NY State Senate Bill 2019-S3774

Senate Bill S3774

2019-2020 Legislative Session

Relates to the method of informing vehicle registrants of the process for information deletion

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2020	recommit, enacting clause stricken
Jan 08, 2020	referred to transportation
Feb 14, 2019	referred to transportation

2019-S3774 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §202, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S7215

2019-S3774 (ACTIVE) - Summary

Relates to the method of informing vehicle registrants of the process for information deletion; requires an insert on the department website and on vehicle registration forms.

2019-S3774 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3774

SPONSOR: JACOBS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the method
of informing vehicle registrants of the process for information deletion

 
PURPOSE:

The purpose of this bill is to amend the Vehicle and Traffic Law, to
fully inform vehicle registrants that they can opt of the Department of
Motor Vehicle's program that sells certain personal information to
contracting parties.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Vehicle and traffic Law Section 202, subdivision
4-b, requiring the Commissioner of Motor Vehicles to inform vehicle
registrants that they have the right to opt out of the Department's
program that allows the sale of said registrants certain personal infor-

mation to contracting parties.

Section 2: establishes the effective date.

 
EXISTING LAW:

Vehicle and Traffic Law 202-4b

 
JUSTIFICATION:

Vehicle registrants, legislators and good government groups have
complained for years that the New York State Department of Motor Vehi-
cles has been selling registrants personal information to contracting
parties. While vehicle registrants are not happy with this deceptive
legal practice, they are more upset that they are not given proper
notice that they can opt out of the Department's program. Many believe
the Department is violating the spirit of Vehicle and Traffic Law
Section 202-4b which clearly states that "The Commissioner shall notify
each vehicle registrant that the registration information speci-
fied...has been or will be furnished to the contracting party," and they
have the right to opt out. Due to the volume of complaints received,
through the years, concerning this practice this legislation is neces-
sary and will address the Law's shortcomings forcing the Commissioner to
inform each vehicle registrant by inserting a prominently displayed
disclosure on the DMV main web page and on all vehicle registration
forms, and upon initial registration and each registration renewal and
on all renewal forms

 
LEGISLATIVE HISTORY:

S.7215 (2017-2018) Passed Senate

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3774 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3774
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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  method
   of  informing  vehicle  registrants  of  the  process  for information
   deletion

   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
 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  registrant,  BY  INSERTING  A  PROMINENTLY
 DISPLAYED DISCLOSURE ON THE DEPARTMENT'S MAIN WEB PAGE, AND ON ALL VEHI-
 CLE REGISTRATION FORMS, when such registrant first makes application for
 a vehicle registration or when  such  registrant  applies  to  renew  an
 existing vehicle registration how to achieve the deletion of such infor-
 mation  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 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05800-01-9

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