senate Bill S7202

2013-2014 Legislative Session

Bans the use of employer data information

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 05, 2014 referred to consumer protection

S7202 - Details

See Assembly Version of this Bill:
A6790A
Law Section:
General Business Law
Laws Affected:
Rel §380-u to be §380-v, add §380-u, Gen Bus L

S7202 - Summary

Bans the sale of employment data reports without written consumer consent; provides such employment data reports shall include, but not be limited to, payroll and earnings information, hours worked, consumer history and health insurance information.

S7202 - Sponsor Memo

S7202 - Bill Text download pdf

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

                                  7202

                            I N  S E N A T E

                               May 5, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- 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  the  sale  and
  use of employment information

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

  Section 1.  Section 380-u of the general business law,  as  relettered
by chapter 63 of the laws of 2006, is relettered section 380-v and a new
section 380-u is added to read as follows:
  S  380-U.  SALE  AND  USE OF EMPLOYMENT INFORMATION.   (A) NO CONSUMER
REPORTING AGENCY OR ANY SUBSIDIARY THEREOF  SHALL  SELL  OR  RESELL,  OR
OFFER  FOR  SALE  OR  RESALE OR DISTRIBUTE EMPLOYMENT INFORMATION TO ANY
PRINCIPAL CREDITOR, AS THAT TERM IS  DEFINED  IN  SUBDIVISION  THREE  OF
SECTION  SIX  HUNDRED  OF  THIS CHAPTER, OR OTHER DEBT COLLECTOR WITHOUT
VERIFYING THAT SUCH SALE, RESALE, OR DISTRIBUTION WAS DISCLOSED  TO  THE
CONSUMER  TO  WHOM  SUCH EMPLOYMENT INFORMATION PERTAINS WITHOUT WRITTEN
CONSUMER CONSENT IN A SEPARATE STAND-ALONE DOCUMENT.  EMPLOYMENT  INFOR-
MATION SHALL INCLUDE, BUT NOT BE LIMITED TO, PAYROLL AND EARNINGS INFOR-
MATION, HOURS WORKED, CONSUMER HISTORY AND HEALTH INSURANCE INFORMATION.
  (B) SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE GIVEN IN A SEPARATE,
STAND-ALONE  DOCUMENT AND CONSENT SHALL BE LIMITED TO THE PARTICULAR USE
OR TRANSACTION FOR WHICH CONSENT IS GIVEN.
  (C) WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION,  AN  APPLICA-
TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDICTION  BY  A
SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE  CONTIN-
UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT 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  EIGHTY-THREE

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

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