senate Bill S2751

2013-2014 Legislative Session

Relates to the implementation of an interface between the department of motor vehicles and the state police to compare information submitted to the department of motor vehicles to warrants

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 29, 2014 reported and committed to finance
Jan 08, 2014 referred to transportation
Feb 28, 2013 reported and committed to finance
Jan 23, 2013 referred to transportation

Votes

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Apr 29, 2014 - Transportation committee Vote

S2751
13
2
committee
13
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Apr 29, 2014

nay (2)

Feb 28, 2013 - Transportation committee Vote

S2751
12
2
committee
12
Aye
2
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Feb 28, 2013

nay (2)

Co-Sponsors

S2751 - Bill Details

See Assembly Version of this Bill:
A6642
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง399-p, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S4787, A9139

S2751 - Bill Texts

view summary

Relates to the development and implementation of an interface between the department of motor vehicles and the state police for the purpose of comparing information submitted by individuals engaging in in-person, mail or internet transactions with the department of motor vehicles to open criminal warrants.

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BILL NUMBER:S2751

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to the development and implementation of an interface between the
department of motor vehicles and the state police for the purpose of
comparing information submitted by individuals engaging in in-person,
mail or internet transactions with the department of motor vehicles to
open criminal warrants

PURPOSE: To establish an interface with the New York State Police
Information Network. such that information submitted by individuals
engaging in in-person, mail, or internet transactions with the depart-
ment of motor vehicles shall be compared to open criminal warrants.

SUMMARY OF PROVISIONS:

Section 1 is amended by adding a new Section 399-p which empowers the
commissioner of the department of motor vehicles to establish a program
to allow the department to interface with the New York State Police
Information Network, such that information submitted by individuals
engaging in in-person, mail, or internet transactions with the depart-
ment of motor vehicles shall be compared to open criminal warrants, and
charges the commissioner, in conjunction with the divisions of state
police, criminal justice services, and the office for technology, with
the development and implementation of such interface, according to stan-
dards provided in Section 1.

Section 1 specifically prohibits any alerts to the department of motor
vehicles or its employees of the results of the interface process.

Section 1 specifies that information resulting from the interface proc-
ess shall only be transmitted to a law enforcement agency for use in
carrying out its functions pursuant to the federal driver's privacy
protection act, and that the operation of the interface shall be a joint
effort of the department of motor vehicles and the division of the state
police. Further, the superintendent of the state police shall develop
protocols and training to ensure the safety of all department employees
and customers.

Section 3 provides that the act shall take effect immediately.

JUSTIFICATION: State and local law enforcement can access DMV records
during traffic stops and investigations, yet cannot interface with the
New York State Police Information Network (NYSPIN) for a nationwide
check for any open felony warrants against a DMV customer. As a result,
potentially dangerous felons may escape athe security net. This legis-
lation will establish an interface between the DMV and NYSPIN to check
the status of warrants on a DMV customer, and on automated discovery,
allow the DMV to contact the Office of Field Investigations. This
DMV/OFI contact is already routine when a customer presents an altered
title or insurance card, or a fraudulent social security card.

