S 10418 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10418 Summary: BILL NO S10418 &nbsp SAME AS No Same As &nbsp SPONSOR GONZALEZ &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add §399-ss, Gen Bus L; amd §65-b, ABC L &nbsp Relates to the unlawful use of a New York driver's license or identification card.

Go to top S10418 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 italics (underscored) is new; matter in brackets [ ] 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). 33 b. "Covered entity" shall have the same meaning as in the security 34 rules issued by the federal Department of Health and Human Services, 35 Parts 160 and 164 of the Code of Federal Regulations, established pursu- 36 ant to the Health Insurance Portability and Availability Act of 1996. 37 c. "Debt collector" shall have the same meaning as in the federal Fair 38 Debt Collection Practices Act, title 15 United States Code section 39 1692a. 40 d. "Financial institution" shall have the same meaning as in the 41 federal Gramm-Leach-Bliley Act, title 15 United States Code section 42 6809. 43 § 2. Subdivision 8 of section 65-b of the alcoholic beverage control 44 law, as added by chapter 519 of the laws of 1999, is amended to read as 45 follows: 46 8. A licensee or agent or employee of such licensee shall only use the 47 information recorded and maintained through the use of such devices for 48 the purposes contained in paragraph (a) of subdivision seven of this 49 section, and [ shall only use such devices for the purposes contained in 50 subdivision two of this section. No licensee or agent or employee of a 51 licensee shall resell or disseminate the information recorded during 52 such scan to any third person. Such prohibited resale or dissemination 53 includes, but is not limited to, any advertising, marketing or promo- 54 tional activities. Notwithstanding the restrictions imposed by this 55 subdivision, such records may be released pursuant to a court ordered 56 subpoena or pursuant to any other statute that specifically authorizes

S. 10418 3

1 the release of such information. Each violation of this subdivision 2 shall be punishable by a civil penalty of not more than one thousand 3 dollars ] in accordance with and subject to the provisions of section 4 three hundred ninety-nine-ss of the general business law . 5 § 3. This act shall take effect immediately.

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