Bill Text: NY A01205 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides that registration lists and title information made available to contracting parties by the department of motor vehicles may not be used for purposes other than issuance of manufacturer's warranty, safety recall or similar notices, or statistical compilations without the registrant's express consent.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A01205 Detail]

Download: New_York-2021-A01205-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1205

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by  M.  of  A.  CAHILL, J. M. GIGLIO, FITZPATRICK, BRABENEC,
          STECK, McDONOUGH, PEOPLES-STOKES, HAWLEY -- Multi-Sponsored by  --  M.
          of  A.  ENGLEBRIGHT,  RA -- read once and referred to the Committee on
          Transportation

        AN ACT to amend the vehicle and traffic law, in relation to consent  for
          the use of registration lists and title information

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 4 of section 202 of the  vehi-
     2  cle  and  traffic law, as amended by chapter 293 of the laws of 1989, is
     3  amended to read as follows:
     4    (b) The commissioner shall notify each  vehicle  registrant  that  the
     5  registration  information specified in paragraph (a) of this subdivision
     6  [has been or] will be furnished to the contracting party.   The  commis-
     7  sioner  shall  inform each vehicle registrant when such registrant first
     8  makes application for a vehicle registration  or  when  such  registrant
     9  applies  to  renew  an existing vehicle registration how to [achieve the
    10  deletion of] provide express affirmative consent  for  such  information
    11  [from  the  contracting  party's file] to be shared with the contracting
    12  party when such information is to be used for purposes other than  those
    13  listed  in  subparagraphs  (i) and (ii) of this paragraph.  The contract
    14  between the commissioner and the contracting party shall  provide  that,
    15  [upon  the  request of the registrant] unless the vehicle registrant has
    16  provided express affirmative consent as indicated in a separate  written
    17  authorization,  made  in  such  manner  and  in  such  form  as shall be
    18  prescribed by the commissioner, such registration information shall  not
    19  be  shared  with  the  contracting  party  or  shall be deleted from the
    20  contracting party's file for all purposes,  except:    (i)  issuance  of
    21  manufacturer's  warranty,  safety  recall  or  similar  notices, or (ii)
    22  statistical [complications] compilations.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01207-01-1

        A. 1205                             2

     1    § 2. This act shall take effect on the one hundred twentieth day after
     2  it shall have become a law; provided  that  the  commissioner  of  motor
     3  vehicles  is  authorized to promulgate any and all rules and regulations
     4  and take any other measures necessary  to  implement  this  act  on  its
     5  effective  date  on  or  before such date; and provided further that the
     6  provisions of this act shall apply to contracts entered  into,  altered,
     7  modified, extended, or renewed on or after such effective date.
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