Assembly Bill A9020A

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

                                 9020--A

                          I N  A S S E M B L Y

                            January 19, 2016
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Transportation -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to registration
  information

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

  Section 1. Paragraph (b) of subdivision 4 of section 202 of the  vehi-
cle  and  traffic law, as amended by chapter 293 of the laws of 1989, is
amended to read as follows:
  (b) The commissioner shall notify each  vehicle  registrant  that  the
PERSONAL INFORMATION CONTAINED WITHIN registration information specified
in  paragraph  (a)  of this subdivision has been or will be furnished to
the contracting party. The commissioner shall inform each vehicle regis-
trant when such registrant first makes application for a vehicle  regis-
tration  or  when  such  registrant applies to renew an existing vehicle
registration how to achieve the deletion of such  information  from  the
contracting  party's file. The contract between the commissioner and the
contracting party shall provide that, upon the request of the registrant
made in such manner and in such form  as  shall  be  prescribed  by  the
commissioner,  such  PERSONAL  INFORMATION CONTAINED WITHIN registration
information shall be deleted from the contracting party's file  for  all
purposes,  except:    [(i)  issuance  of manufacturer's warranty, safety
recall or similar notices, or (ii) statistical complications.]
  (I) FOR USE BY ANY GOVERNMENT  AGENCY,  INCLUDING  ANY  COURT  OR  LAW
ENFORCEMENT AGENCY, IN CARRYING OUT ITS FUNCTIONS, OR ANY PRIVATE PERSON
OR  ENTITY  ACTING  ON  BEHALF  OF  A FEDERAL, STATE, OR LOCAL AGENCY IN
CARRYING OUT ITS FUNCTIONS;
  (II) FOR USE IN CONNECTION WITH MATTERS OF  MOTOR  VEHICLE  OR  DRIVER
SAFETY  AND THEFT; MOTOR VEHICLE EMISSIONS; MOTOR VEHICLE PRODUCT ALTER-
ATIONS, RECALLS, OR ADVISORS; PERFORMANCE MONITORING OF MOTOR  VEHICLES,
MOTOR  VEHICLE  PARTS  AND DEALERS; MOTOR VEHICLE MARKET RESEARCH ACTIV-
ITIES, INCLUDING SURVEY RESEARCH; AND REMOVAL OF NON-OWNER RECORDS  FROM
THE ORIGINAL RECORDS OF MOTOR VEHICLE MANUFACTURERS;

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

                                                           LBD13648-03-6

A. 9020--A                          2

  (III)  FOR  USE IN THE NORMAL COURSE OF BUSINESS BY A LEGITIMATE BUSI-
NESS OR ITS AGENTS, EMPLOYEES, OR CONTRACTORS, BUT ONLY: (1)  TO  VERIFY
THE  ACCURACY OF PERSONAL INFORMATION SUBMITTED BY THE INDIVIDUAL TO THE
BUSINESS OR ITS AGENTS, EMPLOYEES,  OR  CONTRACTORS;  AND  (2)  IF  SUCH
INFORMATION  AS  SO SUBMITTED IS NOT CORRECT OR IS NO LONGER CORRECT, TO
OBTAIN THE CORRECT INFORMATION, BUT ONLY FOR THE PURPOSES OF  PREVENTING
FRAUD  BY,  PURSUING  LEGAL REMEDIES AGAINST, OR RECOVERING ON A DEBT OR
SECURITY INTEREST AGAINST, THE INDIVIDUAL;
  (IV) FOR USE IN CONNECTION WITH ANY CIVIL,  CRIMINAL,  ADMINISTRATIVE,
OR  ARBITRAL  PROCEEDING IN ANY FEDERAL, STATE, OR LOCAL COURT AGENCY OR
BEFORE ANY SELF-REGULATING  BODY,  INCLUDING  THE  SERVICE  OF  PROCESS,
INVESTIGATION  IN  ANTICIPATION  OF  LITIGATION,  AND  THE  EXECUTION OR
ENFORCEMENT OF JUDGEMENTS AND ORDERS, OR  PURSUANT  TO  AN  ORDER  OF  A
FEDERAL, STATE, OR LOCAL COURT;
  (V)  FOR  USE IN RESEARCH ACTIVITIES, AND FOR USE IN PRODUCING STATIS-
TICAL REPORTS, SO LONG AS THE PERSONAL  INFORMATION  IS  NOT  PUBLISHED,
REDISCLOSED, OR USED TO CONTACT INDIVIDUALS;
  (VI) FOR USE BY ANY INSURER OR INSURANCE SUPPORT ORGANIZATION, OR BY A
SELF-INSURED  ENTITY,  OR  ITS  AGENTS,  EMPLOYEES,  OR  CONTRACTORS, IN
CONNECTION WITH CLAIMS INVESTIGATION ACTIVITIES,  ANTIFRAUD  ACTIVITIES,
RATING OR UNDERWRITING;
  (VII)  FOR USE IN PROVIDING NOTICE TO THE OWNERS OF TOWED OR IMPOUNDED
VEHICLES;
  (VIII) FOR  USE  BY  ANY  LICENSED  PRIVATE  INVESTIGATIVE  AGENCY  OR
LICENSED  SECURITY SERVICE FOR ANY PURPOSE PERMITTED UNDER THIS SUBDIVI-
SION; AND
  (IX) FOR USE BY AN EMPLOYER OR ITS AGENT OR INSURER TO OBTAIN OR VERI-
FY INFORMATION RELATING TO A HOLDER OF  A  COMMERCIAL  DRIVER'S  LICENSE
THAT IS REQUIRED UNDER 49 U.S.C. 313.
  S 2. This act shall take effect immediately.