NY State Senate Bill 2015-S5668A

Senate Bill S5668A

2015-2016 Legislative Session

Provides that registration lists and title information made available to contracting parties may not be used for various purposes without the registrant's consent

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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
Jan 06, 2016	referred to transportation
Jun 25, 2015	recommitted to rules
Jun 18, 2015	amended on third reading 5668a
Jun 18, 2015	ordered to third reading cal.1835 committee discharged and committed to rules
Jun 02, 2015	reported and committed to finance
May 26, 2015	referred to transportation

Votes

- Jun 2, 2015 - Transportation Committee Vote
  S5668A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jun 2, 2015
      
      aye (19)
      
      Avella
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
  Jun 18, 2015 - Rules Committee Vote
  S5668A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Gianaris

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S5668 - Details

See Assembly Version of this Bill:: A2509
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §202, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A517
2011-2012: A172
2013-2014: A1145
2017-2018: A111
2019-2020: A11
2021-2022: A1205

2015-S5668 - Summary

Provides that registration lists and title information made available to contracting parties by the department of motor vehicles may not be used for purposes other than (i) issuance of manufacturer's warranty, safety recall or similar notices, or (ii) statistical compilations without the registrant's express consent.

2015-S5668 - Sponsor Memo

                                BILL NUMBER:S5668

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to consent
for the use of registration lists and title information

PURPOSE:

To better protect the privacy of information contained in motor
vehicle records.

SUMMARY OF PROVISIONS:

The bill would require that information contained in motor vehicle
registration files and sold to the highest responsible bidder(s) be
deleted from such file for all purposes other than motor vehicle
warranty and safety recall notices and statistical compilations,
unless the registrant has provided his or her express written consent.

EXISTING LAW:

Paragraph (b) of subdivision 4 of § 201 of the Vehicle and Traffic Law
authorizes the inclusion of registration information in the file sold
to the highest responsible bidder unless the registrant indicates his
or her desire to have such information deleted.

JUSTIFICATION:

Under current law, the Department of Motor Vehicles is authorized to
contract with the highest bidder for the sale of registration
information contained in the records of all registrations from any
registration period. The term of the contract is limited to two years,
and the sale of the information must be limited to only that portion
of the registration files describing the name and address of the
registered owner of 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.

The law requires DMV to notify each vehicle registrant of the sale of
this information, and provide them with a way to delete their
information for all purposes other than those relating to motor
vehicle warranty, safety recall and similar notices, and for
statistical compilations. However, individuals often still do not know
that the State is selling their personal information and therefore do
not exercise their option to prevent the use of their information.
Requiring that individuals must give their express consent to the sale
of this information would guarantee that people who are unaware of the
practice would automatically achieve deletion, but provide those who
would be interested in receiving direct mail or other types of
commercial solicitations with a method to indicate their desire to
make their personal information available.

LEGISLATIVE HISTORY:

2013-14. A.1145 Referred to Transportation


2011-12: A.172 Referred to Transportation
2009-10: A.517 Referred to Transportation
2007-08. A.78 Referred to Transportation
2005-06: A.3628 Referred to Transportation
2003-04: A.324 Reported/Referred to Ways and Means
2001-02: A.41 Passed Assembly
1999-00: A.8110-A Passed Assembly

FISCAL IMPLICATIONS:

Undetermined potential loss of revenue if individuals decide to
withhold their express consent.

EFFECTIVE DATE:

120 days after enactment.

2015-S5668 - Bill Text download pdf

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

                                  5668

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 26, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 consent  for
  the use of registration lists and title 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
registration  information specified in paragraph (a) of this subdivision
has been or will be furnished to the contracting party.  The commission-
er 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] PROVIDE EXPRESS CONSENT FOR such information [from] IN the contract-
ing party's file TO BE USED FOR PURPOSES  OTHER  THAN  THOSE  LISTED  IN
SUBPARAGRAPHS  (I) AND (II) OF THIS PARAGRAPH.  The contract between the
commissioner and the contracting party shall  provide  that,  [upon  the
request  of  the  registrant] UNLESS THE VEHICLE REGISTRANT HAS PROVIDED
EXPRESS CONSENT AS INDICATED IN A SEPARATE WRITTEN  AUTHORIZATION,  made
in  such  manner  and in such form as shall be prescribed by the commis-
sioner,  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] COMPILATIONS.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law; provided that the commissioner of motor
vehicles is authorized to promulgate any and all rules  and  regulations
and  take  any  other  measures  necessary  to implement this act on its
effective date on or before such date; and  provided  further  that  the
provisions  of  this act shall apply to contracts entered into, altered,
modified, extended, or renewed on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06164-01-5

co-Sponsors

View additional co-sponsors

2015-S5668A (ACTIVE) - Details

See Assembly Version of this Bill:: A2509
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §202, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A517
2011-2012: A172
2013-2014: A1145
2017-2018: A111
2019-2020: A11
2021-2022: A1205

2015-S5668A (ACTIVE) - Summary

2015-S5668A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5668A

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to consent
for the use of registration lists and title information

PURPOSE:

To better protect the privacy of information contained in motor
vehicle records.

