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Panel backs plan to post active abandoned-vehicle applications online, with federal privacy caveat
Summary
Representative Tomlinson's amendment would require the DMV to publish active applications for abandoned-vehicle certificates on a DMV webpage so owners can locate and reclaim vehicles; DMV said it supports posting but must comply with the federal Driver Privacy Protection Act (DPPA); committee straw poll showed strong support.
Representative Tomlinson presented an amendment on Tuesday that would require the Department of Motor Vehicles to post on its website when an application for an abandoned-vehicle certificate has been filed, giving vehicle owners an additional way to discover and reclaim their property.
Tomlinson said the online posting would be an alternate method when certified mail does not reach a vehicle owner, and the website would include contact information so owners could offer proof of ownership and follow up. Matt Russo, deputy commissioner for the DMV, told the committee the agency "has no issue with posting it on our website for information" but reiterated the DMV is bound by the Driver Privacy Protection Act.
Legal limits: Damian Leonard of the Office of Legislative Council reviewed the DPPA for the committee and noted that the federal law restricts disclosure of highly restricted personal information obtained in motor-vehicle records (photographs, Social Security numbers, medical data) but contains exceptions for notices to owners of towed or impounded vehicles. Leonard also said the DPPA "does not encompass the VIN or registration plate," and recommended inserting language into the amendment specifying posting "to the extent permitted by federal law." That phrase was added to the draft during the session.
Timing and scope: Committee staff said a statutory notice procedure generally provides a 21-day period from the date a certified notice is mailed before a certificate can issue; if a second certified notice is required, the clock runs 21 days from that second mailing. Tomlinson's amendment is narrowly targeted to publish active applications during the actionable window while allowing DMV discretion about how long to retain records online.
Procedure: The chair reported a straw-poll tally of 10-0-1 in favor of presenting the Tomlinson amendment between second and third reading. DMV and legislative counsel said clerks and sponsoring members will coordinate formal filing and printing prior to the scheduled third-reading consideration.
The committee adjourned after confirming next steps.
