S T A T E O F N E W Y O R K
________________________________________________________________________
8569
2009-2010 Regular Sessions
I N A S S E M B L Y
May 28, 2009
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Introduced by M. of A. GANTT -- (at request of the Department of Motor
Vehicles) -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the
retention of motor vehicle records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (i) of subdivision 1 of
section 201 of the vehicle and traffic law, as amended by section 2 of
part E of chapter 60 of the laws of 2005, is amended to read as follows:
(i) any accident reports filed with the commissioner, conviction
certificates, police reports, complaints, satisfied judgment records,
closed suspension and revocation orders, hearing records, other than
audio tape recordings of hearings, AND significant correspondence relat-
ing to any of the same[, and any other record on file] after remaining
on file for four years except that if the commissioner shall receive,
during the last year of such period of four years, written notice to
retain one or more of such papers or documents, the same shall be
retained for another four years in addition to said period of four
years. The provisions of this paragraph shall not apply to certificates
of conviction filed with respect to convictions which affect sentencing
or administrative action required by law beyond such four year period.
Such certificates may be destroyed after they have no legal effect on
sentencing or administrative action;
S 2. Subdivision 1 of section 201 of the vehicle and traffic law is
amended by adding a new paragraph (l) to read as follows:
(L) FOR ANY OTHER RECORD NOT SPECIFIED IN THIS SECTION, THE COMMIS-
SIONER OR HIS OR HER DESIGNEE SHALL ESTABLISH A RETENTION SCHEDULE IN
CONSULTATION WITH THE STATE ARCHIVES PURSUANT TO SECTION 57.05 OF THE
ARTS AND CULTURAL AFFAIRS LAW.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09419-02-9