assembly Bill A6199

2021-2022 Legislative Session

Creates an excise tax on the collection of consumer data by commercial data collectors

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to ways and means
Mar 10, 2021 referred to ways and means

A6199 (ACTIVE) - Details

See Senate Version of this Bill:
S4959
Law Section:
Tax Law
Laws Affected:
Add §186-h, Tax L

A6199 (ACTIVE) - Summary

Creates an excise tax on the collection of consumer data by commercial data collectors.

A6199 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6199
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to creating an  excise  tax  on
   the collection of consumer data by commercial data collectors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The tax law is amended by adding a  new  section  186-h  to
 read as follows:
   §  186-H.  EXCISE TAX ON THE COLLECTION OF CONSUMER DATA BY COMMERCIAL
 DATA COLLECTORS. 1. IMPOSITION OF TAX. THERE IS HEREBY IMPOSED A MONTHLY
 EXCISE TAX ON THE COLLECTION OF THE CONSUMER DATA OF INDIVIDUAL NEW YORK
 CONSUMERS BY COMMERCIAL DATA COLLECTORS. THE TAX SHALL APPLY  REGARDLESS
 OF  THE  FORMAT,  ELECTRONIC OR OTHERWISE, IN WHICH THE CONSUMER DATA IS
 COLLECTED BY THE COMMERCIAL DATA COLLECTOR.
   2. DEFINITIONS. AS USED IN THIS SECTION:
   (A) THE WORDS "COMMERCIAL DATA COLLECTOR"  MEAN  A  FOR-PROFIT  ENTITY
 THAT:
   (I)  COLLECTS,  MAINTAINS,  USES,  PROCESSES, SELLS OR SHARES CONSUMER
 DATA IN SUPPORT OF ITS BUSINESS ACTIVITIES; AND
   (II) COLLECTS CONSUMER DATA, OTHER THAN CONSUMER CONTACT  INFORMATION,
 ON MORE THAN ONE MILLION INDIVIDUAL NEW YORK CONSUMERS IN A MONTH WITHIN
 THE CALENDAR YEAR.
   (B)  THE  WORD  "CONSUMER"  MEANS AN INDIVIDUAL WHO PURCHASES GOODS OR
 SERVICES FROM A COMMERCIAL DATA COLLECTOR OR  USES  THE  SERVICES  OF  A
 COMMERCIAL DATA COLLECTOR, WHETHER CHARGED FOR THOSE SERVICES OR NOT.
   (C)  THE  WORDS  "CONSUMER  CONTACT INFORMATION" MEAN (I) A CONSUMER'S
 EMAIL ADDRESS, TELEPHONE NUMBER, TELEFAX NUMBER, HOME  ADDRESS,  MAILING
 ADDRESS; AND (II) CREDIT CARD INFORMATION NECESSARY TO ENGAGE IN A SALES
 TRANSACTION.
   (D)  THE  WORDS  "CONSUMER DATA" MEAN ANY INFORMATION THAT IDENTIFIES,
 RELATES TO, DESCRIBES, IS CAPABLE OF BEING  ASSOCIATED  WITH,  OR  COULD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.