NY State Senate Bill 2009-S7273

Senate Bill S7273

2009-2010 Legislative Session

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2010	referred to consumer protection

2009-S7273 (ACTIVE) - Details

See Senate Version of this Bill:: S5366
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-i, Gen Bus L

2009-S7273 (ACTIVE) - Summary

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.

2009-S7273 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7273

 TITLE OF BILL :
An act to amend the general business law, in relation to personal
information restrictions for public records


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to protect the privacy or New York State
residents, by prohibiting the filing of unnecessary identifying
information with government entities"

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would prohibit any person or business entity from filing
with the State or any political subdivision or any division or
department thereof, any personal identifying information which is not
relevant and necessary to accomplish the purpose of the filing, or not
required by state or federal law, rule or regulation.

The bill would also require agencies that receive instruments for
filing to post a prominent notice describing the above prohibition.
Lastly, the bill would authorize the Attorney General to enforce the
provisions of this section by seeking an injunction against a
violator.

 JUSTIFICATION :

This bill would protect the privacy of New York State residents by
prohibiting the filing of unnecessary personal identifying information
with government entities. Such filings are records to which the
general public may obtain access. Often documents such as mortgages
and judgments are filed with government entities for public purpose
and contain personal information not required by the statutory filing
requirements. While rare, there have been instances when copies of a
person's drivers license and credit card were submitted as part of a
filing. This sensitive information should not be publicly available.
Furthermore, as more and more localities implement systems allowing
for public access of records via the Internet, the need to ensure that
vulnerable personal information in not included in such records is
critical.

As the incidence of identity theft continues to rise, it is essential
that precautions are implemented to ensure that personal identifying
information does not become available to unauthorized persons.

 PRIOR LEGISLATIVE HISTORY :
2007-2008: A.275-A - Passed Assembly
2005-2006: A. 7670-D - Passed Assembly

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
90 days after enactment.

2009-S7273 (ACTIVE) - Bill Text download pdf

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

                                  7273

                            I N  S E N A T E

                             March 26, 2010
                               ___________

Introduced  by  Sen.  PARKER -- 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-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  THAT
IS  TO BE FILED WITH OR SUBMITTED TO AN AGENCY CONTAINING PERSONAL IDEN-
TIFYING INFORMATION OF ANOTHER PERSON 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.
  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.
  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 SOCIAL SECURITY NUMBER,
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

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

                                                           LBD05319-01-9

S. 7273                             2

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.

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