S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2601

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   February 25, 2009
                                      ___________

       Introduced by Sens. FLANAGAN, MAZIARZ, MORAHAN, VOLKER -- read twice and
         ordered  printed, and when printed to be committed to the Committee on
         Local Government

       AN ACT to amend the county law, the real property  law,  and  the  civil
         practice  law  and rules, in relation to a standardized cover page fee
         to be charged by county clerks and prohibiting a county clerk's office
         from accepting any document which includes unnecessary personal  iden-
         tification information

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  The county law is amended by adding a new section 528-a to
    2  read as follows:
    3    S 528-A. DOCUMENTS WITH PERSONAL IDENTIFYING  INFORMATION.    NOTWITH-
    4  STANDING  ANY  OTHER PROVISION OF LAW, A COUNTY CLERK'S OFFICE SHALL NOT
    5  RECORD OR ACCEPT FOR RECORDING ANY DOCUMENT THAT INCLUDES PERSONAL IDEN-
    6  TIFYING INFORMATION OF ANY PERSON WHICH IS  NOT  REQUIRED  BY  STATE  OR
    7  FEDERAL  LAW.  IT IS HOWEVER THE RESPONSIBILITY OF THE PERSON FILING THE
    8  DOCUMENT TO OMIT PERSONAL IDENTIFYING INFORMATION WHICH IS NOT  REQUIRED
    9  BY STATE OR FEDERAL LAW.
   10    S  2.  Section 333 of the real property law is amended by adding a new
   11  subdivision 1-g to read as follows:
   12    1-G. AFTER SEPTEMBER FIRST, TWO  THOUSAND  NINE  A  RECORDING  OFFICER
   13  SHALL NOT RECORD OR ACCEPT FOR RECORDING ANY CONVEYANCE WHICH CONTAINS A
   14  DRIVER'S  LICENSE  NUMBER,  CREDIT  CARD  ACCOUNT  NUMBER,  BANK ACCOUNT
   15  NUMBER, A COMPLETE DATE OF BIRTH, OR MORE THAN FOUR DIGITS OF A PERSON'S
   16  SOCIAL SECURITY NUMBER.
   17    S 3. The civil practice law and rules  is  amended  by  adding  a  new
   18  section 8021-a to read as follows:
   19    S  8021-A.  COVER  PAGE  FEES OF COUNTY CLERKS.   (A) AMOUNT OF FEE. A
   20  COUNTY CLERK IS ENTITLED, FOR ANY DOCUMENT SUBMITTED FOR RECORDING  THAT

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06544-01-9
       S. 2601                             2

    1  REQUIRES  A  COVER PAGE, TO A NON-REFUNDABLE FEE OF TEN DOLLARS, PAYABLE
    2  IN ADVANCE.
    3    (B) EXEMPTION FROM COVER PAGE FEE. NO FEE SHALL BE CHARGED FOR A COVER
    4  PAGE  IN  ANY COUNTY CLERK'S OFFICE WHERE SUCH COVER PAGE IS NOT AUTHOR-
    5  IZED OR REQUIRED.
    6    (C) ERIE COUNTY. SUBDIVISION (A) OF THIS SECTION SHALL  NOT  APPLY  TO
    7  THE COUNTY OF ERIE, WHERE THE COUNTY CLERK IS ENTITLED, FOR ANY DOCUMENT
    8  SUBMITTED  FOR RECORDING THAT REQUIRES A COVER PAGE, TO A NON-REFUNDABLE
    9  FEE OF FIFTEEN DOLLARS, PAYABLE IN ADVANCE.
   10    S 4. This act shall  take  effect  on  the  first  of  September  next
   11  succeeding the date on which it shall have become a law.