S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5243
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, OTIS, STECK, COLTON, HOOPER, ARROYO,
   STIRPE, GALEF, JOYNER, JENNE, ROSENTHAL, SEAWRIGHT --  Multi-Sponsored
   by  -- M. of A.  COOK, PEOPLES-STOKES, PERRY -- read once and referred
   to the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  the  personal
   information of a credit or debit card holder
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 520-a of the general business law,
 as amended by chapter 233 of the laws of 2007, is  amended  to  read  as
 follows:
   3. No person, firm, partnership or corporation which accepts credit or
 debit  cards for the transaction of business shall require the credit or
 debit card holder to write OR ELECTRONICALLY  ENTER  on  the  credit  or
 debit  card transaction form, nor shall it write [or], cause to be writ-
 ten, OR ELECTRONICALLY ENTERED on such form or on any attachment  there-
 to,  any  personal identification information, including but not limited
 to the credit or debit card  holder's  address  [or],  ZIP  CODE,  EMAIL
 ADDRESS  OR  telephone  [number]  NUMBERS, INCLUDING HOME, CELL AND WORK
 TELEPHONE NUMBERS, that is not required by  the  credit  or  debit  card
 issuer  to  complete  the  credit  or  debit card transaction; provided,
 however, that the credit or debit card holder's address,  ZIP  CODE  and
 telephone  number  may  be required [on such form or attachment thereto]
 where (i) such  information  is  necessary  for  shipping,  delivery  or
 installation  of  purchased merchandise or for special orders; [or] (ii)
 the person, firm, partnership or corporation processes credit  or  debit
 card  transactions by mailing transaction forms to a designated bankcard
 center for settlement; OR (III) SUCH INFORMATION IS USED SOLELY FOR  THE
 DETECTION,  INVESTIGATION OR PREVENTION OF FRAUD, THEFT, IDENTITY THEFT,
 CRIMINAL ACTIVITY OR ENFORCEMENT OF  TERMS  OF  SALE.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  PREVENT  A PERSON, FIRM OR CORPORATION WHICH ACCEPTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03566-01-7

 A. 5243                             2
 
 CREDIT CARDS OR DEBIT CARDS FROM REQUESTING THAT A CUSTOMER  VOLUNTARILY
 PROVIDE  PERSONAL  IDENTIFICATION  WHERE  THE USE OF SUCH INFORMATION IS
 DISCLOSED TO SUCH CONSUMER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.