S T A T E O F N E W Y O R K
________________________________________________________________________
5688--A
2025-2026 Regular Sessions
I N S E N A T E
February 27, 2025
___________
Introduced by Sens. COONEY, GRIFFO, OBERACKER -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation -- reported favorably from said committee and committed to
the Committee on Finance -- 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 establishing
a fixed fee for the purchase of registration lists and title informa-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 202 of the vehicle and traffic
law, as amended by chapter 61 of the laws of 1989, the subdivision head-
ing and paragraphs (a) and (e) as amended by chapter 496 of the laws of
1995, and paragraph (b) as amended by chapter 293 of the laws of 1989,
is amended and a new subdivision 6 is added to read as follows:
4. Registration lists and title information. (a) The commissioner
shall have discretion to contract with [the highest responsible] ANY
SUCCESSFUL bidder or bidders to furnish the registration information
specified in this section from the records of all vehicle registrations
from any registration period, or number of periods not exceeding five
years in the aggregate, with respect to a given territory or information
on titles. In such event, the fees provided by this section shall not
apply to copies of records furnished under any such contract. Any such
contract entered into by the commissioner pursuant to this section shall
not be for a term of more than two years and shall contain language
prohibiting [the] ANY successful bidder OR BIDDERS from assigning the
contract and from any use or resale of the information received which
use or resale is contrary to the public policy of this state or is
contrary to the public morals or welfare. In addition, any such sale of
registration information shall be limited to only that part of the vehi-
cle registration records describing the name and address of the owner of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09568-02-5
S. 5688--A 2
the vehicle and the make, model, year, weight, body style, number of
passengers and cylinders, fuel, license number, type of registration and
transaction, validation and expiration date and vehicle identification
number of the vehicle.
(A-1) THE COMMISSIONER SHALL AFFIX A COST FOR THE SALE OF SUCH LISTS
OR OTHER RECORDS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION IN BULK
NOT TO EXCEED THE ANNUAL COST OF ONE MILLION FIVE HUNDRED TWENTY THOU-
SAND DOLLARS ($1,520,000).
(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 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 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 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, OR (III) FOR USE BY ANY
INSURER OR BY A SELF-INSURED ENTITY OR ITS AGENTS, EMPLOYEES, OR
CONTRACTOR, IN CONNECTION WITH MOTOR VEHICLE CLAIMS INVESTIGATION ACTIV-
ITIES, ANTIFRAUD ACTIVITIES, RATING OR UNDERWRITING.
(B-1) VEHICLE ACCIDENT REPORT INFORMATION AND EMISSIONS INFORMATION.
THE COMMISSIONER SHALL HAVE DISCRETION TO CONTRACT WITH RESPONSIBLE
VENDORS TO FURNISH THE VEHICLE ACCIDENT REPORT AND EMISSIONS INFORMATION
SPECIFIED IN THIS SUBDIVISION FROM THE RECORDS OF ALL VEHICLE ACCIDENT
REPORTS AND EMISSIONS INFORMATION IN BULK FOR ALL ACCIDENTS AND EMISSION
INSPECTION RECORDS OCCURRING DURING THE COURSE OF THE CONTRACT FOR USE
IN VEHICLE HISTORY REPORTS. THE VENDORS SHALL PAY A FEE FOR SUCH INFOR-
MATION WITH THE COMBINED COST NOT TO EXCEED THIRTY PERCENT OF THE BULK
TITLE AND REGISTRATION FEE. IN SUCH EVENT, THE FEES PROVIDED BY THIS
SECTION SHALL NOT APPLY TO COPIES OF RECORDS FURNISHED UNDER ANY SUCH
CONTRACT FOR THE VEHICLE ACCIDENT INFORMATION. ANY SUCH CONTRACT ENTERED
INTO BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL NOT BE FOR A
TERM OF MORE THAN TWO YEARS AND SHALL CONTAIN LANGUAGE PROHIBITING
SUCCESSFUL VENDORS FROM ASSIGNING THE CONTRACT AND FROM ANY USE OR
RESALE OF THE INFORMATION RECEIVED WHICH USE OR RESALE IS CONTRARY TO
THE PUBLIC POLICY OF THIS STATE OR IS CONTRARY TO THE PUBLIC MORALS OR
WELFARE. SUCH BULK DATA SET MAY INCLUDE ALL REQUESTED RELEVANT FIELDS OF
DATA BUT SHALL NOT CONTAIN PERSONAL INFORMATION.
(c) Any material violation of the terms of such contract by [the] ANY
successful bidder OR BIDDERS not corrected or discontinued within thirty
days following receipt of notice of such violation will automatically
cancel and void its contract with the commissioner and disqualify it
from bidding for the five successive years following such cancellation.
(d) Any contract authorized by this section shall be subject to the
provisions of article nine of the state finance law.
(e) The commissioner may from time to time require that the contract-
ing party pursuant to this section submit written reports, in form
satisfactory to the commissioner, concerning the use of such registra-
tion or title information.
6. ADDITIONAL REQUIREMENTS. THE COMMISSIONER MAY REQUIRE:
(A) EACH SUCCESSFUL BIDDER OR BIDDERS TO POST A PERFORMANCE BOND IN AN
AMOUNT OF NOT MORE THAN ONE MILLION DOLLARS;
S. 5688--A 3
(B) A PROHIBITION ON THE SALE OR REDISCLOSURE OF THE PERSONAL INFORMA-
TION FOR THE PURPOSE OF MARKETING EXTENDED VEHICLE WARRANTIES;
(C) A REQUIREMENT THAT THE BIDDER OR BIDDERS PROVIDE PROOF OF GENERAL
LIABILITY AND CYBER-THREAT INSURANCE COVERAGE IN AN AMOUNT SPECIFIED BY
THE CONTRACTING AGENCY THAT IS:
(I) IN THE AMOUNT OF THREE MILLION DOLLARS; AND
(II) REASONABLY RELATED TO THE RISKS ASSOCIATED WITH UNAUTHORIZED
ACCESS AND USE OF THE RECORDS;
(D) A REQUIREMENT THAT THE BIDDER OR BIDDERS INCLUDE IN EACH CONTRACT
WITH A THIRD PARTY THAT RECEIVES THE PERSONAL INFORMATION FROM THE
BIDDER OR BIDDERS THAT THE THIRD PARTY MUST COMPLY WITH FEDERAL AND
STATE LAWS REGARDING THE RECORDS;
(E) A REQUIREMENT THAT THE BIDDER OR BIDDERS AND ANY THIRD PARTY
RECEIVING THE PERSONAL INFORMATION FROM THE REQUESTOR PROTECT THE
PERSONAL INFORMATION WITH APPROPRIATE AND ACCEPTED INDUSTRY STANDARD
SECURITY MEASURES FOR THE TYPE OF INFORMATION AND THE KNOWN RISKS FROM
UNAUTHORIZED ACCESS AND USE OF THE INFORMATION; AND
(F) A REQUIREMENT THAT THE BIDDER OR BIDDERS ANNUALLY PROVIDE TO THE
AGENCY A REPORT OF ALL THIRD PARTIES TO WHICH THE PERSONAL INFORMATION
WAS DISCLOSED UNDER THIS SECTION AND THE PURPOSE OF SUCH DISCLOSURE.
§ 2. This act shall take effect immediately.