senate Bill S7575

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to consumer protection

S7575 - Details

See Assembly Version of this Bill:
A6112
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L

S7575 - Summary

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

S7575 - Sponsor Memo

S7575 - Bill Text download pdf

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

                                  7575

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- 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-j to read as follows:
  S 399-J. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS.  1.  NO
PERSON  OR  BUSINESS  ENTITY  SHALL  INTENTIONALLY  CREATE AN INSTRUMENT
AVAILABLE FOR PUBLIC INSPECTION THAT IS TO BE FILED WITH OR SUBMITTED TO
AN AGENCY CONTAINING  PERSONAL  IDENTIFYING  INFORMATION  OF  ANY  OTHER
PERSON,  UNLESS  SUCH OTHER PERSON IS A DEPENDENT CHILD OR HAS CONSENTED
TO THE INCLUSION OF SUCH PERSONAL IDENTIFYING INFORMATION, 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, OR BY
COURT RULE.
  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 AND SUBDIVISION SIX OF SECTION THREE HUNDRED NINE-
TY-NINE-DDD OF THIS ARTICLE.
  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  DRIVER'S  LICENSE
NUMBER,  MOTHER'S  MAIDEN  NAME, CONSUMER CREDIT ACCOUNT NUMBER OR CODE,

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

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