|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 05, 2014||referred to consumer protection|
senate Bill S7202
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7202 - Details
- See Assembly Version of this Bill:
- Current Committee:
- 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
BILL NUMBER:S7202 TITLE OF BILL: An act to amend the general business law, in relation to the sale and use of employment information PURPOSE OR GENERAL IDEA OF BILL: Bans the sale of employment information, including payroll and earnings information, hours worked, consumer history and health insurance information. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Section 380-u 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 as follows: (a) bans the sale of employment information by consumer reporting agencies without written consumer consent in a separate stand-alone document, This section also adds what is included in employment information, such as payroll and earning information, hours an employee has worked, consumer history and health insurance information. (b) requires that disclosure and consumer consent must be given in a separate, stand-alone document, and the consent is limited to the particular use or transaction for which the consent is given.
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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