S T A T E O F N E W Y O R K
________________________________________________________________________
3720
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. PHEFFER -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the general business law, in relation to prohibiting the
release of employee information by third party payroll processors
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. RELEASE OF EMPLOYEE INFORMATION; PROHIBITED. 1. FOR PURPOSES
OF THIS SECTION:
A. "THIRD PARTY PAYROLL PROCESSOR" SHALL MEAN A COMPANY HIRED BY AN
EMPLOYER TO PREPARE AND/OR PROCESS ITS PAYROLL, TAXES RELATED TO PAYROLL
OR EMPLOYEE BENEFITS.
B. "EMPLOYEE INFORMATION" SHALL MEAN INFORMATION PROVIDED TO A THIRD
PARTY PAYROLL PROCESSOR BY AN EMPLOYER FOR THE PURPOSE OF PREPARING OR
PROCESSING THAT EMPLOYER'S PAYROLL, TAXES RELATED TO PAYROLL OR EMPLOYEE
BENEFITS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO THIRD PARTY PAYROLL
PROCESSOR SHALL BE REQUIRED TO DISCLOSE ANY EMPLOYEE INFORMATION.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY GRAND JURY OR
ANY AGENCY OF THE LEGISLATURE OR EXECUTIVE BRANCH OF GOVERNMENT WHICH
REQUIRES THE RECORDS DESCRIBED IN PARAGRAPH A OF SUBDIVISION ONE OF THIS
SECTION IN FURTHERANCE OF OFFICIAL DUTIES.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06852-01-9