SUMMARY OF PROVISIONS:

The bill would require that information contained in motor vehicle
registration files and sold to the highest responsible bidder(s) be
deleted from such file for all purposes other than motor vehicle
warranty and safety recall notices and statistical compilations,
unless the registrant has provided his or her express affirmative
written consent.

EXISTING LAW:

Paragraph (b) of subdivision 4 of § 201 of the Vehicle and Traffic Law
authorizes the inclusion of registration information in the file sold
to the highest responsible bidder unless the registrant indicates his

or her desire to have such information deleted.

JUSTIFICATION:

Under current law, the Department of Motor Vehicles is authorized to
contract with the highest bidder for the sale of registration
information contained in the records of all registrations from any
registration period. The term of the contract is limited to two years,
and the sale of the information must be limited to only that portion
of the registration files describing the name and address of the
registered owner of the vehicle, and the make, model, year, weight,
body style, number of passengers and cylinder's, fuel, license number,
type of registration and transaction, validation and expiration date,
and vehicle identification number.

The law requires DMV to notify each vehicle registrant of the sale of
this information, and provide them with a way to delete their
information for all purposes other than those relating to motor
vehicle warranty, safety recall and similar notices, and for
statistical compilations. However, individuals often still do not know
that the State is selling their personal information and therefore do
not exercise their option to prevent the use of their information
Requiring that individuals must give their express consent to the sale
of this information would guarantee that people who are unaware of the
practice would automatically achieve deletion, but provide those who
would be interested in receiving direct mail or other types of
commercial solicitations with a method to indicate their desire to
make their personal information available.

LEGISLATIVE HISTORY:


2013-14: A.1145 Referred to Transportation
2011-12. A.172 Referred to Transportation
2009-10: A.517 Referred to Transportation
2007-08: A.78 Referred to Transportation
2005-06: A.3628 Referred to Transportation
2003-04: A.324 Reported/Referred to Ways and Means
2001-02: A.41 Passed Assembly
1999-00: A.8110-A Passed Assembly

FISCAL IMPLICATIONS:

Undetermined potential loss of revenue if individuals decide to
withhold their express affirmative consent.

EFFECTIVE DATE:

120 days after enactment.

2015-S5668A (ACTIVE) - Bill Text download pdf

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

                                 5668--A
    Cal. No. 1835

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 26, 2015
                               ___________

Introduced by Sens. GALLIVAN, AMEDORE, FUNKE, HANNON, RITCHIE, ROBACH --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee  on  Transportation  --  reported  favorably  from  said
  committee  and  committed  to  the  Committee  on Finance -- committee
  discharged and said bill  committed  to  the  Committee  on  Rules  --
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to consent  for
  the use of registration lists and title 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
registration  information specified in paragraph (a) of this subdivision
[has been or] will be furnished to the contracting party.   The  commis-
sioner  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] PROVIDE EXPRESS AFFIRMATIVE CONSENT  FOR  such  information
[from  the  contracting  party's file] TO BE SHARED WITH THE CONTRACTING
PARTY WHEN SUCH INFORMATION IS TO BE USED FOR PURPOSES OTHER THAN  THOSE
LISTED  IN  SUBPARAGRAPHS  (I) AND (II) OF THIS PARAGRAPH.  The contract
between the commissioner and the contracting party shall  provide  that,
[upon  the  request of the registrant] UNLESS THE VEHICLE REGISTRANT HAS
PROVIDED EXPRESS AFFIRMATIVE CONSENT AS INDICATED IN A SEPARATE  WRITTEN
AUTHORIZATION,  made  in  such  manner  and  in  such  form  as shall be
prescribed by the commissioner, such registration information shall  NOT
BE  SHARED  WITH  THE  CONTRACTING  PARTY  OR  SHALL be deleted from the
contracting party's file for all purposes,  except:    (i)  issuance  of

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

                                                           LBD06164-02-5

S. 5668--A                          2

manufacturer's  warranty,  safety  recall  or  similar  notices, or (ii)
statistical [complications] COMPILATIONS.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law; provided that the commissioner of motor
vehicles is authorized to promulgate any and all rules  and  regulations
and  take  any  other  measures  necessary  to implement this act on its
effective date on or before such date; and  provided  further  that  the
provisions  of  this act shall apply to contracts entered into, altered,
modified, extended, or renewed on or after such effective date.

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Senate Bill S5668A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2015-S5668 - Details

2015-S5668 - Summary

2015-S5668 - Sponsor Memo

2015-S5668 - Bill Text download pdf

co-Sponsors

2015-S5668A (ACTIVE) - Details

2015-S5668A (ACTIVE) - Summary

2015-S5668A (ACTIVE) - Sponsor Memo

2015-S5668A (ACTIVE) - Bill Text download pdf

Comments