Relates 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.

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S4787-2011 Actions

• Jun 5, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Apr 25, 2011: REFERRED TO TRANSPORTATION

S4787-2011 Meetings

Transportation: Jun 6, 2012

S4787-2011 Votes

S4787-2011 Memo

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.

S4787-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4787

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 25, 2011
                                 ___________

  Introduced  by Sen. McDONALD -- 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 the develop-
    ment 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

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  The  vehicle  and  traffic law is amended by adding a new
  section 399-p to read as follows:

    S 399-P. POLICE INFORMATION INTERFACE.    1.  THE  COMMISSIONER  SHALL
  ESTABLISH  A  PROGRAM  TO ALLOW THE DEPARTMENT TO INTERFACE WITH THE NEW
  YORK STATE POLICE INFORMATION NETWORK (NYSPIN),  SUCH  THAT  INFORMATION
  SUBMITTED  BY INDIVIDUALS ENGAGING IN IN-PERSON, MAIL OR INTERNET TRANS-
  ACTIONS WITH THE DEPARTMENT SHALL BE COMPARED TO OPEN CRIMINAL WARRANTS.
  THE COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF STATE POLICE,  THE
  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, AND THE OFFICE FOR TECHNOLOGY
  SHALL DEVELOP AND IMPLEMENT SUCH INTERFACE, PURSUANT  TO  THE  FOLLOWING
  STANDARDS.
    2. THE INTERFACE SHALL AUTOMATICALLY CONDUCT A REAL-TIME COMPARISON OF
  TRANSACTIONAL  INFORMATION ENTERED INTO DEPARTMENT DATABASES AND CURRENT
  WARRANT INFORMATION CONTAINED IN NYSPIN. WHEN SUCH COMPARISON  YIELDS  A
  CORRELATION  SUFFICIENT  TO  BE CONSIDERED A MATCH, AS DETERMINED BY THE
  DIVISION OF STATE POLICE,  A  COMPUTERIZED  SYSTEM  SHALL  AUTOMATICALLY
  TRANSMIT ALL DEPARTMENT INFORMATION PERTINENT TO THE WARRANT TO STATE OR
  LOCAL  LAW  ENFORCEMENT. THE COMPUTERIZED SYSTEM SHALL NOT, AT ANY TIME,
  ALERT THE DEPARTMENT OR ITS EMPLOYEES OF THE RESULTS  OF  THE  INTERFACE
  PROCESS.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11024-01-1

 S. 4787                             2

    3. DEPARTMENT INFORMATION THAT SHALL BE TRANSMITTED TO LAW ENFORCEMENT
  AGENCIES  MAY  INCLUDE,  BUT IS NOT LIMITED TO: PHOTOGRAPHS AND PHYSICAL
  CHARACTERISTICS OF AN INDIVIDUAL, DESCRIPTIONS OF VEHICLES REGISTERED TO
  AND/OR OWNED BY AN INDIVIDUAL, THE LAST KNOWN ADDRESS AND CONTACT INFOR-
  MATION  OF AN INDIVIDUAL, THE PRESENT LOCATION OF AN INDIVIDUAL, AND THE
  DRIVER IDENTIFICATION AND SOCIAL SECURITY NUMBERS OF AN INDIVIDUAL. SUCH
  INFORMATION 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 (18 U.S.C. S 2721 ET. SEQ.).
    4. OPERATION AND MAINTENANCE OF THE INTERFACE  SHALL  BE  BY  A  JOINT
  EFFORT OF THE DEPARTMENT AND THE DIVISION OF STATE POLICE.
    5.  THE SUPERINTENDENT OF THE STATE POLICE SHALL DEVELOP PROTOCOLS AND
  IMPLEMENT TRAINING TO ENSURE THE SAFETY OF ALL DEPARTMENT EMPLOYEES  AND
  CUSTOMERS. SUCH PROTOCOLS AND TRAINING SHALL INCLUDE, BUT ARE NOT LIMIT-
  ED  TO,  PROCEDURES  FOR  THE  EXECUTION OF A WARRANT BY LAW ENFORCEMENT
  AGENTS WHEN A MATCH RESULTS FROM INFORMATION  YIELDED  BY  AN  IN-PERSON
  TRANSACTION.
    S  2.  Within  twelve  months  of  the effective date of this act, the
  commissioner of the department of motor  vehicles  shall  implement  the
  interface  described in section one of this act and shall promulgate all
  rules and regulations he or she deems necessary to implement the  utili-
  zation of the interface.
    S 3. This act shall take effect immediately.