Relates to the implementation of an interface between the department of motor vehicles and the state police to compare information submitted to the department

BILL NUMBER:S4787

Title of bill

An act to amend the vehicle and traffic law, in relation to the development and implementation of an interface between the department of motor vehicles and the state police for the purpose of comparing information submitted by individuals engaging in in-person, mail or internet transactions with the department of motor vehicles to open criminal warrants

Purpose

To establish an interface with the New York State Police Information Network, such that information submitted by individuals engaging in in-person, mail, or internet transactions with the department of motor vehicles shall be compared to open criminal warrants.

Summary of provisions

Section 1 is amended by adding a new § 399-p which empowers the commissioner of the department of motor vehicles to establish a program to allow the department to interface with the New York State Police Information Network, such that information submitted by individuals engaging in in-person, mail, or internet transactions with the department of motor vehicles shall be compared to open criminal warrants, and charges the commissioner, in conjunction with the divisions of state police, criminal justice services, and the office for technology, with the development and implementation of such interface, according to standards provided in Section 1.

Section 1 specifically prohibits any alerts to the department of motor vehicles or its employees of the results of the interface process.

Section 1 continues to mandate that information resulting from the interface process shall only be transmitted to a law enforcement agency for use in carrying out its functions pursuant to the federal driver's privacy protection act, and that the operation of the interface shall be a joint effort of the department of motor vehicles and the division of the state police. Further, the superintendent of the state police shall develop protocols and training to ensure the safety of all department employees and customers.

Section 2 provides that the commissioner of the department of motor vehicles shall implement the interface within twelve months of the effective date of the act and shall promulgate all rules and regulations he or she deems necessary to implement the utilization of the interface.

Section 3 provides that the act shall take effect immediately.

Justification

State and local law enforcement can access DMV records during traffic stops and investigations, yet cannot interface with the New York State Police Information Network (NYSPIN) for a nationwide check for any open felony warrants against a DMV customer. As a result, potentially dangerous felons may escape the security net. This legislation will establish an interface between the DMV and NYSPIN to check the status of warrants on a DMV customer, and on automated discovery, allow the DMV to contact the Office of Field Investigations. This DMV/OFI contact is already routine when a customer presents an altered title or insurance card, or a fraudulent social security card.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.