STATE OF NEW YORK
________________________________________________________________________
1262
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the
retention of motor vehicle records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (i) of subdivision 1 of
2 section 201 of the vehicle and traffic law, as amended by section 2 of
3 part E of chapter 60 of the laws of 2005, is amended to read as follows:
4 (i) any accident reports filed with the commissioner, conviction
5 certificates, police reports, complaints, satisfied judgment records,
6 closed suspension and revocation orders, hearing records, other than
7 audio tape recordings of hearings, and significant correspondence relat-
8 ing to any of the same[, and any other record on file] after remaining
9 on file for four years except that if the commissioner shall receive,
10 during the last year of such period of four years, written notice to
11 retain one or more of such papers or documents, the same shall be
12 retained for another four years in addition to said period of four
13 years. The provisions of this paragraph shall not apply to certificates
14 of conviction filed with respect to convictions which affect sentencing
15 or administrative action required by law beyond such four year period.
16 Such certificates may be destroyed after they have no legal effect on
17 sentencing or administrative action;
18 § 2. Subdivision 1 of section 201 of the vehicle and traffic law is
19 amended by adding a new paragraph (l) to read as follows:
20 (l) For any other record not specified in this section, the commis-
21 sioner or his or her designee shall establish a retention schedule in
22 consultation with the state archives pursuant to section 57.05 of the
23 arts and cultural affairs law.
24 § 3. This act shall take effect on the ninetieth day after it shall
25 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05746-01-3