S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10077
 
                           I N  A S S E M B L Y
 
                                May 3, 2024
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  permitting
   the retention of electronic dealer records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2114 of the vehicle and traffic law,  as  added  by
 chapter  1134 of the laws of 1971, subdivision (a) as amended by chapter
 521 of the laws of 1972 and subdivision (b) as amended by chapter 843 of
 the laws of 1980, is amended to read as follows:
   § 2114. Transfer to or from dealer; records. (a) If a  dealer  buys  a
 vehicle  and  holds  it for resale and procures the certificate of title
 from the owner within ten days after delivery to [him]  SUCH  DEALER  of
 the  vehicle,  [he]  SUCH  DEALER  need  not send the certificate to the
 commissioner but, upon transferring the vehicle to another person  other
 than  by the creation of a security interest, shall promptly execute the
 assignment and warranty of title by a  dealer,  showing  the  names  and
 addresses  of  the  transferee  and of any lienholder holding a security
 interest created or reserved at the time of the resale,  in  the  spaces
 provided  therefor on the certificate or as the commissioner prescribes,
 and mail or  deliver  the  certificate  to  the  commissioner  with  the
 transferee's  application  for  a  new  certificate.  The assignment and
 warranty of title by a dealer required by this section shall  include  a
 statement, signed by the dealer stating either (i) any facts or informa-
 tion known to [him] SUCH DEALER that could reasonably affect the validi-
 ty  of  the title of the vehicle, or (ii) that no such facts or informa-
 tion are known to [him] SUCH DEALER.
   (b) Every dealer shall maintain a record in the form and for a  period
 of  time  the  commissioner  prescribes of every vehicle bought, sold or
 exchanged by [him] SUCH DEALER, or received by  [him]  SUCH  DEALER  for
 sale  or exchange, which shall be open to inspection by a representative
 of the commissioner, a peace officer, when acting pursuant to [his] SUCH
 PEACE OFFICER'S special duties, or a police  officer  during  reasonable
 business  hours.  ALL  RECORDS SUBJECT TO THIS SECTION WITHOUT EXCLUSION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14830-01-4
 A. 10077                            2
 
 MAY BE RETAINED ELECTRONICALLY PROVIDED THE RECORDS CAN BE ACCESSED  AND
 PROVIDED  TO  THE  REQUESTOR  DURING  REASONABLE BUSINESS HOURS. RECORDS
 RETAINED ELECTRONICALLY SHALL NOT BE REQUIRED TO BE RETAINED IN PHYSICAL
 FORM.
   § 2. This act shall take effect immediately.