Bill Text: NY A10178 | 2019-2020 | General Assembly | Introduced

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Bill Title: Repeals the "driver's license access and privacy act".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-24 - referred to transportation [A10178 Detail]

Download: New_York-2019-A10178-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10178

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
          Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in  relation  to  repealing
          the  "driver's  license access and privacy act"; and to repeal certain
          provisions of such law and chapter 37 of the laws  of  2019,  amending
          the  vehicle  and traffic law, relating to the issuance of non-commer-
          cial drivers' licenses and learners' permits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions  8,  9, 10, 11, and 12 of section 201 of the
     2  vehicle and traffic law are REPEALED.
     3    § 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
     4  amended  by  chapter  37  of  the  laws  of  2019, is amended to read as
     5  follows:
     6    1. Application for license. Application for a driver's  license  shall
     7  be  made to the commissioner. The fee prescribed by law may be submitted
     8  with such application. The applicant shall furnish such proof of identi-
     9  ty, age, and fitness as may  be  required  by  the  commissioner.  [With
    10  respect  to  a non-commercial driver's license or learner's permit which
    11  does not meet federal standards for identification, in addition  to  the
    12  acceptable proofs of age and identity approved by the commissioner as of
    13  January first, two thousand nineteen, acceptable proof of identity shall
    14  also include, but not be limited to, a valid, unexpired foreign passport
    15  issued  by  the  applicant's country of citizenship (which shall also be
    16  eligible as proof of age), a valid,  unexpired  consular  identification
    17  document  issued by a consulate from the applicant's country of citizen-
    18  ship, or a valid foreign driver's license that includes a photo image of
    19  the applicant and which is unexpired or expired for  less  than  twenty-
    20  four  months  of its date of expiration, as primary forms of such proof.
    21  Nothing contained in this subdivision shall be deemed  to  preclude  the
    22  commissioner  from approving additional proofs of identity and age.] The
    23  commissioner may also  provide  that  the  application  procedure  shall
    24  include  the  taking  of  a  photo  image  or images of the applicant in
    25  accordance with rules and regulations prescribed by the commissioner. In

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15525-01-0
        A. 10178                            2

     1  addition, the commissioner also shall require that the applicant provide
     2  his or her social security number [or, in lieu thereof, with respect  to
     3  an application for a non-commercial driver's license or learner's permit
     4  which  does  not meet federal standards for identification, an affidavit
     5  signed by such applicant that they have not been issued a social securi-
     6  ty number. The commissioner also] and shall provide space on the  appli-
     7  cation  so  that  the applicant may register in the New York state organ
     8  and tissue donor registry under section forty-three hundred ten  of  the
     9  public  health law with the following stated on the application in clear
    10  and conspicuous type:
    11    "You must fill out the following section: Would you like to  be  added
    12  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    13  tion'."
    14    The commissioner of health shall not maintain records  of  any  person
    15  who checks "skip this question". Except where the application is made in
    16  person  or  electronically,  failure to check a box shall not impair the
    17  validity of an application, and failure to check "yes" or checking "skip
    18  this question" shall not be construed to imply a wish not to donate.  In
    19  the  case  of  an  applicant under eighteen years of age, checking "yes"
    20  shall not constitute consent to make an anatomical gift or  registration
    21  in  the  donate  life registry, except as otherwise provided pursuant to
    22  the provisions of paragraph (b) of subdivision  one  of  section  forty-
    23  three  hundred  one  of  the  public  health law. Where an applicant has
    24  previously consented to make an anatomical gift  or  registered  in  the
    25  donate  life registry, checking "skip this question" or failing to check
    26  a box shall not impair that consent or  registration.  In  addition,  an
    27  applicant  for  a commercial driver's license who will operate a commer-
    28  cial motor vehicle in interstate commerce shall certify that such appli-
    29  cant meets the requirements to operate a commercial  motor  vehicle,  as
    30  set  forth  in public law 99-570, title XII, and title 49 of the code of
    31  federal regulations, and  all  regulations  promulgated  by  the  United
    32  States  secretary of transportation under the hazardous materials trans-
    33  portation act. In addition,  an  applicant  for  a  commercial  driver's
    34  license shall submit a medical certificate at such intervals as required
    35  by  the  federal  motor  carrier safety improvement act of 1999 and Part
    36  383.71(h) of title 49 of the code of  federal  regulations  relating  to
    37  medical  certification  and  in a manner prescribed by the commissioner.
    38  For purposes of this section  and  sections  five  hundred  three,  five
    39  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    40  certificate" and "medical certification" shall mean a form substantially
    41  in  compliance  with the form set forth in Part 391.43(h) of title 49 of
    42  the code of federal regulations. Upon a determination that the holder of
    43  a commercial driver's license has made any false statement, with respect
    44  to the application for such license, the commissioner shall revoke  such
    45  license.
    46    §  3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
    47  traffic law, as amended by chapter 37 of the laws of 2019, is amended to
    48  read as follows:
    49    (a) A license issued pursuant to  subdivision  five  of  this  section
    50  shall  be valid until the expiration date contained thereon, unless such
    51  license is suspended, revoked or cancelled. Such license may be  renewed
    52  by  submission of an application for renewal, the fee prescribed by law,
    53  proofs of prior licensing, fitness and acceptable vision  prescribed  by
    54  the  commissioner,  the  applicant's social security number [or, in lieu
    55  thereof, with respect to an application for  a  non-commercial  driver's
    56  license  or  learner's  permit which does not meet federal standards for
        A. 10178                            3

