senate Bill S4959

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 Senate Committee Budget And Revenue 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
Feb 19, 2021 committee discharged and committed to budget and revenue
referred to investigations and government operations

S4959 (ACTIVE) - Details

See Assembly Version of this Bill:
A6199
Current Committee:
Senate Budget And Revenue
Law Section:
Tax Law
Laws Affected:
Add §186-h, Tax L

S4959 (ACTIVE) - Summary

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

S4959 (ACTIVE) - Sponsor Memo

S4959 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4959
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09016-06-1

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