LEGISLATIVE HISTORY: S.4787 of 2012 reported and committed to Finance

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2751

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the develop-
  ment  and  implementation  of  an  interface between the department of
  motor vehicles and the state  police  for  the  purpose  of  comparing
  information  submitted  by  individuals engaging in in-person, mail or
  internet transactions with the department of motor  vehicles  to  open
  criminal warrants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 399-p to read as follows:
  S  399-P.  POLICE  INFORMATION  INTERFACE.   1. THE COMMISSIONER SHALL
ESTABLISH A PROGRAM TO ALLOW THE DEPARTMENT TO INTERFACE  WITH  THE  NEW
YORK  STATE  POLICE  INFORMATION NETWORK (NYSPIN), SUCH THAT INFORMATION
SUBMITTED BY INDIVIDUALS ENGAGING IN IN-PERSON, MAIL OR INTERNET  TRANS-
ACTIONS WITH THE DEPARTMENT SHALL BE COMPARED TO OPEN CRIMINAL WARRANTS.
THE  COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF STATE POLICE, THE
DIVISION OF CRIMINAL JUSTICE SERVICES, AND  THE  OFFICE  FOR  TECHNOLOGY
SHALL  DEVELOP  AND  IMPLEMENT SUCH INTERFACE, PURSUANT TO THE FOLLOWING
STANDARDS.
  2. THE INTERFACE SHALL AUTOMATICALLY CONDUCT A REAL-TIME COMPARISON OF
TRANSACTIONAL INFORMATION ENTERED INTO DEPARTMENT DATABASES AND  CURRENT
WARRANT  INFORMATION  CONTAINED IN NYSPIN. WHEN SUCH COMPARISON YIELDS A
CORRELATION SUFFICIENT TO BE CONSIDERED A MATCH, AS  DETERMINED  BY  THE
DIVISION  OF  STATE  POLICE,  A  COMPUTERIZED SYSTEM SHALL AUTOMATICALLY
TRANSMIT ALL DEPARTMENT INFORMATION PERTINENT TO THE WARRANT TO STATE OR
LOCAL LAW ENFORCEMENT. THE COMPUTERIZED SYSTEM SHALL NOT, AT  ANY  TIME,
ALERT  THE  DEPARTMENT  OR ITS EMPLOYEES OF THE RESULTS OF THE INTERFACE
PROCESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02812-01-3

S. 2751                             2

  3. DEPARTMENT INFORMATION THAT SHALL BE TRANSMITTED TO LAW ENFORCEMENT
AGENCIES MAY INCLUDE, BUT IS NOT LIMITED TO:  PHOTOGRAPHS  AND  PHYSICAL
CHARACTERISTICS OF AN INDIVIDUAL, DESCRIPTIONS OF VEHICLES REGISTERED TO
AND/OR OWNED BY AN INDIVIDUAL, THE LAST KNOWN ADDRESS AND CONTACT INFOR-
MATION  OF AN INDIVIDUAL, THE PRESENT LOCATION OF AN INDIVIDUAL, AND THE
DRIVER IDENTIFICATION AND SOCIAL SECURITY NUMBERS OF AN INDIVIDUAL. SUCH
INFORMATION SHALL ONLY BE TRANSMITTED TO A LAW  ENFORCEMENT  AGENCY  FOR
USE  IN  CARRYING  OUT  ITS  FUNCTIONS, PURSUANT TO THE FEDERAL DRIVER'S
PRIVACY PROTECTION ACT (18 U.S.C. S 2721 ET. SEQ.).
  4. OPERATION AND MAINTENANCE OF THE INTERFACE  SHALL  BE  BY  A  JOINT
EFFORT OF THE DEPARTMENT AND THE DIVISION OF STATE POLICE.
  5.  THE SUPERINTENDENT OF THE STATE POLICE SHALL DEVELOP PROTOCOLS AND
IMPLEMENT TRAINING TO ENSURE THE SAFETY OF ALL DEPARTMENT EMPLOYEES  AND
CUSTOMERS. SUCH PROTOCOLS AND TRAINING SHALL INCLUDE, BUT ARE NOT LIMIT-
ED  TO,  PROCEDURES  FOR  THE  EXECUTION OF A WARRANT BY LAW ENFORCEMENT
AGENTS WHEN A MATCH RESULTS FROM INFORMATION  YIELDED  BY  AN  IN-PERSON
TRANSACTION.
  S  2.  Within  twelve  months  of  the effective date of this act, the
commissioner of the department of motor  vehicles  shall  implement  the
interface  described in section one of this act and shall promulgate all
rules and regulations he or she deems necessary to implement the  utili-
zation of the interface.
  S 3. This act shall take effect immediately.

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