A06790 Summary:

BILL NO    A06790A

SAME AS    SAME AS S07202

SPONSOR    Braunstein

COSPNSR    Abinanti, Gunther, Mosley, Markey, Gottfried, Weprin, Montesano,
           Rosenthal, Millman, Colton, Jaffee, Cahill, O'Donnell,
           Peoples-Stokes, Roberts, Scarborough, Steck, Raia, Perry, Hooper,
           Moya, Skoufis, Simotas, Otis, Rodriguez

MLTSPNSR   Arroyo, Brennan, Clark, Cook, Crouch, Galef, Glick, Jacobs,
           McDonough, Schimel, Simanowitz, Stec, Titone, Weisenberg

Rel S380-u to be S380-v, add S380-u, Gen Bus L

Bans the sale of employment data reports without written consumer consent;
provides such employment data reports shall include, but not be limited to,
payroll and earnings information, hours worked, consumer history and health
insurance information.
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A06790 Actions:

BILL NO    A06790A

04/18/2013 referred to consumer affairs and protection
06/03/2013 reported referred to codes
06/12/2013 reported referred to rules
06/17/2013 reported 
06/17/2013 rules report cal.340
06/17/2013 ordered to third reading rules cal.340
06/20/2013 passed assembly
06/20/2013 delivered to senate
06/20/2013 REFERRED TO RULES
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.322
01/13/2014 amended on third reading (t) 6790a
03/03/2014 passed assembly
03/03/2014 delivered to senate
03/03/2014 REFERRED TO CONSUMER PROTECTION
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A06790 Votes:

A06790 06/20/2013 135/7
AbbateYColtonYGarbariYKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaNORobertsYStirpeY
ArroyoYCorwinYGiglioYKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajERKolbYMosleyYRodriguYTediscoY
BarclayYCrouchYGlickYLalorNOMoyaYRosaYTenneyNO
BarrettYCurranYGoldfedYLavineYNojayNORosenthYThieleY
BarronYCusickYGoodellYLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezYO'DonneYRyanYWalterY
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandABDiPietrNOHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieERMageeYPalmesaYScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindERMalliotYPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatNOJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanYMcKevitNORaiaYSolagesY
CerettoYGalefYKatzYMcLaughYRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

A06790A03/03/2014 120/13
AbbateYCookYGjonajYLalorNONojayNORosenthYTitoneY
AbinantYCorwinYGlickYLavineYNolanYRozicYTitusY
ArroyoYCrespoYGoldfedYLentolYOaksYRussellYWalterY
AubryYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteER
BarclayYCurranERGottfriYLopezYOrtizYSaladinYWeisenbER
BarrettYCusickYGrafNOLupardoYOtisYSantabaYWeprinY
BenedetYCymbrowYGuntherYLupinacYPalmesaYScarborYWrightY
BlankenYDavilaYHawleyNOMageeYPalumboYSchimelYZebrowsY
BorelliYDenDekkYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BoylandABDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrNOHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyYHikindYMayerYPichardYSimotasER
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouNOQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitNORaNOSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecY
ButlerYFitzpatNOKatzNOMillerYRamosERSteckY
CahillYFriendNOKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsYMontesaNORobertsYSweeneyY
CerettoYGanttERKellnerYMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguERTenneyNO
ColtonYGiglioYKolbYMoyaYRosaYThieleY

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A06790 Memo:

BILL NUMBER:A6790A

TITLE OF BILL:  An act to amend the general business law, in relation
to the sale and use of employment information

PURPOSE OR GENERAL IDEA OF BILL: Bans the sale of employment
information, including payroll and earnings information, hours worked,
consumer history and health insurance information.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Section 380-u of the
article is relettered section 380-v, and a new section 380-u is added.

Section 2: Section 380-u(a) is added to ban the sale of employment
information by consumer reporting agencies without written consumer
consent in a separate stand-alone document, This section also adds
what is included in employment information, such as payroll and
earning information, hours an employee has worked, consumer history
and health insurance information.

Section 380-u(b) requires that disclosure and consumer consent must be
given in a separate, stand-alone document, and the consent is limited
to the particular use or transaction for which the consent is given.

Section 380-u(c) charges the Attorney General with the enforcement of
this law. This section also includes a civil penalty of 2,000 dollars
for each violation of this statute to be imposed on the consumer
reporting agencies.

Section 380-u(d) allows for a private cause of action to be commenced
by any person injured by the violation of this section.

Section 3: Contains the effective date.

JUSTIFICATION: The "Work Number" provides employment data reports, and
is operated by TALX Corporation, which is owned by the credit
reporting agency Equifax. The "Work Number" permits companies to
outsource payroll and human resource functions and maintains
information on at least 30% of the U.S. working population.

