Assembly Bill A3349

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3349
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, ABINANTI -- read once and referred
   to the Committee on Governmental Operations
 
 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:
   § 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.
                                                            LBD05843-01-9
              

 A. 3349                             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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.