Provides that the commissioner of motor vehicles shall affix a cost for the sale of registration lists and title information or other records in bulk at the annual cost not to exceed $1,520,000; authorizes such commissioner to impose other requirements; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
5688
2025-2026 Regular Sessions
IN SENATE
February 27, 2025
___________
Introduced by Sen. COONEY -- 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 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:
1 Section 1. Subdivision 4 of section 202 of the vehicle and traffic
2 law, as amended by chapter 61 of the laws of 1989, the subdivision head-
3 ing and paragraphs (a) and (e) as amended by chapter 496 of the laws of
4 1995, and paragraph (b) as amended by chapter 293 of the laws of 1989,
5 is amended and a new subdivision 5-a is added to read as follows:
6 4. Registration lists and title information. (a) The commissioner
7 shall have discretion to contract with [the highest responsible] any
8 successful bidder or bidders to furnish the registration information
9 specified in this section from the records of all vehicle registrations
10 from any registration period, or number of periods not exceeding five
11 years in the aggregate, with respect to a given territory or information
12 on titles. In such event, the fees provided by this section shall not
13 apply to copies of records furnished under any such contract. Any such
14 contract entered into by the commissioner pursuant to this section shall
15 not be for a term of more than two years and shall contain language
16 prohibiting [the] any successful bidder or bidders from assigning the
17 contract and from any use or resale of the information received which
18 use or resale is contrary to the public policy of this state or is
19 contrary to the public morals or welfare. In addition, any such sale of
20 registration information shall be limited to only that part of the vehi-
21 cle registration records describing the name and address of the owner of
22 the vehicle and the make, model, year, weight, body style, number of
23 passengers and cylinders, fuel, license number, type of registration and
24 transaction, validation and expiration date and vehicle identification
25 number of the vehicle.
26 (a-1) The commissioner shall affix a cost for the sale of such lists
27 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
S. 5688 2
1 not to exceed the annual cost of one million five hundred twenty thou-
2 sand dollars ($1,520,000).
3 (b) The commissioner shall notify each vehicle registrant that the
4 registration information specified in paragraph (a) of this subdivision
5 has been or will be furnished to the contracting party. The commissioner
6 shall inform each vehicle registrant when such registrant first makes
7 application for a vehicle registration or when such registrant applies
8 to renew an existing vehicle registration how to achieve the deletion of
9 such information from the contracting party's file. The contract between
10 the commissioner and the contracting party shall provide that, upon the
11 request of the registrant made in such manner and in such form as shall
12 be prescribed by the commissioner, such registration information shall
13 be deleted from the contracting party's file for all purposes, except:
14 (i) issuance of manufacturer's warranty, safety recall or similar
15 notices, or (ii) statistical complications, or (iii) for use by any
16 insurer or by a self-insured entity or its agents, employees, or
17 contractor, in connection with motor vehicle claims investigation activ-
18 ities, antifraud activities, rating or underwriting.
19 (c) Any material violation of the terms of such contract by [the] any
20 successful bidder or bidders not corrected or discontinued within thirty
21 days following receipt of notice of such violation will automatically
22 cancel and void its contract with the commissioner and disqualify it
23 from bidding for the five successive years following such cancellation.
24 (d) Any contract authorized by this section shall be subject to the
25 provisions of article nine of the state finance law.
26 (e) The commissioner may from time to time require that the contract-
27 ing party pursuant to this section submit written reports, in form
28 satisfactory to the commissioner, concerning the use of such registra-
29 tion or title information.
30 5-a. The commissioner may require:
31 (a) Each successful bidder or bidders to post a performance bond in an
32 amount of not more than one million dollars;
33 (b) A prohibition on the sale or redisclosure of the personal informa-
34 tion for the purpose of marketing extended vehicle warranties;
35 (c) A requirement that the bidder or bidders provide proof of general
36 liability and cyber-threat insurance coverage in an amount specified by
37 the contracting agency that is:
38 (i) In the amount of three million dollars; and
39 (ii) Reasonably related to the risks associated with unauthorized
40 access and use of the records;
41 (d) A requirement that the bidder or bidders include in each contract
42 with a third party that receives the personal information from the
43 bidder or bidders that the third party must comply with federal and
44 state laws regarding the records;
45 (e) A requirement that the bidder or bidders and any third party
46 receiving the personal information from the requestor protect the
47 personal information with appropriate and accepted industry standard
48 security measures for the type of information and the known risks from
49 unauthorized access and use of the information; and
50 (f) A requirement that the bidder or bidders annually provide to the
51 agency a report of all third parties to which the personal information
52 was disclosed under this section and the purpose of such disclosure.
53 § 2. This act shall take effect immediately.
