S T A T E O F N E W Y O R K
________________________________________________________________________
307
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
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-jj to read as follows:
S 399-JJ. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01908-02-5
S. 307 2
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,
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
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.