NY State Assembly Bill 2009-A9532

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	referred to rules delivered to senate passed assembly ordered to third reading rules cal.182 rules report cal.182 reported
Jun 14, 2010	reported referred to rules
Jun 04, 2010	print number 9532b
Jun 04, 2010	amend and recommit to codes
May 25, 2010	print number 9532a
May 25, 2010	amend and recommit to codes reported referred to codes
Jan 12, 2010	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

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2009-A9532 - Details

See Senate Version of this Bill:: S1696
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §394-f, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: A846, A8992, S3002

2009-A9532 - Summary

Tracks federal privacy act of 1974 with respect to the obligation of a person to disclose their social security number to another person, partnership, association or corporation; provides where there is no legal basis for request that a person may refuse to provide his or her social security number; provides for enforcement by attorney general.

2009-A9532 - Sponsor Memo

                                BILL NUMBER:A9532

TITLE OF BILL:  An act to amend the general business law, in relation to
the disclosure of social security numbers

Purpose  Or  General  Idea  Of  Bill:    The  purpose of this bill is to
restrict the dissemination and collection of Social Security numbers  in
order to increase consumer privacy and prevent identity theft.

Summary Of Specific Provisions: This bill would:

>require  all  entities  that  request  an  individual's Social Security
number to inform such individual if such disclosure  is  required  under
federal or state law or regulation;

>require  such entities to disclose to the individual how such number is
intended to be used;

>prohibit such entities from requiring an individual to disclose his  or
her Social Security number, or to refuse any service, privilege or right
based  on  an  individual's refusal to disclose such number, unless such
disclosure is required under federal or state law or regulation; and

>authorize the Attorney General's  office  to  enforce  its  provisions,
provide  for  a  civil penalty of not more than five hundred dollars per
violation and authorize a private right of action for consumers.

Justification:  The Federal Trade Commission, the Social Security Admin-
istration, the General Accounting Office and other acknowledge that  the
widespread  public  exposure  of personal information, especially Social
Security account numbers, plays a significant role  in  identity  theft.
Despite  heightened  awareness  of  this risk, some entities continue to
demand that individuals  furnish  a  Social  Security  Number  (SSN)  in
circumstances  when  the  use  of  the SSN is neither required by law or
necessary. Consumers are often given the impression that they must remit
their SSN. In some instances, the disclosure of one's SSN has been  made
a condition for obtaining services.

The  federal  Privacy  Act  of  1974  requires  federal, state and local
governmental agencies requesting SSNs to cite its formal legal  authori-
ty,  reveal whether disclosure is mandatory or voluntary and explain how
the number will be used.  Enactment  of  this  bill  would  extend  this
protection to the private sector.

Prior Legislative History:  A.235 of 2009, A.334 of 2008, A.638 of 2006,
A.532 of 2004, A.722 of 2002, A.700 of 2000.

Fiscal Implications For State And Local Governments:  None.

Effective Date:  120 days after enactment.

2009-A9532 - Bill Text download pdf

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

                                  9532

                          I N  A S S E M B L Y

                            January 12, 2010
                               ___________

Introduced  by M. of A. PHEFFER, NOLAN, GLICK, GUNTHER, MILLMAN, REILLY,
  DelMONTE, GABRYSZAK, CHRISTENSEN, FIELDS, ORTIZ -- Multi-Sponsored  by
  --  M.  of  A.  COLTON,  DESTITO,  LIFTON,  MAGEE, ROSENTHAL, SWEENEY,
  THIELE, WEISENBERG -- read once  and  referred  to  the  Committee  on
  Consumer Affairs and Protection

AN  ACT to amend the general business law, in relation to the disclosure
  of social security numbers

