A04088 Summary:
| BILL NO | A04088 |
| SAME AS | SAME AS S01156 |
| SPONSOR | Cunningham |
| COSPNSR | |
| MLTSPNSR | |
| Amd §2114, V & T L | |
| Permits the retention of electronic dealer records provided that such records can be accessed and provided to a requestor during reasonable business hours. | |
A04088 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 4088 2025-2026 Regular Sessions IN ASSEMBLY January 31, 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 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: 1 Section 1. Section 2114 of the vehicle and traffic law, as added by 2 chapter 1134 of the laws of 1971, subdivision (a) as amended by chapter 3 521 of the laws of 1972 and subdivision (b) as amended by chapter 843 of 4 the laws of 1980, is amended to read as follows: 5 § 2114. Transfer to or from dealer; records. (a) If a dealer buys a 6 vehicle and holds it for resale and procures the certificate of title 7 from the owner within ten days after delivery to [him] such dealer of 8 the vehicle, [he] such dealer need not send the certificate to the 9 commissioner but, upon transferring the vehicle to another person other 10 than by the creation of a security interest, shall promptly execute the 11 assignment and warranty of title by a dealer, showing the names and 12 addresses of the transferee and of any lienholder holding a security 13 interest created or reserved at the time of the resale, in the spaces 14 provided therefor on the certificate or as the commissioner prescribes, 15 and mail or deliver the certificate to the commissioner with the 16 transferee's application for a new certificate. The assignment and 17 warranty of title by a dealer required by this section shall include a 18 statement, signed by the dealer stating either (i) any facts or informa- 19 tion known to [him] such dealer that could reasonably affect the validi- 20 ty of the title of the vehicle, or (ii) that no such facts or informa- 21 tion are known to [him] such dealer. 22 (b) Every dealer shall maintain a record in the form and for a period 23 of time the commissioner prescribes of every vehicle bought, sold or 24 exchanged by [him] such dealer, or received by [him] such dealer for 25 sale or exchange, which shall be open to inspection by a representative EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03586-01-5A. 4088 2 1 of the commissioner, a peace officer, when acting pursuant to [his] such 2 peace officer's special duties, or a police officer during reasonable 3 business hours. All records subject to this section without exclusion 4 may be retained electronically provided the records can be accessed and 5 provided to the requestor during reasonable business hours. Records 6 retained electronically shall not be required to be retained in physical 7 form. 8 § 2. This act shall take effect immediately.