Assembly Bill A2381

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

                                  2381

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

Introduced  by M. of A. DESTITO, PHEFFER, SWEENEY, LENTOL -- Multi-Spon-
  sored by -- M. of A.  BENEDETTO, FARRELL, GUNTHER,  LATIMER,  LUPARDO,
  MAGNARELLI,  MARKEY,  McDONOUGH, RAMOS, REILLY, P. RIVERA -- read once
  and referred to the Committee on Governmental Operations

AN ACT to amend the public officers law and the general  municipal  law,
  in  relation  to  the redaction of personal identifying information in
  public documents

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

  Section  1. The public officers law is amended by adding a new section
66-b to read as follows:
  S 66-B.  DOCUMENTS WITH PERSONAL IDENTIFYING INFORMATION.  1.    DEFI-
NITIONS. AS USED IN THIS SECTION:
  A.  "AGENCY"  SHALL  HAVE  THE SAME MEANING AS PROVIDED IN SUBDIVISION
THREE OF SECTION EIGHTY-SIX OF THIS CHAPTER.
  B. "RECORD" SHALL HAVE THE SAME MEANING  AS  PROVIDED  IN  SUBDIVISION
FOUR OF SECTION EIGHTY-SIX OF THIS CHAPTER.
  C.  "PERSONAL IDENTIFYING INFORMATION" MEANS A SOCIAL SECURITY NUMBER,
A DRIVER'S LICENSE NUMBER,  MOTHER'S  MAIDEN  NAME,  A  CONSUMER  CREDIT
ACCOUNT  NUMBER  OR  CODE,  A SAVINGS ACCOUNT NUMBER OR CODE, A CHECKING
ACCOUNT NUMBER OR CODE, OR A DEBIT CARD NUMBER OR CODE.
  D. "INTERNET" SHALL HAVE THE SAME MEANING AS PROVIDED  IN  SUBDIVISION
THREE OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
  2.  REJECTION OF DOCUMENTS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, AN AGENCY SHALL NOT RECORD OR ACCEPT FOR RECORDING  ANY
DOCUMENT  THAT  INCLUDES  PERSONAL IDENTIFYING INFORMATION OF ANY PERSON
WHICH IS NOT REQUIRED BY STATE OR FEDERAL LAW.
  3.  REQUEST  FOR  REDACTION  OF  PERSONAL   IDENTIFYING   INFORMATION.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON,
OR HIS OR HER ATTORNEY OR LEGAL GUARDIAN, HAS THE RIGHT TO REQUEST  THAT
AN AGENCY REMOVE, FROM AN IMAGE OR COPY OF A RECORD PLACED ON SUCH AGEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06152-01-1
              

A. 2381                             2

CY'S  INTERNET  WEBSITE  OR  AN INTERNET WEBSITE USED BY SUCH AGENCY, TO
DISPLAY PUBLIC RECORDS OR OTHERWISE MAKE ELECTRONICALLY AVAILABLE TO THE
GENERAL PUBLIC,  PERSONAL  IDENTIFYING  INFORMATION  CONTAINED  IN  SUCH
RECORD.  SUCH  REQUEST  MUST BE MADE IN WRITING, SIGNED BY THE REQUESTOR
AND DELIVERED BY MAIL, FACSIMILE, ELECTRONIC TRANSMISSION, OR  DELIVERED
IN PERSON, TO THE AGENCY. THE REQUEST MUST SPECIFY WHICH RECORD CONTAINS
THE  PERSONAL  IDENTIFYING  INFORMATION  TO BE REDACTED. UPON RECEIPT OF
SUCH REQUEST, AN AGENCY SHALL REMOVE SUCH RECORD, IN WHOLE OR  IN  PART,
CONTAINING  THE  PERSONAL  IDENTIFYING  INFORMATION  FROM  THE  AGENCY'S
PUBLICLY AVAILABLE INTERNET WEBSITE AS  EXPEDITIOUSLY  AS  POSSIBLE.  AN
AGENCY  HAS  NO DUTY TO INQUIRE BEYOND THE WRITTEN REQUEST TO VERIFY THE
IDENTITY OF THE PERSON REQUIRING REDACTION. A FEE SHALL NOT  BE  CHARGED
FOR  THE  REDACTION OF PERSONAL IDENTIFYING INFORMATION PURSUANT TO SUCH
REQUEST.
  4. PUBLIC NOTICE REQUIREMENTS.  ALL  AGENCIES  SHALL  IMMEDIATELY  AND
CONSPICUOUSLY  POST  SIGNS  THROUGHOUT  THE AGENCIES' OFFICES FOR PUBLIC
VIEWING AND SHALL IMMEDIATELY AND CONSPICUOUSLY POST,  ON  ANY  INTERNET
WEBSITE  MADE AVAILABLE TO THE GENERAL PUBLIC BY THE AGENCY AND USED FOR
THE ORDERING OR DISPLAY OF  RECORDS,  A  NOTICE  STATING,  IN  AT  LEAST
TWELVE-POINT FONT, IN SUBSTANTIALLY SIMILAR FORM, THE FOLLOWING:
  "ANY  PERSON HAS A RIGHT TO REQUEST AN AGENCY TO REMOVE, FROM AN IMAGE
OR COPY OF A RECORD PLACED ON THE AGENCY'S INTERNET  WEBSITE  OR  ON  AN
INTERNET  WEBSITE USED BY THE AGENCY TO DISPLAY PUBLIC RECORDS OR OTHER-
WISE MAKE ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC,  ANY  PERSONAL
IDENTIFYING INFORMATION CONTAINED IN A RECORD. SUCH REQUEST MUST BE MADE
IN WRITING AND DELIVERED BY MAIL, FACSIMILE, ELECTRONIC TRANSMISSION, OR
DELIVERED  IN  PERSON,  TO  THE  AGENCY.  THE REQUEST MUST SPECIFY WHICH
RECORD CONTAINS THE PERSONAL IDENTIFYING INFORMATION TO BE  REDACTED.  A
FEE  SHALL  NOT  BE  CHARGED  FOR  THE REDACTION OF PERSONAL IDENTIFYING
INFORMATION PURSUANT TO SUCH REQUEST."
  5. REDACTION OF PERSONAL IDENTIFYING INFORMATION. NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW TO THE CONTRARY, BY DECEMBER THIRTY-FIRST, TWO
THOUSAND FOURTEEN, AN AGENCY SHALL, ABSENT A COURT  ORDER,  REMOVE  FROM
IMAGE OR COPY OF A RECORD PLACED ON SUCH AGENCY'S INTERNET WEBSITE OR AN
INTERNET WEBSITE USED BY SUCH AGENCY TO DISPLAY PUBLIC RECORDS OR OTHER-
WISE MAKE ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC, PERSONAL IDEN-
TIFYING INFORMATION CONTAINED IN SUCH RECORD.
  S 2. The general municipal law is amended by adding a new section 99-v
to read as follows:
  S  99-V.  DOCUMENTS WITH PERSONAL IDENTIFYING INFORMATION.  EACH TOWN,
CITY, VILLAGE AND COUNTY SHALL, BY LOCAL LAW OR RESOLUTION,  IDENTIFY  A
PERSON  OR  PERSONS  TO ENSURE COMPLIANCE WITH THE PROVISIONS OF SECTION
SIXTY-SIX-B OF THE PUBLIC OFFICERS LAW, WHICH PERTAINS TO THE  REDACTION
OF PERSONAL IDENTIFYING INFORMATION.
  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.