NY State Senate Bill 2015-S1516

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2015	signed chap.3
Feb 20, 2015	delivered to governor
Feb 10, 2015	returned to senate passed assembly ordered to third reading rules cal.2 substituted for a868
Feb 02, 2015	referred to consumer affairs and protection delivered to assembly passed senate
Jan 21, 2015	ordered to third reading cal.21
Jan 13, 2015	referred to rules

Votes

- Feb 2, 2015 - Floor Vote
  S1516
  
  58
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 2, 2015
      
      aye (58)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      absent (1)
      
      Sampson
      
      excused (4)
      
      Breslin
      
      Larkin
      
      Montgomery
      
      O'Mara
  Jan 21, 2015 - Rules Committee Vote
  S1516
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 21, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      excused (1)
      
      Parker

2015-S1516 (ACTIVE) - Details

See Assembly Version of this Bill:: A868
Law Section:: General Business Law
Laws Affected:: Amd §§380-a & 380-u, Gen Bus L

2015-S1516 (ACTIVE) - Summary

Makes technical corrections to law relating to credit record freezes.

2015-S1516 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1516

TITLE OF BILL:  An act to amend the general business law, in relation
to credit record freezes

PURPOSE:

The purpose of this bill is to make technical, clarifying amendments
to Chapter 441 of the Laws of 2014, which originally established and
outlined the process of placing a credit freeze on a minor person's
credit report or file.

SUMMARY OF PROVISIONS:

Section one of the bill makes a technical correction to the definition
and applicability of the term "security freeze for a protected"
consumer. Section two makes a similar technical correction by
replacing "consumer" with "person" for the aforementioned term. In
addition, section two of the bill clarifies the tense of the word
"pay" in accordance with the rest of the sentence. Section three is
the effective date.

JUSTIFICATION:

Chapter 441 of the Laws of 2014 extended important consumer
protections already available to adults to minor children (i.e.,

persons under the age of 16). Under this new law, parents and/or
guardians of minors can place a security freeze on such minor child's
credit file or record in order to prevent identity theft.  Numerous
other states allow these protections for minor children, and New York
joined them with the enactment of Chapter 441 of the Laws of 2014.

This bill makes technical, clarifying amendments to Chapter 441 of the
Laws of 2014 in order to allow for a better comprehension and
understanding of the new law. Specifically, certain terms are made to
be consistent with other references to the same term within the law
and a verb tense is clarified.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the same date as chapter 441 of the laws
of 2014, takes effect.

2015-S1516 (ACTIVE) - Bill Text download pdf

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

                                  1516

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation to  credit  record
  freezes

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

  Section 1. Subdivision (r) of section 380-a of  the  general  business
law,  as added by chapter 441 of the laws of 2014, is amended to read as
follows:
  (r) The term "security freeze for a protected [person] CONSUMER" means
(1) if a consumer credit reporting agency does not have a file  pertain-
ing  to  a  protected consumer, a restriction that: (i) is placed on the
protected consumer's record in  accordance  with  [this]  section  THREE
HUNDRED EIGHTY-U OF THIS ARTICLE; and (ii) prohibits the consumer credit
reporting  agency  from releasing the protected consumer's record except
as provided in this section; or
  (2) if a consumer credit reporting agency has a file pertaining to the
protected consumer, a restriction that (i) is placed  on  the  protected
consumer's  consumer  credit report in accordance with this section; and
(ii) prohibits the consumer credit reporting agency from  releasing  the
protected  consumer's  consumer credit report or any information derived
from the protected consumer's consumer credit report except as  provided
in this section.
  S  2.  Subdivisions  (d),  (e) and (f) of section 380-u of the general
business law, as added by chapter 441 of the laws of 2014,  are  amended
to read as follows:
  (d)  Unless  a  security  freeze  for a protected [person] CONSUMER is
removed in accordance with this section,  a  consumer  credit  reporting
agency  may not release the protected consumer's consumer credit report,
any information derived from the protected consumer's  consumer  report,
or any record created for the protected consumer.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07413-01-5

S. 1516                             2

  (e)  A  security  freeze  for  a  protected consumer placed under this
section shall remain in effect until:
  (1)  The protected consumer or the protected consumer's representative
requests the consumer credit reporting agency  to  remove  the  security
freeze  for a protected [person] CONSUMER in accordance with subdivision
(f) of this section; or
  (2) The security freeze is removed in accordance with subdivision  (i)
of this section.
  (f)  If  a protected consumer or a protected consumer's representative
wishes to remove a security  freeze  for  the  protected  consumer,  the
protected consumer or the protected consumer's representative shall:
  (1)  Submit  a  request  for the removal of the security freeze to the
consumer credit reporting agency  at  the  address  or  other  point  of
contact  and  in  the  manner specified by the consumer credit reporting
agency;
  (2) Provide to the consumer credit reporting agency: (i) in  the  case
of  a  request  by the protected consumer: (A) proof that the sufficient
proof of authority for the protected consumer's representative to act on
behalf of the  protected  consumer  is  no  longer  valid  or  that  the
protected  consumer  has attained the age of sixteen; and (B) sufficient
proof of identification of the protected consumer; or (ii) in  the  case
of  a request by the representative of a protected consumer:  (A) suffi-
cient proof of identification of the protected consumer and  the  repre-
sentative; and (B) sufficient proof of authority to act on behalf of the
protected consumer; and (C) [pay] PAYMENT to the consumer credit report-
ing  agency  OF  a  fee,  if any, as provided in subdivision (h) of this
section.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2015.

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Senate Bill S1516

Sponsored By

Archive: Last Bill Status - Signed by Governor

Feb 2, 2015 - Floor Vote

Floor Vote: Feb 2, 2015

Jan 21, 2015 - Rules Committee Vote

Rules Committee Vote: Jan 21, 2015

2015-S1516 (ACTIVE) - Details

2015-S1516 (ACTIVE) - Summary

2015-S1516 (ACTIVE) - Sponsor Memo

2015-S1516 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1516

Share this bill

Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - Signed by Governor

2015-S1516 (ACTIVE) - Details

2015-S1516 (ACTIVE) - Summary

2015-S1516 (ACTIVE) - Sponsor Memo

2015-S1516 (ACTIVE) - Bill Text download pdf

Comments