S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7868
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 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 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 5-a 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
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09568-01-5
 A. 7868                             2
 
 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.
   (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.
   5-A. 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;
   (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.