What's happening
This bill allows the DMV to contract with private or public entities to share limited driver license and record information, subject to federal privacy laws.
Why it matters
Expands access to certain DMV records. By permitting contracts with private and public entities, the bill could enable wider use of driving record data for purposes like insurance, research, or public safety initiatives, potentially impacting how businesses and agencies interact with driver information.
Limits the specific data shared. Only a narrowly-defined set of information (license number, state, violation and disposition details, etc.) is eligible for sharing, which aims to balance operational needs with individual privacy concerns.
Exempts contracted data from standard fees. Records provided under these contracts won't be subject to the usual fees for DMV records, possibly reducing costs for organizations that need regular access, and influencing how DMV monetizes data.
Requires compliance with federal privacy law. Any entity receiving the data must sign a written agreement to adhere to the federal Driver’s Privacy Protection Act, introducing legal safeguards against misuse and offering recourse if data is mishandled.
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Who cares
Headline styles
Share License Data Safely
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Share Driver Records With Companies
In Assembly Committee · Transportation · Sponsor William Magnarelli
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7690
IN SENATE
February 7, 2020
Introduced by Sen. BRESLIN -- 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 driver's license lists and operating record information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 202 of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows:
6. Driver's license lists and operating record information. The commissioner may contract with private companies or public entities to provide lists of driver's license and partial operating records maintained and collected by the department pursuant to this chapter. The fees provided by this section shall not apply to copies of records furnished under any such contract. Any such contract shall be limited to only that part of the driver's license and operating record describing the: driver's license number, driver's license state of issuance, violation date, summons number, violation description, disposition date, disposition description and scofflaw information. The department shall not furnish such information except upon execution by the recipient of a written agreement to comply with the federal Driver's Privacy Protection Act of 1994, as amended, (18 U.S.C. § 2721 et seq.).
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13244-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to driver's license lists and operating record information
Purpose
To allow the Department of Motor Vehicles (DMV) to contract with private companies or public entities to provide driver's license numbers, driv- er's license state of insurance, violation date, summons number, violation description, disposition date, disposition description and scofflaw information.
Summary of provisions
Section 1 adds new subdivision 6 to § 202 of the Vehicle and Traffic Law authorizing DMV to contract with private companies or public entities to provide driver's license numbers, driver's license state of insurance, violation date, summons number, violation description, disposition date, disposition description and scofflaw information.
Read the full memo (679 words)
Section 2 establishes the effective date.
Justification
Currently, operating record information, like traffic and criminal traf- fic conviction information, is available under New York Freedom of Information laws (FOIL). The information has been produced in response to recent FOIL requests. This specific driver's license information is subject to the federal Driver's Privacy Protection Act of 1994 (18 U.S.C. 0 2721 et seq.) (DPPA) which establishes protections for the information and consumers. The DPPA restricts the Commissioner's disclo- sure of driver's license information to authorized recipients with spec- ified permissible uses established in the law, including for use by insurers or insurance support organizations in connection with claims investigation activities and insurance underwriting and rating or when a consumer has provided express consent.
Authorized recipients of driver's license information may only disclose or resell the information for the permissible uses set forth in the federal law. The DPPA also establishes enforcement methods. The Commis- sioner may review an authorized recipient's compliance with the law. Persons who violate the DPPA may be subject to criminal fines and a consumer whose information was obtained, disclosed, or used for an impermissible use may bring a civil action. Driver's license and operat- ing record information allows insurers to align rates to actual driver behavior, consistent with New York automobile insurance underwriting and rating laws which prohibit the use of certain factors unrelated to an individual's driving ability. The information may also be used to iden- tify recalled vehicles and verify information related to a commercial driver's license.
Allowing the Commissioner to contract for the provision of driver's license and operating record information in bulk establishes an alterna- tive, consistent stream of revenue for the State and would allow for development of a method to deliver information in a manner that is less burdensome and less time consuming than responding to a FOIL request. Motor vehicle records (MVR), like driver's license and operating records, represent insurers', single largest expense associated with underwriting new automobile insurance underwriting. Many insurers no longer order MVRs on all drivers and instead use other methods to deter- mine when an MVR should be ordered or whether a driving record is not required for certain individuals, resulting in decreased in MVR trans- actions in a State. However, an analysis of a state that began providing bulk data in late 2015 showed that the bulk product contributed to a total revenue increase of 24% over a three year period. Consumer's also benefit from the use of the information by obtaining a more accurate quote earlier in the underwriting process.
Proper consideration of driver records in all instances also allows insurers to more accurately determine each consumer's premium and reduce the possibility of better drivers having to subsidize those with a poor driving record, resulting in a fairer marketplace. At least 21 other states provide driver's license and operating record information whereby driver's license information is provided for one or more DPPA permissi- ble uses. This legislation would help New York state drivers have more accurate premium ratings and protect an important DMV revenue stream by clarifying the Commissioner of DMV has the current authority to enter into contractual arrangement to receive MVR bulk data as authorized by the federal Driver's Privacy Protection Act of 1994 (18 U.S.C. S 2721 et seq.).
Legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.