Bill Text: NY S03164 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the unlawful use of a New York driver's license or identification card.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S03164 Detail]

Download: New_York-2023-S03164-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3164

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- 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  and  the  alcoholic  beverage
          control law, in relation to the unlawful use of a New York state driv-
          er's license or identification card

          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-rr to read as follows:
     3    § 399-rr. Unlawful use of a New York state driver's license  or  iden-
     4  tification card. 1. No person, business, firm, partnership, association,
     5  or  corporation,  not including the state or its political subdivisions,
     6  may scan the machine-readable zone of an  individual's  New  York  state
     7  driver's  license  or  identification  card  as  defined in section four
     8  hundred ninety of the vehicle and traffic law, except for the  following
     9  purposes:
    10    a.  to  verify  authenticity of the driver's license or identification
    11  card or to verify the identity of the individual if the individual  pays
    12  for goods or services with a method other than cash, returns an item, or
    13  requests a refund or exchange;
    14    b.  to verify the individual's age when providing age-restricted goods
    15  or services to the individual;
    16    c. to prevent fraud or  other  criminal  activity  if  the  individual
    17  returns  an  item  or  requests a refund or an exchange and the business
    18  uses a fraud prevention service company or system. Information collected
    19  by scanning an individual's  driver's  license  or  identification  card
    20  pursuant  to this subdivision shall be limited to the following informa-
    21  tion from the individual:
    22    (1) name;
    23    (2) address;
    24    (3) date of birth; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07811-01-3
        S. 3164                             2

     1    (4) driver's license number or identification card number;
     2    d.  to record, retain, or transmit information as required by state or
     3  federal law;
     4    e. to transmit information to a consumer reporting  agency,  financial
     5  institution,  or  debt  collector to be used as permitted by the federal
     6  Fair Credit Reporting Act, Gramm-Leach-Bliley  Act,  or  the  Fair  Debt
     7  Collection Practices Act; or
     8    f.  to  record,  retain,  or  transmit information by a covered entity
     9  governed by the medical privacy and security rules issued by the federal
    10  Department of Health and Human Services, Parts 160 and 164 of  the  Code
    11  of  Federal  Regulations,  established  pursuant to the Health Insurance
    12  Portability and Availability Act of 1996.
    13    2. No person, business,  firm,  partnership,  association,  or  corpo-
    14  ration,  not  including  the  state or its political subdivisions, shall
    15  retain any information obtained from scanning an individual's  New  York
    16  state  driver's  license  or identification card, except as permitted in
    17  subdivision one of this section.
    18    3. No person, business,  firm,  partnership,  association,  or  corpo-
    19  ration,  not  including  the  state or its political subdivisions, shall
    20  sell or disseminate to a third party any information obtained under this
    21  section for any purpose, including but not limited to, marketing, adver-
    22  tising, or promotional activities, except as  permitted  in  subdivision
    23  one of this section.
    24    4. A person, business, firm, partnership, association, or corporation,
    25  not  including  the  state  or its political subdivisions, covered under
    26  this section shall make reasonable efforts, through systems testing  and
    27  other means, to ensure that the requirements of this section are met.
    28    5.  Any  waiver  of  a provision of this section is contrary to public
    29  policy and is void and unenforceable.
    30    6. Each violation of this section  shall  be  punishable  by  a  civil
    31  penalty of not more than one thousand dollars.
    32    7. For the purposes of this section:
    33    a.  "Consumer  reporting agency" shall have the same meaning as in the
    34  federal Fair Credit Reporting Act, title 15 United States  Code  section
    35  1681a(f).
    36    b.  "Covered  entity"  shall  have the same meaning as in the security
    37  rules issued by the federal Department of  Health  and  Human  Services,
    38  Parts 160 and 164 of the Code of Federal Regulations, established pursu-
    39  ant to the Health Insurance Portability and Availability Act of 1996.
    40    c. "Debt collector" shall have the same meaning as in the federal Fair
    41  Debt  Collection  Practices  Act,  title  15  United States Code section
    42  1692a.
    43    d. "Financial institution" shall have  the  same  meaning  as  in  the
    44  federal  Gramm-Leach-Bliley  Act,  title  15  United States Code section
    45  6809.
    46    § 2. Subdivision 8 of section 65-b of the alcoholic  beverage  control
    47  law,  as added by chapter 519 of the laws of 1999, is amended to read as
    48  follows:
    49    8. A licensee or agent or employee of such licensee shall only use the
    50  information recorded and maintained through the use of such devices  for
    51  the  purposes  contained  in  paragraph (a) of subdivision seven of this
    52  section, and [shall only use such devices for the purposes contained  in
    53  subdivision  two  of this section. No licensee or agent or employee of a
    54  licensee shall resell or disseminate  the  information  recorded  during
    55  such  scan  to any third person. Such prohibited resale or dissemination
    56  includes, but is not limited to, any advertising,  marketing  or  promo-
        S. 3164                             3

     1  tional  activities.  Notwithstanding  the  restrictions  imposed by this
     2  subdivision, such records may be released pursuant to  a  court  ordered
     3  subpoena  or  pursuant to any other statute that specifically authorizes
     4  the  release  of  such  information.  Each violation of this subdivision
     5  shall be punishable by a civil penalty of not  more  than  one  thousand
     6  dollars]  in  accordance  with  and subject to the provisions of section
     7  three hundred ninety-nine-rr of the general business law.
     8    § 3. This act shall take effect immediately.