Bill S4787-2011

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

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.

Details

Actions

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

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 5, 2012
Ayes (14): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Stavisky, Valesky
Ayes W/R (3): Adams, Kennedy, Squadron
Nays (1): Perkins
Excused (1): Smith

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 ยง 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4787 2011-2012 Regular Sessions IN 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.
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.

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