. The chairperson of the consumer protection board and the director
of  the  office  for  technology or their designees shall serve as joint
chairpersons of the task force.
  S 6. The task force may consult  with  any  organization,  educational
institution, governmental agency, or person.
  S  7.  The members of the task force shall serve without compensation,
except that at-large members shall be allowed their necessary and actual
expenses incurred in the performance of their duties under this act.
  S 8. The consumer protection board shall provide the task  force  with
such  facilities,  assistance, and data as will enable the task force to
carry out its powers and duties. Additionally, all other departments  or
agencies  of  the state or subdivisions thereof shall, at the request of
the chairpersons, provide the task force with such  facilities,  assist-
ance, and data as will enable the task force to carry out its powers and
duties.
  S 9. This act shall take effect immediately.

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Assembly Bill A275

Vetoed By Governor

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Actions

Votes

Jun 29, 2010 - Floor Vote

Floor Vote: Jun 29, 2010

Bill Amendments

2009-A275 - Details

2009-A275 - Summary

2009-A275 - Sponsor Memo

2009-A275 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A275A (ACTIVE) - Details

2009-A275A (ACTIVE) - Summary

2009-A275A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A275

Assembly Bill A275

Vetoed By Governor

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Sponsored By

PHEFFER

Archive: Last Bill Status - Vetoed by Governor

Actions

Votes

Bill Amendments

2009-A275 - Details

2009-A275 - Summary

2009-A275 - Sponsor Memo

2009-A275 - Bill Text download pdf

co-Sponsors

RoAnn Destito

Brian Kavanagh

Ellen C. Jaffee

Linda Rosenthal

multi-Sponsors

William Boyland

Herman D. Farrell

2009-A275A (ACTIVE) - Details

2009-A275A (ACTIVE) - Summary

2009-A275A (ACTIVE) - Bill Text download pdf

Comments