NY State Senate Bill 2009-S3392

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Mar 18, 2009	referred to consumer protection

co-Sponsors

2009-S3392 (ACTIVE) - Details

See Assembly Version of this Bill:: A9862
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §144, Gen Bus L

2009-S3392 (ACTIVE) - Summary

Relates to the limitations on the use of social security numbers; defines "organization" and "informed written consent"; provides that no organization shall sell, share, lease or trade an individual's social security number with any other person without informed written consent of the individual to whom the social security number pertains.

2009-S3392 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3392

 TITLE OF BILL :
An act to amend the general business law, in relation to limitations
of the use of social security numbers

 PURPOSE :
This legislation would prohibit any organization to sell, share, lease
or trade an individual's Social Security number (SSN) without informed
written consent of the individual whose SSN it is, except where
required by state or federal law.

 SUMMARY OF PROVISIONS :
Section two of this measure amends the General Business Law, adding a
new section 144, regarding the limitations of the use of SSN's.

 JUSTIFICATION :
With the dawning and subsequent explosion of the high tech age,
identity theft has become one of the fastest growing crimes in our
nation. According to statistics from the Secret Service Agency,
investigations of financial crimes involving identity fraud has
climbed steadily from $442 million in 1995, to $450 million in 1996 to
an alarming $745 million in 1997.

In Western New York an individual victimized by this crime faced armed
bounty hunters in her home demanding the return of a $24,000 luxury

car that was in fact leased, and ultimately stolen, by someone using
her social security number and credit history. This perpetrator did
not even use the same last name, gave an entirely different home and
business address, and was apparently even of a completely different
age, yet she still easily incurred at least $50,000 of debt in the
name of an unsuspecting retired teacher.

Mastercard International reported that 96 percent of its overall
losses of $407 million in 1997 were due to identity fraud. A recent
American Bankers Association survey of the bank-card industry reported
that on average about 16,800 cases involving credit-card fraud were
reported for each of the 10 large banks surveyed.

According to officials at the Social Security Administration, the
instance of SSN misuse investigations, which almost always involves
fraud, nearly tripled from 1996 to 1997. In this technologically
advanced society, it has become absurdly easy to obtain a person's
Social Security Account number.

This measure takes a proactive stance by limiting the instances when a
person's Social Security Account number may be used, making the
process of assuming one's identity more difficult, in an effort to
lower the staggering annual statistics relating to these crimes.

 LEGISLATIVE HISTORY :
S.1751 of 2005/2006, S.309 of 2004, S.4972-A of 2002, S.1445 of
2007/2008

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2009-S3392 (ACTIVE) - Bill Text download pdf

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

                                  3392

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 limitations  of
  the use of social security numbers

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

  Section 1. Legislative findings and declaration. The original  purpose
of the social security number was to serve as a mechanism for the feder-
al  government to track the earnings of an individual in order to deter-
mine the amount of social security taxes to credit to  the  individual's
account.  Since  its  creation, the social security number has been used
for numerous purposes by private businesses as well as  government.  The
increased use of the social security number has led to invasion of indi-
viduals'  privacy as well as fraud and identity theft. In the absence of
federal statutory provisions protecting  social  security  numbers  from
misuse,  the  legislature  finds it necessary and appropriate to provide
for such protections in this state.
  S 2. The general business law is amended by adding a new  section  144
to read as follows:
  S  144.  LIMITATIONS  OF THE USE OF SOCIAL SECURITY NUMBERS. 1.  DEFI-
NITIONS:
  (A) "ORGANIZATION" SHALL MEAN ANY NATURAL PERSON, GOVERNMENTAL  AGENCY
OR  UNIT, CORPORATION, TRUST, UNINCORPORATED ASSOCIATION, NOT-FOR-PROFIT
ORGANIZATION, PARTNERSHIP, AFFILIATE AND  ANY  OTHER  COMMERCIAL  ENTITY
LOCATED OR DOING BUSINESS IN THE STATE.
  (B) "INFORMED WRITTEN CONSENT" MEANS WRITTEN CONSENT GIVEN AFTER BEING
INFORMED  WHETHER  PROVIDING  A  SOCIAL  SECURITY NUMBER IS VOLUNTARY OR
MANDATORY, WHAT STATUTORY AUTHORITY REQUIRES PROVIDING  THE  NUMBER  AND
HOW SUCH NUMBER WILL BE USED.
  2.  NO ORGANIZATION SHALL SELL, SHARE, LEASE, OR TRADE AN INDIVIDUAL'S
SOCIAL SECURITY NUMBER WITH ANY OTHER PERSON  WITHOUT  INFORMED  WRITTEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00682-01-9

S. 3392                             2

CONSENT  OF  THE INDIVIDUAL TO WHOM THE SOCIAL SECURITY NUMBER PERTAINS,
EXCEPT WHERE ALLOWED BY STATE OR FEDERAL LAW.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Senate Bill S3392

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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co-Sponsors

2009-S3392 (ACTIVE) - Details

2009-S3392 (ACTIVE) - Summary

2009-S3392 (ACTIVE) - Sponsor Memo

2009-S3392 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michael F. Nozzolio

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

co-Sponsors

Ruth Hassell-Thompson

2009-S3392 (ACTIVE) - Details

2009-S3392 (ACTIVE) - Summary

2009-S3392 (ACTIVE) - Sponsor Memo

2009-S3392 (ACTIVE) - Bill Text download pdf

Comments