STATE OF NEW YORK
       ________________________________________________________________________
 
                                         7173
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                    March 14, 2001
                                      ___________
 
       Introduced  by M. of A. SANDERS -- read once and referred to the Commit-
         tee on Codes
 
       AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
         restricting  the  issuance of a subpoena upon retail establishments or
         retailers in certain cases
 
         The People of the State of New York, represented in Senate and  Assem-
       bly, do enact as follows:
 
    1    Section  1.  Section  2307  of  the  civil  practice law and rules, as
    2  amended by chapter 389 of the laws  of  1991,  is  amended  to  read  as
    3  follows:
    4    §  2307.  Books,  papers and other things of a retail establishment or
    5  retailer with respect to  purchases  of  written  materials  made  by  a
    6  customer, library, department or bureau of a municipal corporation or of
    7  the  state.  Issuance by court. A subpoena duces tecum to be served upon
    8  a retail establishment or retailer with respect to purchases of  written
    9  materials  made  by  a customer, library, or a department or bureau of a
   10  municipal corporation or of the state, or an officer thereof,  requiring
   11  the  production of any books, papers or other things, shall be issued by
   12  a justice of the supreme court in the district in which the book,  paper
   13  or  other thing is located or by a judge of the court in which an action
   14  for which it is required is triable. Unless the court orders  otherwise,
   15  a motion for such subpoena shall be made on at least one day's notice to
   16  the  retail  establishment  or  retailer, library, department, bureau or
   17  officer having custody of the book, document  or  other  thing  and  the
   18  adverse  party. Such subpoena must be served upon such retail establish-
   19  ment or retailer, library, or such department or bureau of such  munici-
   20  pal  corporation  or  of  the  state or an officer having custody of the
   21  book, document or other thing and the adverse party at least twenty-four
   22  hours before the time fixed for the production of such records unless in
   23  the case of an emergency the court shall by  order  dispense  with  such
   24  notice otherwise required. Compliance with a subpoena duces tecum may be
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09854-01-1

       A. 7173                             2
 
    1  made by producing a full-sized legible reproduction of the item or items
    2  required to be produced certified as complete and accurate by the person
    3  in  charge of such retail establishment or retailer, library, department
    4  or  bureau,  or a designee of such person, and no personal appearance to
    5  certify such item or items shall be required of such person or designee,
    6  unless the court shall order otherwise pursuant to  subdivision  (d)  of
    7  rule  2214  of  this chapter.   Where a stipulation would serve the same
    8  purpose as production of the book,  document  or  other  thing  and  the
    9  subpoena  is  required because the parties will not stipulate, the judge
   10  may impose terms on any party, including the cost of production  of  the
   11  book  or document, and require such cost to be paid as an additional fee
   12  to the retail establishment or retailer, library, department or officer.
   13    § 2. The civil practice law and rules  is  amended  by  adding  a  new
   14  section 4509-a to read as follows:
   15    §  4509-a.  Retail  establishments and retailers of written materials;
   16  records and receipts. Records and receipts of customer purchases created
   17  during the ordinary course of  business  by  retail  establishments  and
   18  retailers of written materials which contain names, credit card numbers,
   19  checking account numbers or other personally identifying details regard-
   20  ing  the  purchases  of written materials from a retail establishment or
   21  retailer of written materials shall be confidential  and  shall  not  be
   22  disclosed except that such records may be disclosed to the extent neces-
   23  sary  for  the proper operation of such retail establishment or retailer
   24  and shall be disclosed upon request  or  consent  of  the  purchaser  or
   25  pursuant  to  subpoena, court order or where otherwise required by stat-
   26  ute.
   27    § 3. This act shall take effect immediately.

 
BILL NUMBER: A7173
 
SPONSOR: Sanders

 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to restricting the issuance of a subpoena upon retail estab-
lishments or retailers in certain cases
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To protect a person's privacy rights when purchasing books from retail
establishments.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
This bill would amend Section 2307 of the civil practice law and rules,
as amended by chapter 389 of the laws of 1991 to include a retail estab-
lishment or retailer regarding the confidentiality of purchases of writ-
ten materials made by customer. This section of the civil practice law
and rules makes the serving of a subpoena necessary when requesting such
materials.
 
This bill also adds a new section 4509-a to the civil practice law and
rules to keep the records and receipts of customer purchases created
during the ordinary course of business by retail establishments and
retailers of written materials which contain names, credit card numbers,
checking account numbers or other personally identifying details confi-
dential, except when pursuant to subpoena, court order or where other-
wise required by statute.
 
 
JUSTIFICATION:
 
The public interest in protecting the privacy rights of individuals
regarding what books they chose to buy is the same as that which main-
tains individuals privacy regarding the books they choose to borrow from
a library. Unless there is compelling need for such information, a
person should be able to buy a book without concern that his or her
purchase will become a matter of public interest. New York State has
traditionally manifested a strong safeguard protecting the right of
people to read whatever they choose, free from embarrassment or expo-
sure. In light of a longstanding statute protecting records of what
people borrow from libraries, is both logical and appropriate to elimi-
nate any arbitrary distinction regarding individuals' privacy in books
borrowed as opposed to books purchased.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.3518 (1999-00)
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:  This act shall take effect immediately.