S T A T E O F N E W Y O R K
________________________________________________________________________
1139
2025-2026 Regular Sessions
I N S E N A T E
January 8, 2025
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Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Internet and Technology
AN ACT to amend the state technology law, in relation to requiring
governmental entities to implement multifactor authentication for
local and remote network access
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 202 of the state technology law is amended by
adding two new subdivisions 9 and 10 to read as follows:
9. "GOVERNMENTAL ENTITY" SHALL MEAN ANY STATE OR LOCAL DEPARTMENT,
BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, SCHOOL DISTRICT, PUBLIC
AUTHORITY, PUBLIC BENEFIT CORPORATION, COUNCIL OR OFFICE, INCLUDING ALL
ENTITIES DEFINED PURSUANT TO SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
SUCH TERM SHALL INCLUDE THE STATE UNIVERSITY OF NEW YORK AND THE CITY
UNIVERSITY OF NEW YORK. FURTHER, SUCH TERM SHALL INCLUDE ANY COUNTY,
CITY, TOWN OR VILLAGE BUT SHALL NOT INCLUDE THE JUDICIARY OR STATE AND
LOCAL LEGISLATURES.
10. "MULTIFACTOR AUTHENTICATION" SHALL MEAN USING TWO OR MORE DIFFER-
ENT TYPES OF IDENTIFICATION CREDENTIALS TO ACHIEVE AUTHENTICATION. THE
TYPES OF IDENTIFICATION CREDENTIALS SHALL INCLUDE:
(A) KNOWLEDGE-BASED CREDENTIALS, WHICH IS A KNOWLEDGE-BASED AUTHENTI-
CATION THAT REQUIRES THE USER TO PROVIDE INFORMATION THAT THEY KNOW SUCH
AS PASSWORDS OR PINS;
(B) POSSESSION-BASED CREDENTIALS, WHICH IS AUTHENTICATION THAT
REQUIRES INDIVIDUALS TO HAVE SOMETHING SPECIFIC IN THEIR POSSESSION,
SUCH AS SECURITY TOKENS, KEY FOBS, SIM CARDS OR SMARTPHONE APPLICATIONS;
AND
(C) BIOMETRIC INFORMATION, WHICH IS ANY MEASURABLE PHYSICAL, PHYSIO-
LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01038-01-5
S. 1139 2
ISTICS, AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS; HANDPRINTS; RETINA
AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
§ 2. The state technology law is amended by adding three new sections
210, 211, and 212 to read as follows:
§ 210. MULTIFACTOR AUTHENTICATION. 1. MULTIFACTOR AUTHENTICATION
REQUIREMENT. EVERY GOVERNMENTAL ENTITY SHALL, WHENEVER POSSIBLE AND
FEASABLE, CONSIDER IMPLEMENTING MULTIFACTOR AUTHENTICATION FOR LOCAL AND
REMOTE NETWORK ACCESS TO ANY EMAIL ACCOUNTS, CLOUD STORAGE ACCOUNTS, WEB
APPLICATIONS, NETWORKS, DATABASES, OR SERVERS, MAINTAINED BY SUCH ENTITY
OR ON BEHALF OF SUCH ENTITY, FOR THE EMPLOYEES AND OFFICERS OF SUCH
ENTITY OR FOR ANY OTHER INDIVIDUALS PROVIDING SERVICES TO OR ON BEHALF
OF SUCH ENTITY.
2. TECHNICAL STANDARD. THE OFFICE SHALL PROMULGATE RULES TO ESTABLISH
STANDARD TECHNICAL REQUIREMENTS FOR GOVERNMENTAL ENTITIES FOR COMPLYING
WITH SUBDIVISION ONE OF THIS SECTION. SUCH RULES SHALL INCLUDE REGU-
LATIONS ADDRESSING BIOMETRIC INFORMATION INCLUDING PROPER STORAGE OF
TRAITS RELATING TO USER-SPECIFIC BIOLOGICAL TRAITS. SUCH RULES SHALL
ADDITIONALLY INCLUDE PROVISIONS REGARDING COMPLIANCE FOR INDIVIDUALS
WITH DISABILITIES OR SPECIAL NEEDS. FOR THE PURPOSES OF THIS SUBDIVI-
SION, THE OFFICE MAY USE AND REFER TO THE GUIDELINES PROVIDED BY THE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, THE FEDERAL RISK AND
AUTHORIZATION MANAGEMENT PROGRAM (FEDRAMP), THE FEDERAL INFORMATION
SECURITY MANAGEMENT ACT OF 2002 (FISMA) AND THE DEFENSE FEDERAL ACQUISI-
TION REGULATION SUPPLEMENT (DFARS).
