New York S 10418: Relates to the unlawful use of a New York driver's license or identification card

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          10418
                    IN SENATE
                                      May 15, 2026
                                       ___________
        Introduced  by Sen. GONZALEZ -- 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-ss to read as follows:
     3    § 399-ss. 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
    25    (4) driver's license number or identification card number;
    26    d. to record, retain, or transmit information as required by state  or
    27  federal law;
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD07726-01-5

        S. 10418                            2
     1    e.  to  transmit information to a consumer reporting agency, financial
     2  institution, or debt collector to be used as permitted  by  the  federal
     3  Fair  Credit  Reporting  Act,  Gramm-Leach-Bliley  Act, or the Fair Debt
     4  Collection Practices Act; or
     5    f.  to  record,  retain,  or  transmit information by a covered entity
     6  governed by the medical privacy and security rules issued by the federal
     7  Department of Health and Human Services, Parts 160 and 164 of  the  Code
     8  of  Federal  Regulations,  established  pursuant to the Health Insurance
     9  Portability and Availability Act of 1996.
    10    2. No person, business,  firm,  partnership,  association,  or  corpo-
    11  ration,  not  including  the  state or its political subdivisions, shall
    12  retain any information obtained from scanning an individual's  New  York
    13  state  driver's  license  or identification card, except as permitted in
    14  subdivision one of this section.
    15    3. No person, business,  firm,  partnership,  association,  or  corpo-
    16  ration,  not  including  the  state or its political subdivisions, shall
    17  sell or disseminate to a third party any information obtained under this
    18  section for any purpose, including but not limited to, marketing, adver-
    19  tising, or promotional activities, except as  permitted  in  subdivision
    20  one of this section.
    21    4. A person, business, firm, partnership, association, or corporation,
    22  not  including  the  state  or its political subdivisions, covered under
    23  this section shall make reasonable efforts, through systems testing  and
    24  other means, to ensure that the requirements of this section are met.
    25    5.  Any  waiver  of  a provision of this section is contrary to public
    26  policy and is void and unenforceable.
    27    6. Each violation of this section  shall  be  punishable  by  a  civil
    28  penalty of not more than one thousand dollars.
    29    7. For the purposes of this section:
    30    a.  "Consumer  reporting agency" shall have the same meaning as in the
    31  federal Fair Credit Reporting Act, title 15 United States  Code  section
    32  1681a(f).