Government Affairs Council
Update
May 6, 2005
Assembly
Passes Breach of Security Bill
The Assembly passed A.4254 (Brennan) this week. The bill amends the state technology law to require any state agency or business which owns or licenses a computerized database which includes vulnerable personal information shall disclose any breach of security of such system to any resident of New York state whose unencrypted personal information may have been acquired by an unauthorized person; provides enforcement provisions. The bill is sponsored in the Senate (S.2161) by Senator Fuschillo.
There are numerous other pieces of legislation that have been introduced that affect breaches of security:
- S.3000-A (Spano) / A.5487-B (Brodsky) - Add Art 17 SS1701 - 1704, BC L Enacts the "personal information protection act", requiring disclosure of breaches of security of data systems of business entities to affected persons; provides for administration by the department of state; requires use of best available technology to detect breaches of security; provides for a private right of action.
Status:
- S.3000-A in the Senate -- 04/12/2005 ADVANCED TO THIRD READING CALENDAR 530.
- A.5487-B in the Assembly - 03/22/2005 amend (t) and recommit to codes 03/22/2005 print number 5487b.
- S.3492 (Fuschillo) / A.6903 Brennan - Add Art 39-F S899-a, Gen Bus L; add S208, St Tech L Requires any state agency or business which owns or licenses a computerized database which includes vulnerable personal information shall disclose any breach of security of such system to any resident of New York state whose unencrypted personal information may have been acquired by an unauthorized person; provides enforcement provisions.
Status:
- S.3492 in the Senate - 03/28/2005 ADVANCED TO THIRD READING CALENDAR 319.
- A.5487-B in the Assembly - 03/30/2005 referred to consumer affairs and protection
- S.3494 (Fuschillo) / A.7349 Pheffer - Amd SS380-a, 380-d, 380-e & 380-b, add SS380-u, 380-v, 396-ss & 396-tt, Gen Bus L; amd S20.40, CP L; amd S646, Exec L Enacts the identity theft prevention and mitigation act; establishes procedures to allow consumers to put a "security freeze" on their consumer information; provides for enforcement by the attorney general and security of social security account numbers; and provides for notice of information of breach of security. ATTORNEY GENERAL PROGRAM BILL.
Status:
- S.3494 in the Senate - 04/04/2005 ADVANCED TO THIRD READING CALENDAR 409.
- A.7349 in the Assembly - 04/14/2005 referred to consumer affairs and protection.
- S.3141 (Farley) / A.1525 (Nolan) - Add S9-u, Bank L Requires any banking institution that owns or licenses data that includes personal identifying information to disclose any breach of security following discovery or notification of such breach to any person whose personal identification was, or is reasonably believed to have been, acquired by an unauthorized person; defines personal identifying information and breach of security.
Status:
- S.3141 in the Senate - 03/08/2005 REFERRED TO BANKS
- A.1525 in the Assembly - 01/20/2005 referred to banks
- S.2161 (Fuschillo) / A.4254 (Brennan) - Add S208, St Tech L; add Art 39-F S899-aa, Gen Bus L Requires any state agency or business which owns or licenses a computerized database which includes vulnerable personal information shall disclose any breach of security of such system to any resident of New York state whose unencrypted personal information may have been acquired by an unauthorized person; provides enforcement provisions.
Status:
- S.2161 in the Senate - 02/09/2005 REFERRED TO ENERGY AND TELECOMMUNICATIONS
- A.4254 in the Assembly - 04/07/2005 advanced to third reading cal.196
- S.4978 (Hannon) - Add SS208 - 211, St Tech L Requires state agencies and business entities to disclose the breach of the security of any personal information of any resident of the state maintained on a computerized database; establishes notice requirements; directs the state consumer protection board to enforce such provisions.
Status:
- S.4978 in the Senate - 04/18/2005 REFERRED TO ENERGY AND TELECOMMUNICATIONS
- No companion in the Assembly.
- S.2906 (Rath) - Add Art 32-A SS677 & 678, Gen Bus L; amd SS92 & 96, Pub Off L; amd SS202 & 204, St Tech L Requires notice to residents when a computerized database security breach releases personal information.
Status:
- S.2906 in the Senate - 03/01/2005 REFERRED TO CONSUMER PROTECTION
- No companion in the Assembly.
- A.6688 (Stephens) - Add S203-a, St Tech L Requires notification of breach of security of personal information kept by state agencies; defines breach of security and personal information.
Status:
- No companion in the Senate.
- A.6688 in the Assembly - 03/18/2005 referred to governmental operations
Energy
Panel - Government Law Center Breakfast
The Government Law Center of
the Albany Law School will
be conducting a panel entitled "Energy Infrastructure: New York's Engine for Growth" at 8 a.m. on Tuesday, May 24, 2005 in the Assembly Parlor, 3rd Floor of the State Capitol in Albany. The event is part of the Warren Anderson Legislative breakfast Seminar Series, and is accredited for one hour of nontransitional CLE credit in the area of "Professional Practice".
Panelists include:
Michael Calviou, V P of Transmission and Regulation, National Grid U.S.A.
Garry Brown, VP of Strategic Development, NYISO
David Manning, Sr. VP of Corporate Affairs, KeySpan
The panel will be moderated by Howard Shapiro, President and CEO of the Energy Association of New York State. The program is free of charge, but space is limited, so you must call the Government Law Center at (518)445-3259 to register.
New NY Tax Reporting Requirement to be Addressed at Conference on State Taxation on June 2
Part N of Laws of 2005 Chapters
61 and 63, signed April 12 and
April 13, respectively, requires: "Every taxpayer ... who participates in a New York reportable transaction for a taxable year must disclose such participation with its return or report required to be filed under Article 9, 9-A, 22, 32, or 33 ... for the taxable year in a form prescribed by the commissioner, and provide such other information related to such transaction as prescribed by the commissioner. A New York reportable transaction is a transaction that has the potential to be a tax avoidance transaction as determined by the commissioner."
Analysis of and insight into the Commissioner's determinations re the above requirement will be presented and explained at the Tax Shelter Reporting Provisions session at the Conference on State Taxation at the Gideon Putnam in Saratoga Springs at 8:30 a.m. on June 2.
For more information on the Tax Conference, visit: www.bcnys.org/whatsnew/events/taxprogram.htm
New
Legislative Document Page on our
Web Site
Staff Contact: Karen
Derenzo
We have created an informational page on our web site where we list legislative documents created by Business Council staff. This will be a great tool when searching for this type of information.
The Legislative Document Page includes links to the following documents:
- GAC Update
- Legislative Program
- Legislative Session Wrap Up
- Governor's Budget (Proposed and Final)
- Legislative Memo
- Issues In Brief