According to an NBC News report, Equifax has been selling employment
reports, including detailed health insurance and payroll information,
to third parties, such as debt collectors and other financial services
corporations. This is an invasion of consumers' and employees'
privacy. Moreover, many employees are unaware of this sale of their
detailed payroll information to third parties. This legislation would
prohibit consumer reporting agencies from selling employment data
reports to third parties.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: This act shall take effect on the one hundred and
eightieth day after it shall have become a law.

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A06790 Text:

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

                                        6790--A
                                                               Cal. No. 322

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 18, 2013
                                      ___________

       Introduced  by  M.  of A. BRAUNSTEIN, ABINANTI, GUNTHER, MOSLEY, MARKEY,
         GOTTFRIED, WEPRIN,  MONTESANO,  ROSENTHAL,  MILLMAN,  COLTON,  JAFFEE,
         CAHILL,  O'DONNELL, PEOPLES-STOKES, ROBERTS, SCARBOROUGH, STECK, RAIA,
         PERRY, HOOPER, MOYA, SKOUFIS, SIMOTAS, OTIS, RODRIGUEZ --  Multi-Spon-
         sored  by  --  M.  of  A. ARROYO, BRENNAN, CLARK, COOK, CROUCH, GALEF,
         GLICK, JACOBS, McDONOUGH, SCHIMEL, SIMANOWITZ, STEC,  TITONE,  WEISEN-
         BERG  --  read  once and referred to the Committee on Consumer Affairs
         and Protection -- advanced to a third  reading,  amended  and  ordered
         reprinted, retaining its place on the order of third reading

       AN  ACT  to  amend the general business law, in relation to the sale and
         use of employment information

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

    1    Section  1.   Section 380-u of the general business law, as relettered
    2  by chapter 63 of the laws of 2006, is relettered section 380-v and a new
    3  section 380-u is added to read as follows:
    4    S 380-U. SALE AND USE OF EMPLOYMENT  INFORMATION.    (A)  NO  CONSUMER
    5  REPORTING  AGENCY  OR  ANY  SUBSIDIARY  THEREOF SHALL SELL OR RESELL, OR
    6  OFFER FOR SALE OR RESALE OR DISTRIBUTE  EMPLOYMENT  INFORMATION  TO  ANY
    7  PRINCIPAL  CREDITOR,  AS  THAT  TERM  IS DEFINED IN SUBDIVISION THREE OF
    8  SECTION SIX HUNDRED OF THIS CHAPTER, OR  OTHER  DEBT  COLLECTOR  WITHOUT
    9  VERIFYING  THAT  SUCH SALE, RESALE, OR DISTRIBUTION WAS DISCLOSED TO THE
   10  CONSUMER TO WHOM SUCH EMPLOYMENT INFORMATION  PERTAINS  WITHOUT  WRITTEN
   11  CONSUMER  CONSENT IN A SEPARATE STAND-ALONE DOCUMENT.  EMPLOYMENT INFOR-
   12  MATION SHALL INCLUDE, BUT NOT BE LIMITED TO, PAYROLL AND EARNINGS INFOR-
   13  MATION, HOURS WORKED, CONSUMER HISTORY AND HEALTH INSURANCE INFORMATION.
   14    (B) SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE GIVEN IN A SEPARATE,
   15  STAND-ALONE DOCUMENT AND CONSENT SHALL BE LIMITED TO THE PARTICULAR  USE
   16  OR TRANSACTION FOR WHICH CONSENT IS GIVEN.
   17    (C)  WHEREVER  THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICA-
   18  TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08805-10-3
       A. 6790--A                          2

    1  THE  STATE  OF  NEW  YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
    2  SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE
    3  DEFENDANT  OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTIN-
    4  UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
    5  THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
    6  SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
    7  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
    8  PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
    9  PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
   10  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
   11  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
   12  TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
   13  SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
   14  THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.  IN  CONNECTION  WITH  ANY
   15  SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE
   16  PROOF AND MAKE A DETERMINATION  OF  THE  RELEVANT  FACTS  AND  TO  ISSUE
   17  SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   18    (D) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
   19  PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
   20  ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
   21  TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
   22  ACTUAL DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
   23  SUCH  ACTIONS.  THE  COURT  MAY, IN ITS DISCRETION, AWARD THE PREVAILING
   24  PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND
   25  DOLLARS, IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED  THE
   26  PROVISIONS  OF  THIS  SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
   27  FEES TO A PREVAILING PLAINTIFF.
   28    S 2. This act shall take effect on the one hundred eightieth day after
   29  it shall have become a law.
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