S T A T E   O F   N E W   Y O R K
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                                  6796

                            I N  S E N A T E

                            February 23, 2016
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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:

  Section 1.  Section 380-v of the general business law,  as  relettered
by  chapter  441  of the laws of 2014, is relettered section 380-w and a
new section 380-v is added to read as follows:
  S 380-V. SALE AND USE OF EMPLOYMENT  INFORMATION.    (A)  NO  CONSUMER
REPORTING  AGENCY  OR  ANY  SUBSIDIARY  THEREOF SHALL SELL OR RESELL, OR
OFFER FOR SALE OR RESALE OR DISTRIBUTE  EMPLOYMENT  INFORMATION  TO  ANY
PRINCIPAL  CREDITOR,  AS  THAT  TERM  IS DEFINED IN SUBDIVISION THREE OF
SECTION SIX HUNDRED OF THIS CHAPTER, OR  OTHER  DEBT  COLLECTOR  WITHOUT
VERIFYING  THAT  SUCH SALE, RESALE, OR DISTRIBUTION WAS DISCLOSED TO THE
CONSUMER TO WHOM SUCH EMPLOYMENT  INFORMATION  PERTAINS  IN  A  SEPARATE
STAND-ALONE  DOCUMENT.  EMPLOYMENT INFORMATION SHALL INCLUDE, BUT NOT BE
LIMITED TO, PAYROLL AND EARNINGS  INFORMATION,  HOURS  WORKED,  CONSUMER
HISTORY AND HEALTH INSURANCE INFORMATION.
  (B) SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE GIVEN IN A SEPARATE,
STAND-ALONE  DOCUMENT AND CONSENT SHALL BE LIMITED TO THE PARTICULAR USE
OR TRANSACTION FOR WHICH CONSENT IS GIVEN.
  (C) WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION,  AN  APPLICA-
TION  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 OR RESTRAIN THE  CONTIN-
UANCE  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

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

                                                           LBD02323-05-6

S. 6796                             2

HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN  TWO  THOUSAND  DOLLARS  FOR EACH VIOLATION. 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 PRACTICE LAW AND RULES.
  (D) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, 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 UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES AND ONE THOUSAND DOLLARS, OR BOTH SUCH ACTIONS. THE COURT
MAY, IN ITS DISCRETION, AWARD THE PREVAILING PLAINTIFF IN SUCH ACTION AN
ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND DOLLARS, IF THE COURT FINDS
THE  DEFENDANT  WILLFULLY  VIOLATED  THE PROVISIONS OF THIS SECTION. THE
COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.