Bill Text: NY A03720 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general business law, in relation to prohibiting the release of employee information by third party payroll processors

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A03720 Detail]

Download: New_York-2009-A03720-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3720
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
         tee on Judiciary
       AN ACT to amend the general business law, in relation to prohibiting the
         release of employee information by third party payroll processors
         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-i to read as follows:
    3    S  399-I. RELEASE OF EMPLOYEE INFORMATION; PROHIBITED. 1. FOR PURPOSES
    4  OF THIS SECTION:
    5    A. "THIRD PARTY PAYROLL PROCESSOR" SHALL MEAN A COMPANY  HIRED  BY  AN
    6  EMPLOYER TO PREPARE AND/OR PROCESS ITS PAYROLL, TAXES RELATED TO PAYROLL
    7  OR EMPLOYEE BENEFITS.
    8    B.  "EMPLOYEE  INFORMATION" SHALL MEAN INFORMATION PROVIDED TO A THIRD
    9  PARTY PAYROLL PROCESSOR BY AN EMPLOYER FOR THE PURPOSE OF  PREPARING  OR
   10  PROCESSING THAT EMPLOYER'S PAYROLL, TAXES RELATED TO PAYROLL OR EMPLOYEE
   11  BENEFITS.
   12    2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO THIRD PARTY PAYROLL
   13  PROCESSOR SHALL BE REQUIRED TO DISCLOSE ANY EMPLOYEE INFORMATION.
   14    3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY GRAND JURY OR
   15  ANY AGENCY OF THE LEGISLATURE OR EXECUTIVE BRANCH  OF  GOVERNMENT  WHICH
   16  REQUIRES THE RECORDS DESCRIBED IN PARAGRAPH A OF SUBDIVISION ONE OF THIS
   17  SECTION IN FURTHERANCE OF OFFICIAL DUTIES.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06852-01-9