A 7868: 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 ________________________________________________________________________ 7868 2025-2026 Regular Sessions  IN ASSEMBLY 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: 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 
 A. 7868 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.