Assembly Bill A859A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  859--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. BRAUNSTEIN, ABINANTI, GUNTHER, MOSLEY, GOTTFRIED,
   WEPRIN,  MONTESANO,  ROSENTHAL,  COLTON,  JAFFEE,  CAHILL,  O'DONNELL,
   PEOPLES-STOKES, STECK, RAIA, PERRY, HOOPER,  MOYA,  SKOUFIS,  SIMOTAS,
   OTIS, RODRIGUEZ, BLAKE -- Multi-Sponsored by -- M. of A. ARROYO, COOK,
   CROUCH, GALEF, GLICK, McDONOUGH, SIMANOWITZ, STEC, TITONE -- read once
   and  referred  to  the Committee on Consumer Affairs and Protection --
   reported  and  referred  to  the  Committee  on  Codes  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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-v of the general business law, as relettered
 by chapter 441 of the laws of 2014, is relettered section  380-w  and  a
 new section 380-v is added to read as follows:
   §  380-V.  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 IN A SEPARATE
 STAND-ALONE DOCUMENT, AND THAT WRITTEN CONSENT FROM  SUCH  CONSUMER  WAS
 OBTAINED.   EMPLOYMENT INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
 PAYROLL AND EARNINGS INFORMATION, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01691-02-7
              

 A. 859--A                           2
 
   (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
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN  TWO  THOUSAND  DOLLARS  FOR EACH VIOLATION. IN CONNECTION WITH ANY
 SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS  AUTHORIZED  TO  TAKE
 PROOF  AND  MAKE  A  DETERMINATION  OF  THE  RELEVANT FACTS AND TO ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   (D) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
 COMPENSATORY DAMAGES AND ONE THOUSAND DOLLARS, OR BOTH SUCH ACTIONS. THE
 COURT  MAY,  IN  ITS  DISCRETION, AWARD THE PREVAILING PLAINTIFF IN SUCH
 ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND DOLLARS,  IF  THE
 COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED THE PROVISIONS OF THIS
 SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A  PREVAILING
 PLAINTIFF.
   (E)  NOTHING  IN THIS SECTION SHALL IN ANY WAY LIMIT THE RIGHTS, REME-
 DIES OR PRIVILEGES THAT ARE OTHERWISE AVAILABLE TO A CONSUMER AT LAW  OR
 EQUITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.