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

  Section 1. The general business law is amended by adding a new section
394-f to read as follows:
  S  394-F. DISCLOSURE OF SOCIAL SECURITY NUMBER. 1. EVERY PERSON, FIRM,
PARTNERSHIP, ASSOCIATION OR CORPORATION WHICH REQUESTS AN INDIVIDUAL  TO
RELEASE,  DISCLOSE  OR  FURNISH  HIS OR HER SOCIAL SECURITY NUMBER SHALL
INFORM SUCH INDIVIDUAL, IN WRITING, OR ORALLY WHERE THE REQUEST IS  MADE
ORALLY, WHETHER FEDERAL OR STATE LAW OR REGULATION AUTHORIZES THE SOLIC-
ITATION OF THE SOCIAL SECURITY NUMBER, WHETHER DISCLOSURE OF SUCH NUMBER
IS  MANDATORY  OR  VOLUNTARY  AND  THE PRINCIPAL PURPOSE OR PURPOSES FOR
WHICH SUCH INFORMATION IS INTENDED TO BE USED.
  2. NO PERSON, FIRM,  PARTNERSHIP,  ASSOCIATION  OR  CORPORATION  SHALL
REQUIRE  AN INDIVIDUAL TO DISCLOSE OR FURNISH HIS OR HER SOCIAL SECURITY
NUMBER, FOR ANY PURPOSE IN CONNECTION WITH ANY ACTIVITY,  OR  TO  REFUSE
ANY  SERVICE,  PRIVILEGE  OR  RIGHT  TO  AN  INDIVIDUAL WHOLLY OR PARTLY
BECAUSE SUCH INDIVIDUAL REFUSES TO  DISCLOSE  OR  FURNISH  SUCH  NUMBER,
UNLESS  THE DISCLOSURE OR FURNISHING OF SUCH NUMBER IS REQUIRED PURSUANT
TO FEDERAL OR STATE LAW OR REGULATION.
  3. WHENEVER THERE SHALL BE A VIOLATION OF  THIS  SECTION,  APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND

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

                                                           LBD02143-01-9

A. 9532                             2

RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  IN  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE  LAW AND RULES. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
OF SUBDIVISION ONE OF THIS SECTION HAS OCCURRED, THE COURT SHALL  IMPOSE
A  CIVIL  PENALTY  OF  NOT  MORE  THAN  FIVE HUNDRED DOLLARS. THE SECOND
OFFENSE AND ANY OFFENSE COMMITTED THEREAFTER SHALL BE  PUNISHABLE  BY  A
CIVIL  PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS. WHENEVER THE COURT
SHALL DETERMINE THAT A VIOLATION OF SUBDIVISION TWO OF THIS SECTION  HAS
OCCURRED,  THE  COURT  SHALL IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS.
  4. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF  THIS
SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAW-
FUL  ACT  OR PRACTICE, AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR
FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH  SUCH  ACTIONS.  THE  COURT
MAY,  IN  ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT
TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS,  IF
THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY VIOLATED THIS
SECTION. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A  PREVAILING
PLAINTIFF.
  5.  NO  PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL BE
DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION IF  SUCH  PERSON,
FIRM,  PARTNERSHIP, ASSOCIATION OR CORPORATION SHOWS, BY A PREPONDERANCE
OF THE EVIDENCE, THAT THE VIOLATION WAS  NOT  INTENTIONAL  AND  RESULTED
FROM  A  BONA  FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF PROCE-
DURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

co-Sponsors

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multi-Sponsors

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2009-A9532A - Details

See Senate Version of this Bill:: S1696
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §394-f, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: A846, A8992, S3002

2009-A9532A - Summary

2009-A9532A - Bill Text download pdf

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

                                 9532--A

                          I N  A S S E M B L Y

                            January 12, 2010
                               ___________

Introduced  by M. of A. PHEFFER, NOLAN, GLICK, GUNTHER, MILLMAN, REILLY,
  DelMONTE, GABRYSZAK, CHRISTENSEN, FIELDS, ORTIZ, DINOWITZ,  MAYERSOHN,
  GALEF,  MAISEL -- Multi-Sponsored by -- M. of A. CASTRO, COLTON, COOK,
  DESTITO, ENGLEBRIGHT, ESPAILLAT, HYER-SPENCER,  KOON,  LIFTON,  MAGEE,
  MARKEY,  M. MILLER,  ROSENTHAL,  SCHIMEL,  SKARTADOS, SWEENEY, THIELE,
  TOWNS, WEISENBERG -- read  once  and  referred  to  the  Committee  on
  Consumer  Affairs  and  Protection  --  reported  and  referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the general business law, in relation to the disclosure
  of social security numbers