3. WAIVERS. THE OFFICE, UPON APPLICATION BY A GOVERNMENTAL ENTITY, MAY
COMPLETELY OR PARTIALLY WAIVE THE REQUIREMENTS OF THIS SECTION FOR SUCH
GOVERNMENTAL ENTITY. SUCH WAIVER SHALL BE VALID FOR NO LONGER THAN TWO
YEARS AND SHALL BE REAPPROVED AFTER EXPIRATION. THE OFFICE SHALL PROMUL-
GATE RULES TO ESTABLISH THE APPLICATION PROCESS AND CRITERIA FOR SUCH
WAIVERS.
§ 211. PRIVACY REQUIREMENTS. THIS SECTION SHALL APPLY TO THE USE OF
MULTIFACTOR AUTHENTICATION AT GOVERNMENTAL ENTITIES AND TO ANY VENDORS
AND/OR THIRD-PARTY CONTRACTORS ADMINISTERING THE MULTIFACTOR AUTHENTICA-
TION ON BEHALF OF THE GOVERNMENTAL ENTITY.
1. NO GOVERNMENTAL ENTITY SHALL REQUIRE THE USE OF BIOMETRIC INFORMA-
TION TO ACCESS LOCAL AND/OR REMOTE NETWORK ACCESS.
2. NO GOVERNMENTAL ENTITY THAT FACILITATES THE USE OF BIOMETRIC INFOR-
MATION TO ACCESS LOCAL AND REMOTE NETWORK ACCESS SHALL SELL OR MONETIZE
SUCH DATA.
3. NO GOVERNMENTAL ENTITY THAT FACILITATES THE USE OF BIOMETRIC INFOR-
MATION TO ACCESS LOCAL AND REMOTE NETWORK ACCESS SHALL SHARE SUCH DATA
WITH LAW ENFORCEMENT WITHOUT A WARRANT.
4. ANY GOVERNMENTAL ENTITY AND ANY APPLICABLE THIRD-PARTY CONTRACTORS
THAT FACILITATE THE USE OF BIOMETRIC INFORMATION SHALL AGREE TO COMPLY
WITH THE STANDARDS ESTABLISHED BY THE OFFICE AND ALL STATUTORY PRIVACY
STANDARDS.
§ 212. PUBLIC WEBSITE ENCRYPTION. EVERY WEBSITE MAINTAINED BY OR ON
BEHALF OF A GOVERNMENTAL ENTITY SHALL ENCRYPT ALL EXCHANGES AND TRANS-
FERS BETWEEN A WEB SERVER, MAINTAINED BY OR ON BEHALF OF A GOVERNMENTAL
ENTITY, AND A WEB BROWSER OF HYPERTEXT OR OF ELECTRONIC INFORMATION, AND
REQUIRE WEB BROWSERS TO REQUEST SUCH ENCRYPTED EXCHANGE OR TRANSFER AT
ALL TIMES FOR SUCH WEBSITES, PROVIDED THAT SUCH ENCRYPTION SHALL NOT BE
REQUIRED IF SUCH EXCHANGES OR TRANSFERS ARE CONDUCTED IN A MANNER THAT
PROVIDES AT LEAST AN EQUIVALENT LEVEL OF CONFIDENTIALITY, DATA INTEGRITY
AND AUTHENTICATION.
S. 1139 3
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment, and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
Why is this exemption in place in the language of this bill: "...shall not include the judiciary or state and local legislatures"?