New York State Assembly

 
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A03349 Summary:

A03349 Actions:

A03349 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Titus      
DATE:04/09/2019AYE/NAY:13/0  Action: Favorable refer to committee Codes        
Titus
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Glick
Aye
Lalor
Excused
Kim
Aye
Byrne
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye

Committee:CODES   Chair:Lentol      
DATE:04/30/2019AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Excused
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Excused
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A03349 Floor Votes:

A03349 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3349
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, ABINANTI -- read once and referred
          to the Committee on Governmental Operations
 
        AN ACT to amend the general business law, in relation to personal infor-
          mation restrictions for public records
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-jj to read as follows:
     3    § 399-jj. Personal information restrictions for public records.  1. No
     4  person  or  business  entity  shall  intentionally  create an instrument
     5  available for public inspection that is to be filed with or submitted to
     6  an agency containing  personal  identifying  information  of  any  other
     7  person,  unless  such other person is a dependent child or has consented
     8  to the inclusion of such personal identifying information, which is not:
     9    (a) relevant and necessary to accomplish the purpose of the filing; or
    10    (b) required by federal, state or local law, rule or regulation, or by
    11  court rule.
    12    For the purpose of this section, the printing or other reproduction of
    13  a document received by electronic or any other means does not constitute
    14  creation of the document.
    15    2. Any agency that receives instruments for filing  shall  post  in  a
    16  place or places, clearly visible to all persons, adjacent to or near the
    17  location where such agency has designated for the receipt of instruments
    18  for filing, a notice describing the prohibition contained in subdivision
    19  one  of  this section and subdivision six of section three hundred nine-
    20  ty-nine-ddd of this article.
    21    3. For purposes of this section the following terms shall mean:
    22    (a) "Agency" means any state or municipal department,  board,  bureau,
    23  division,  commission,  committee, public authority, public corporation,
    24  council, office or other governmental entity performing  a  governmental
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05843-01-9
        A. 3349                             2
 
     1  or  proprietary function for the state or any one or more municipalities
     2  thereof, except the judiciary or the state legislature;
     3    (b)  "Personal  identifying  information"  means  a  driver's  license
     4  number, mother's maiden name, consumer credit account  number  or  code,
     5  savings  account  number  or  code,  checking account number or code, or
     6  debit card number or code.
     7    4. Upon any violation of the provisions of this section,  an  applica-
     8  tion  may  be  made by the attorney general in the name of the people of
     9  the state of New York to a court or justice having jurisdiction to issue
    10  an injunction, and upon notice to the defendant of not  less  than  five
    11  days,  to  enjoin  and  restrain the continuance of the violation. If it
    12  shall appear to the satisfaction  of  the  court  or  justice  that  the
    13  defendant  has violated this section, an injunction may be issued by the
    14  court or justice, enjoining and restraining any further violation, with-
    15  out requiring proof that any  person  has,  in  fact,  been  injured  or
    16  damaged  thereby.  In any such proceeding, the court may make allowances
    17  to the attorney general as provided in paragraph six of subdivision  (a)
    18  of  section eight thousand three hundred three of the civil practice law
    19  and rules, and direct restitution. In  connection  with  an  application
    20  made  under  this  section,  the  attorney general is authorized to take
    21  proof and to make a determination of the relevant  facts  and  to  issue
    22  subpoenas  in  accordance  with  the  civil  practice law and rules. Any
    23  penalty or injunction for a violation of subdivision one of this section
    24  shall be assessed against the person or business entity that created the
    25  instrument. No person, business entity or agency shall be deemed to have
    26  violated the provisions of subdivision  one  of  this  section  if  such
    27  person,  business entity or agency had no involvement in the creation of
    28  the instrument, or created the instrument without the intention or know-
    29  ledge that the instrument was to be filed with an agency.
    30    § 2. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law.