Relates to driver's license lists and operating record information

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic3

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Jeremy Cooney says this is needed

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. § 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 specified 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 where- by driver's license information is provided for one or more DPPA permis- sible 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. § 2721 et seq.).

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.