NY State Assembly Bill A430

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2021	signed chap.583
Oct 27, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.965 substituted for s2628
Jun 02, 2021	referred to rules delivered to senate passed assembly
May 24, 2021	ordered to third reading rules cal.69 rules report cal.69 reported
May 19, 2021	reported referred to rules
May 11, 2021	reported referred to codes
Jan 06, 2021	referred to labor

Votes

Co-Sponsors

Multi-Sponsors

A430 (ACTIVE) - Details

See Senate Version of this Bill:: S2628
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3871
2011-2012: A1485
2013-2014: A1180
2015-2016: A995
2017-2018: A5112
2019-2020: A1920, S4586

A430 (ACTIVE) - Summary

Requires prior written notice upon hiring to all employees, informing them of the types of electronic monitoring which may occur; provides employers shall also post the notice of electronic monitoring.

A430 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    430
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  ZEBROWSKI, GOTTFRIED, CAHILL,
   PERRY, WEPRIN, DE LA ROSA, CRUZ, ABINANTI, COLTON  --  Multi-Sponsored
   by  --  M. of A.   GALEF -- read once and referred to the Committee on
   Labor
 
 AN ACT to amend the civil rights law, in relation to electronic monitor-
   ing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 52-c to read as follows:
   § 52-C. EMPLOYERS  ENGAGED  IN  ELECTRONIC  MONITORING;  PRIOR  NOTICE
 REQUIRED.  1.  FOR PURPOSES OF THIS SECTION, EMPLOYER MEANS ANY INDIVID-
 UAL, CORPORATION, PARTNERSHIP, FIRM, OR  ASSOCIATION  WITH  A  PLACE  OF
 BUSINESS  IN  THE STATE. IT SHALL NOT INCLUDE THE STATE OR ANY POLITICAL
 SUBDIVISION OF THE STATE.
   2. (A) ANY EMPLOYER WHO MONITORS  OR  OTHERWISE  INTERCEPTS  TELEPHONE
 CONVERSATIONS  OR  TRANSMISSIONS,  ELECTRONIC  MAIL OR TRANSMISSIONS, OR
 INTERNET ACCESS OR USAGE OF OR BY AN EMPLOYEE BY ANY  ELECTRONIC  DEVICE
 OR  SYSTEM,  INCLUDING  BUT  NOT LIMITED TO THE USE OF A COMPUTER, TELE-
 PHONE, WIRE, RADIO, OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL
 SYSTEMS, SHALL GIVE PRIOR WRITTEN NOTICE UPON HIRING  TO  ALL  EMPLOYEES
 WHO  ARE  SUBJECT  TO ELECTRONIC MONITORING. THE NOTICE REQUIRED BY THIS
 SUBDIVISION SHALL BE IN WRITING, IN AN ELECTRONIC RECORD, OR IN  ANOTHER
 ELECTRONIC  FORM  AND  ACKNOWLEDGED BY THE EMPLOYEE EITHER IN WRITING OR
 ELECTRONICALLY. EACH EMPLOYER SHALL ALSO POST THE NOTICE  OF  ELECTRONIC
 MONITORING IN A CONSPICUOUS PLACE WHICH IS READILY AVAILABLE FOR VIEWING
 BY ITS EMPLOYEES WHO ARE SUBJECT TO ELECTRONIC MONITORING.
   (B)  FOR  PURPOSES OF WRITTEN NOTICE REQUIRED BY PARAGRAPH (A) OF THIS
 SUBDIVISION, AN EMPLOYEE SHALL BE ADVISED THAT  ANY  AND  ALL  TELEPHONE
 CONVERSATIONS  OR  TRANSMISSIONS,  ELECTRONIC  MAIL OR TRANSMISSIONS, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00537-01-1

 A. 430                              2
 
 INTERNET ACCESS OR USAGE BY AN EMPLOYEE  BY  ANY  ELECTRONIC  DEVICE  OR
 SYSTEM,  INCLUDING  BUT NOT LIMITED TO THE USE OF A COMPUTER, TELEPHONE,
 WIRE, RADIO OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL SYSTEMS
 MAY  BE  SUBJECT  TO  MONITORING  AT ANY AND ALL TIMES AND BY ANY LAWFUL
 MEANS.
   3. THE ATTORNEY GENERAL MAY ENFORCE THE PROVISIONS  OF  THIS  SECTION.
 ANY  EMPLOYER  FOUND TO BE IN VIOLATION OF THIS SECTION SHALL BE SUBJECT
 TO A MAXIMUM CIVIL  PENALTY  OF  FIVE  HUNDRED  DOLLARS  FOR  THE  FIRST
 OFFENSE,  ONE THOUSAND DOLLARS FOR THE SECOND OFFENSE AND THREE THOUSAND
 DOLLARS FOR THE THIRD AND EACH SUBSEQUENT OFFENSE.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  PROCESSES  THAT
 ARE  DESIGNED TO MANAGE THE TYPE OR VOLUME OF INCOMING OR OUTGOING ELEC-
 TRONIC MAIL OR TELEPHONE VOICE MAIL OR  INTERNET  USAGE,  THAT  ARE  NOT
 TARGETED  TO MONITOR OR INTERCEPT THE ELECTRONIC MAIL OR TELEPHONE VOICE
 MAIL OR  INTERNET  USAGE  OF  A  PARTICULAR  INDIVIDUAL,  AND  THAT  ARE
 PERFORMED  SOLELY  FOR THE PURPOSE OF COMPUTER SYSTEM MAINTENANCE AND/OR
 PROTECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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The New York State Senate

assembly Bill A430

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Co-Sponsors

Multi-Sponsors

A430 (ACTIVE) - Details

A430 (ACTIVE) - Summary

A430 (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A430

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Sponsored By

ROSENTHAL L

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Co-Sponsors

Kenneth Zebrowski

Richard Gottfried

Kevin Cahill

N. Nick Perry

David Weprin

Carmen De La Rosa

Catalina Cruz

Thomas Abinanti

William Colton

Jo Anne Simon

Steven Otis

Charles Barron

Multi-Sponsors

Sandy Galef

A430 (ACTIVE) - Details

A430 (ACTIVE) - Summary

A430 (ACTIVE) - Bill Text download pdf

Comments