BILL NUMBER: S7333

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to registration
information

 
PURPOSE:

Amends New York State's Vehicle and Traffic Law to ensure conformance
with Federal requirements that limit access to personal information
contained in motor vehicle records.  Clarifies the law so that the
release of vehicle records permitted in

Section 202 of the Vehicle and Traffic Law conforms to other statutes
that address the release of vehicle records.  Permits motor vehicle
records to be used by legitimate business entities to assist government
agencies and courts, and to combat vehicle fraud within the insurance
and automotive industries.

 
              

SUMMARY OF PROVISIONS:

This bill amends paragraph 4(b) of section 202 of the Vehicle and Traf-
fic Law. Specifically, it allows the commissioner, through a competitive
bidding process, to release motor vehicles records to legitimate busi-
nesses for permissible uses under federal law.  Currently, buyers of
individual records have access to all federally approved uses of motor
vehicle records while those who have gone through the bid process do
not.

 
JUSTIFICATION:

The Vehicle and Traffic Law provides protection for data being released
by the New York Department of Motor Vehicles. However, the current stat-
ute unintentionally impairs a number of valid federally approved uses of
motor vehicle records which are available in most states. This legis-
lation would clarify the statute and conform it to certain enumerated
permissible uses of personal information consistent with the Federal
Driver's Privacy Protection Act. Federal law requires all state depart-
ments of motor vehicles to protect personal information contained in
motor vehicle records. It prohibits the release of personal information
except in those instances where the release meets the requirements of a
limited number of specific exemptions. Under those specific exemptions
the only personal information released is the registrant and title
owner's name and address.

The current statute as written unintentionally impairs a number of valid
legitimate uses of the information which facilitates business and
consumer transactions. With the continued increase in fraud related to
vehicle purchases and automobile insurance the data is used to validate
vehicle ownership and vehicle attributes. This bill is necessary to
prevent fraud and to protect the citizens of New York.

This legislation also establishes standards for permissible use of data
which includes: safety recall, emissions recalls, assisting government
and law enforcement agencies, research, statistics, and class action
lawsuit settlement information.

This bill only applies to legitimate businesses that qualify to receive
bulk data from the department of motor vehicles via a biannual bid
contract and must meet security standards and bonding and insurance
requirements of the DMV.

 
LEGISLATIVE HISTORY:

2016: S.6670/A.9020a - Advanced to 3rd Reading/Committed to Rules

2017-2018: A.8414 - Referred to Transportation

 
FISCAL IMPLICATIONS:

The adoption of this bill ensures that the revenue generated through the
bidding process continues to be received by the state.

 
EFFECTIVE DATE:
Immediately.