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

  Section 1. The general business law is amended by adding a new section
399-ddd to read as follows:
  S  399-DDD.  DISCLOSURE OF SOCIAL SECURITY NUMBER. 1.  AS USED IN THIS
SECTION, "SOCIAL SECURITY  ACCOUNT  NUMBER"  SHALL  INCLUDE  THE  NUMBER
ISSUED  BY  THE  FEDERAL  SOCIAL  SECURITY ADMINISTRATION AND ANY NUMBER
DERIVED FROM SUCH NUMBER.  SUCH TERM SHALL NOT INCLUDE ANY  NUMBER  THAT
HAS BEEN ENCRYPTED.
  2.  NO  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION  OR CORPORATION, NOT
INCLUDING THE STATE OR ITS  POLITICAL  SUBDIVISIONS,  SHALL  REQUIRE  AN
INDIVIDUAL  TO  DISCLOSE  OR  FURNISH HIS OR HER SOCIAL SECURITY ACCOUNT
NUMBER, FOR ANY PURPOSE IN CONNECTION WITH ANY ACTIVITY,  OR  TO  REFUSE
ANY  SERVICE,  PRIVILEGE  OR  RIGHT  TO  AN  INDIVIDUAL WHOLLY OR PARTLY
BECAUSE SUCH INDIVIDUAL REFUSES TO  DISCLOSE  OR  FURNISH  SUCH  NUMBER,
UNLESS  ONE  OF  THE  EXCEPTIONS ENUMERATED IN SUBDIVISION THREE OF THIS
SECTION APPLIES.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  IN  THE  FOLLOWING
INSTANCES:
  (A)  THE  INDIVIDUAL  CONSENTS TO THE ACQUISITION OR USE OF HIS OR HER
SOCIAL SECURITY ACCOUNT NUMBER.
  (B) THE SOCIAL SECURITY ACCOUNT NUMBER IS EXPRESSLY REQUIRED BY FEDER-
AL, STATE, OR LOCAL LAW OR REGULATION.

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

                                                           LBD02143-10-0

A. 9532--A                          2

  (C) THE SOCIAL SECURITY ACCOUNT NUMBER IS  TO  BE  USED  FOR  INTERNAL
VERIFICATION OR FRAUD INVESTIGATION.
  (D)  THE SOCIAL SECURITY ACCOUNT NUMBER IS TO BE USED FOR ANY BUSINESS
FUNCTION PERMITTED OR ALLOWED UNDER THE GRAMM  LEACH  BLILEY  ACT,  P.L.
106-102 (1999).
  (E) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
A  REQUEST  FOR CREDIT OR A CREDIT TRANSACTION INITIATED BY THE CONSUMER
OR IN CONNECTION WITH A LAWFUL REQUEST FOR A CONSUMER REPORT OR INVESTI-
GATIVE CONSUMER REPORT, AS SUCH  TERMS  ARE  DEFINED  IN  SECTION  THREE
HUNDRED EIGHTY-A OF THIS CHAPTER.
  (F) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
A DEPOSIT ACCOUNT OR AN INVESTMENT.
  (G)  THE  SOCIAL  SECURITY ACCOUNT NUMBER IS REQUESTED FOR PURPOSES OF
EMPLOYMENT, INCLUDING IN THE COURSE OF THE ADMINISTRATION  OF  A  CLAIM,
BENEFIT,  OR  PROCEDURE  RELATED  TO  THE INDIVIDUAL'S EMPLOYMENT BY THE
PERSON, INCLUDING THE INDIVIDUAL'S TERMINATION FROM EMPLOYMENT,  RETIRE-
MENT  FROM  EMPLOYMENT, INJURY SUFFERED DURING THE COURSE OF EMPLOYMENT,
OR TO CHECK ON AN UNEMPLOYMENT INSURANCE CLAIM OF THE INDIVIDUAL.
  (H) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED  FOR  PURPOSES  OF
TAX COMPLIANCE.
  (I)  THE  SOCIAL  SECURITY ACCOUNT NUMBER IS REQUESTED FOR THE PURPOSE
OF:
  I. THE COLLECTION OF CHILD OR SPOUSAL SUPPORT;
  II. DETERMINING WHETHER AN INDIVIDUAL HAS A CRIMINAL RECORD; OR
  III. BLOOD OR ORGAN DONATION.
  (J) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
ANY INTERACTION WITH A GOVERNMENTAL LAW ENFORCEMENT AGENCY OR IS USED IN
CONJUNCTION WITH THE ENFORCEMENT OF A JUDGMENT OF A COURT  OF  COMPETENT
JURISDICTION BY A SHERIFF OR MARSHAL.
  (K) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED FOR THE PURPOSE OF
VERIFYING  AN  INDIVIDUAL'S IDENTITY OR AGE IN ORDER TO ALLOW SUCH INDI-
VIDUAL TO OBTAIN ACCESS TO, OR ENROLL IN, A MARKETING  PROGRAM  THAT  IS
RESTRICTED TO INDIVIDUALS OF A CERTAIN AGE.
  (L)  I. THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED BY AN INDIVID-
UAL, FIRM, CORPORATION, OR OTHER ENTITY DOING  BUSINESS  PURSUANT  TO  A
FRANCHISE  ISSUED  BY A POLITICAL SUBDIVISION OF THE STATE OR A LICENSE,
FRANCHISE, CERTIFICATE OR OTHER AUTHORIZATION ISSUED  BY  THE  NEW  YORK
STATE PUBLIC SERVICE COMMISSION.
  II.  THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED BY AN INDIVIDUAL,
FIRM, CORPORATION, OR OTHER ENTITY  REGULATED  BY  THE  NEW  YORK  STATE
PUBLIC SERVICE COMMISSION, THE FEDERAL COMMUNICATIONS COMMISSION, OR THE
FEDERAL ENERGY REGULATORY COMMISSION.
  4.  WHENEVER  THERE  SHALL BE A VIOLATION OF THIS SECTION, APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  IN  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY

A. 9532--A                          3

GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE  LAW AND RULES. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
OF  SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT SHALL IMPOSE
A CIVIL PENALTY OF NOT  MORE  THAN  FIVE  HUNDRED  DOLLARS.  THE  SECOND
OFFENSE  AND  ANY  OFFENSE COMMITTED THEREAFTER SHALL BE PUNISHABLE BY A
CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS.
  5. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF  THIS
SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAW-
FUL  ACT  OR PRACTICE, AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR
FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH  SUCH  ACTIONS.  THE  COURT
MAY,  IN  ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT
TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS,  IF
THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY VIOLATED THIS
SECTION. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A  PREVAILING
PLAINTIFF.
  6.  NO  PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL BE
DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION IF  SUCH  PERSON,
FIRM,  PARTNERSHIP, ASSOCIATION OR CORPORATION SHOWS, BY A PREPONDERANCE
OF THE EVIDENCE, THAT THE VIOLATION WAS  NOT  INTENTIONAL  AND  RESULTED
FROM  A  BONA  FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF PROCE-
DURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A9532B (ACTIVE) - Details

See Senate Version of this Bill:: S1696
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §394-f, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: A846, A8992, S3002

2009-A9532B (ACTIVE) - Summary

2009-A9532B (ACTIVE) - Bill Text download pdf

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

                                 9532--B

                          I N  A S S E M B L Y

                            January 12, 2010
                               ___________

Introduced  by M. of A. PHEFFER, NOLAN, GLICK, GUNTHER, MILLMAN, REILLY,
  DelMONTE, GABRYSZAK, CHRISTENSEN, FIELDS, ORTIZ, DINOWITZ,  MAYERSOHN,
  GALEF,  MAISEL -- Multi-Sponsored by -- M. of A. CASTRO, COLTON, COOK,
  DESTITO, ENGLEBRIGHT, ESPAILLAT, HYER-SPENCER,  KOON,  LIFTON,  MAGEE,
  MARKEY,  M. MILLER,  ROSENTHAL,  SCHIMEL,  SKARTADOS, SWEENEY, THIELE,
  TOWNS, WEISENBERG -- read  once  and  referred  to  the  Committee  on
  Consumer  Affairs  and  Protection  --  reported  and  referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the general business law, in relation to the disclosure
  of social security numbers

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

  Section 1. The general business law is amended by adding a new section
399-ddd to read as follows:
  S  399-DDD.  DISCLOSURE OF SOCIAL SECURITY NUMBER. 1.  AS USED IN THIS
SECTION, "SOCIAL SECURITY  ACCOUNT  NUMBER"  SHALL  INCLUDE  THE  NUMBER
ISSUED  BY  THE  FEDERAL  SOCIAL  SECURITY ADMINISTRATION AND ANY NUMBER
DERIVED FROM SUCH NUMBER.  SUCH TERM SHALL NOT INCLUDE ANY  NUMBER  THAT
HAS BEEN ENCRYPTED.
  2.  NO  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION  OR CORPORATION, NOT
INCLUDING THE STATE OR ITS  POLITICAL  SUBDIVISIONS,  SHALL  REQUIRE  AN
INDIVIDUAL  TO  DISCLOSE  OR  FURNISH HIS OR HER SOCIAL SECURITY ACCOUNT
NUMBER, FOR ANY PURPOSE IN CONNECTION WITH ANY ACTIVITY,  OR  TO  REFUSE
ANY  SERVICE,  PRIVILEGE  OR  RIGHT  TO  AN  INDIVIDUAL WHOLLY OR PARTLY
BECAUSE SUCH INDIVIDUAL REFUSES TO  DISCLOSE  OR  FURNISH  SUCH  NUMBER,
UNLESS  ONE  OF  THE  EXCEPTIONS ENUMERATED IN SUBDIVISION THREE OF THIS
SECTION APPLIES.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  IN  THE  FOLLOWING
INSTANCES:
  (A)  THE  INDIVIDUAL  CONSENTS TO THE ACQUISITION OR USE OF HIS OR HER
SOCIAL SECURITY ACCOUNT NUMBER.

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

                                                           LBD02143-12-0

A. 9532--B                          2

  (B) THE SOCIAL SECURITY ACCOUNT NUMBER IS EXPRESSLY REQUIRED BY FEDER-
AL, STATE, OR LOCAL LAW OR REGULATION.
  (C)  THE  SOCIAL  SECURITY  ACCOUNT  NUMBER IS TO BE USED FOR INTERNAL
VERIFICATION OR FRAUD INVESTIGATION.
  (D) THE SOCIAL SECURITY ACCOUNT NUMBER IS TO BE USED FOR ANY  BUSINESS
FUNCTION  PERMITTED  OR  ALLOWED  UNDER THE GRAMM LEACH BLILEY ACT, P.L.
106-102 (1999).
  (E) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
A REQUEST FOR CREDIT OR A CREDIT TRANSACTION INITIATED BY  THE  CONSUMER
OR IN CONNECTION WITH A LAWFUL REQUEST FOR A CONSUMER REPORT OR INVESTI-
GATIVE  CONSUMER  REPORT,  AS  SUCH  TERMS  ARE DEFINED IN SECTION THREE
HUNDRED EIGHTY-A OF THIS CHAPTER.
  (F) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
A DEPOSIT ACCOUNT OR AN INVESTMENT.
  (G) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED  FOR  PURPOSES  OF
EMPLOYMENT,  INCLUDING  IN  THE COURSE OF THE ADMINISTRATION OF A CLAIM,
BENEFIT, OR PROCEDURE RELATED TO  THE  INDIVIDUAL'S  EMPLOYMENT  BY  THE
PERSON,  INCLUDING THE INDIVIDUAL'S TERMINATION FROM EMPLOYMENT, RETIRE-
MENT FROM EMPLOYMENT, INJURY SUFFERED DURING THE COURSE  OF  EMPLOYMENT,
OR TO CHECK ON AN UNEMPLOYMENT INSURANCE CLAIM OF THE INDIVIDUAL.
  (H)  THE  SOCIAL  SECURITY ACCOUNT NUMBER IS REQUESTED FOR PURPOSES OF
TAX COMPLIANCE.
  (I) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED  FOR  THE  PURPOSE
OF:
  I. THE COLLECTION OF CHILD OR SPOUSAL SUPPORT;
  II. DETERMINING WHETHER AN INDIVIDUAL HAS A CRIMINAL RECORD; OR
  III. BLOOD OR ORGAN DONATION.
  (J) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
ANY INTERACTION WITH A GOVERNMENTAL LAW ENFORCEMENT AGENCY OR IS USED IN
CONJUNCTION  WITH  THE ENFORCEMENT OF A JUDGMENT OF A COURT OF COMPETENT
JURISDICTION BY A SHERIFF OR MARSHAL.
  (K) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED FOR THE PURPOSE OF
VERIFYING AN INDIVIDUAL'S IDENTITY OR AGE IN ORDER TO ALLOW  SUCH  INDI-
VIDUAL  TO  OBTAIN  ACCESS TO, OR ENROLL IN, A MARKETING PROGRAM THAT IS
RESTRICTED TO INDIVIDUALS OF A CERTAIN AGE.
  (L) I. THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED BY AN  INDIVID-
UAL,  FIRM,  CORPORATION,  OR  OTHER ENTITY DOING BUSINESS PURSUANT TO A
FRANCHISE ISSUED BY A POLITICAL SUBDIVISION OF THE STATE OR  A  LICENSE,
FRANCHISE,  CERTIFICATE  OR  OTHER  AUTHORIZATION ISSUED BY THE NEW YORK
STATE PUBLIC SERVICE COMMISSION.
  II. THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED BY AN  INDIVIDUAL,
FIRM,  CORPORATION,  OR  OTHER  ENTITY  REGULATED  BY THE NEW YORK STATE
PUBLIC SERVICE COMMISSION, THE FEDERAL COMMUNICATIONS COMMISSION, OR THE
FEDERAL ENERGY REGULATORY COMMISSION.
  III. THE SOCIAL SECURITY ACCOUNT NUMBER  IS  REQUESTED  BY  A  BANKING
INSTITUTION,  AS DEFINED IN SECTION NINE-F OF THE BANKING LAW, OR ONE OF
ITS AFFILIATES.
  4. WHENEVER THERE SHALL BE A VIOLATION OF  THIS  SECTION,  APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY

A. 9532--B                          3

PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. IN CONNECTION WITH ANY SUCH  PROPOSED  APPLICATION,  THE  ATTORNEY
GENERAL  IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES. WHENEVER THE COURT SHALL DETERMINE THAT A  VIOLATION
OF  SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT SHALL IMPOSE
A CIVIL PENALTY OF NOT  MORE  THAN  FIVE  HUNDRED  DOLLARS.  THE  SECOND
OFFENSE  AND  ANY  OFFENSE COMMITTED THEREAFTER SHALL BE PUNISHABLE BY A
CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS.
  5. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF  THIS
SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAW-
FUL  ACT  OR PRACTICE, AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR
FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH  SUCH  ACTIONS.  THE  COURT
MAY,  IN  ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT
TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS,  IF
THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY VIOLATED THIS
SECTION. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A  PREVAILING
PLAINTIFF.
  6.  NO  PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL BE
DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION IF  SUCH  PERSON,
FIRM,  PARTNERSHIP, ASSOCIATION OR CORPORATION SHOWS, BY A PREPONDERANCE
OF THE EVIDENCE, THAT THE VIOLATION WAS  NOT  INTENTIONAL  AND  RESULTED
FROM  A  BONA  FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF PROCE-
DURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Assembly Bill A9532

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A9532 - Details

2009-A9532 - Summary

2009-A9532 - Sponsor Memo

2009-A9532 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A9532A - Details

2009-A9532A - Summary

2009-A9532A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A9532B (ACTIVE) - Details

2009-A9532B (ACTIVE) - Summary

2009-A9532B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9532

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Sponsored By

PHEFFER

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Catherine Nolan

Deborah Glick

Aileen Gunther

Joan Millman

multi-Sponsors

Nelson Castro

William Colton

Vivian Cook

RoAnn Destito

2009-A9532 - Details

2009-A9532 - Summary

2009-A9532 - Sponsor Memo

2009-A9532 - Bill Text download pdf

co-Sponsors

Catherine Nolan

Deborah Glick

Aileen Gunther

Joan Millman

multi-Sponsors

Nelson Castro

William Colton

Vivian Cook

RoAnn Destito

2009-A9532A - Details

2009-A9532A - Summary

2009-A9532A - Bill Text download pdf

co-Sponsors

Catherine Nolan

Deborah Glick

Aileen Gunther

Joan Millman

multi-Sponsors

Nelson Castro

William Colton

Vivian Cook

RoAnn Destito

2009-A9532B (ACTIVE) - Details

2009-A9532B (ACTIVE) - Summary

2009-A9532B (ACTIVE) - Bill Text download pdf

Comments