     1  identification, an affidavit signed by such applicant that they have not
     2  been issued a social security number], and if required  by  the  commis-
     3  sioner,  a  photo image of the applicant in such numbers and form as the
     4  commissioner shall prescribe. In addition, an applicant for renewal of a
     5  license  containing a hazardous material endorsement shall pass an exam-
     6  ination to retain such endorsement. The commissioner shall, with respect
     7  to the renewal of a hazardous materials  endorsement,  comply  with  the
     8  requirements  imposed  upon  states  by  sections 383.141 and 1572.13 of
     9  title 49 of the code of federal regulations. A renewal of  such  license
    10  shall  be  issued by the commissioner upon approval of such application,
    11  except that no such license shall be issued if  its  issuance  would  be
    12  inconsistent with the provisions of section five hundred sixteen of this
    13  title, and except that the commissioner may refuse to renew such license
    14  if the applicant is the holder of a currently valid or renewable license
    15  to drive issued by another state or foreign country unless the applicant
    16  surrenders such license.
    17    §  4.  Subdivisions  7 and 8 of section 502 of the vehicle and traffic
    18  law, as added by chapter 37 of the laws of 2019, are amended to read  as
    19  follows:
    20    7.  [Selective  service  act.  The commissioner shall provide separate
    21  space on the application for a learner's permit, driver's license,  non-
    22  driver identification card, or renewal thereof so that any person who is
    23  at least eighteen years of age but less than twenty-six years of age who
    24  applies to the commissioner for such permit, license, or card or renewal
    25  thereof  may  opt  to  register with the selective service in accordance
    26  with 50 U.S.C. App 451 et. seq., as amended, if such person  is  subject
    27  to  such act, and consent to have the commissioner forward the necessary
    28  personal information in accordance with this subdivision.  Such  consent
    29  shall  be  separate  from  any  other certification or signature on such
    30  application. The commissioner shall include on the application  a  brief
    31  statement  about  the requirement of the law, a citation of the act, and
    32  the consequences for failing to meet the same.  The  commissioner  shall
    33  forward  to  the  selective service system, in an electronic format, the
    34  necessary personal information required for registration only  of  indi-
    35  viduals  who  have  affirmatively  opted and consented, pursuant to this
    36  subdivision, to authorize the commissioner to forward  such  information
    37  to the selective service system.
    38    8. Non-commercial drivers' licenses and learners' permits which do not
    39  meet  federal  standards for identification. (a) Non-commercial drivers'
    40  licenses and learners' permits which do not meet federal  standards  for
    41  identification  shall  be  issued in such form as the commissioner shall
    42  determine, provided that such licenses and  permits  shall  be  visually
    43  identical  to  non-commercial  drivers'  licenses  and learners' permits
    44  which do meet federal standards  for  identification  except  that  such
    45  licenses  and  permits  may  state "Not for Federal Purposes". Provided,
    46  however, that the commissioner may promulgate regulations providing  for
    47  additional design or color indicators for both such non-commercial driv-
    48  ers'  licenses  and learners' permits if required to comply with federal
    49  law.
    50    (b) Applicants for a  non-commercial  driver's  license  or  learner's
    51  permit or a renewal thereof shall not be required to prove that they are
    52  lawfully present in the United States.
    53    (c)  Application  forms for non-commercial drivers' licenses and lear-
    54  ners' permits which do not meet federal standards for identification  or
    55  for  renewal thereof shall not state (i) the documents an applicant used
    56  to prove age or identity, or (ii) an  applicant's  ineligibility  for  a
        A. 10178                            4

     1  social  security  number where applicable, or (iii) an applicant's citi-
     2  zenship or immigration status.
     3    (d)  The  commissioner  and  any agent or employee of the commissioner
     4  shall not retain the documents  or  copies  of  documents  presented  by
     5  applicants  for  non-commercial  drivers'  licenses or learners' permits
     6  which do not meet federal standards for identification to prove  age  or
     7  identity  except  for  a limited period necessary to ensure the validity
     8  and authenticity of such documents.
     9    (e) (i) A non-commercial driver's license or  learner's  permit  which
    10  does  not meet federal standards for identification shall not be used as
    11  evidence of a person's citizenship or immigration status, and shall  not
    12  be  the  basis for investigating, arresting, or detaining a person. (ii)
    13  Neither the commissioner nor any agent or employee of  the  commissioner
    14  shall  inquire about the citizenship or immigration status of any appli-
    15  cant for a non-commercial driver's license  or  learner's  permit  which
    16  does  not  meet  federal  standards for identification.] Compliance with
    17  selective service act required. (a) All persons who are at  least  eigh-
    18  teen years of age but less than twenty-six years of age who apply to the
    19  commissioner  for  a  learner's  permit,  driver's  license,  renewal of
    20  license, or non-driver's identification card, shall either:  (i)  be  in
    21  compliance  with  the requirements of the military selective service act
    22  as provided for pursuant to 50 U.S.C. App 451 et. seq., as  amended,  or
    23  (ii)  consent  to permit the commissioner to forward such information as
    24  is required to register  such  individual  with  the  selective  service
    25  system, if such individual must be registered pursuant to such act.
    26    (b)  The commissioner shall forward in an electronic format the neces-
    27  sary personal information required for registration of such  individuals
    28  specified  in  paragraph  (a)  of  this  subdivision  with the selective
    29  service system. Such individual's application to the commissioner for  a
    30  learner's  permit, driver's license, renewal of license, or non-driver's
    31  identification card shall serve as an indication that the applicant  has
    32  already  registered with the military selective service act or that such
    33  individual is authorizing the commissioner to forward to  the  selective
    34  service  system  the  necessary  information  for such selective service
    35  registration. The commissioner  shall  notify  such  applicants  on  the
    36  application  form  that any application for a learner's permit, driver's
    37  license, renewal of license, or non-driver's identification  card  shall
    38  serve  as consent to be registered with the selective service system, if
    39  so required by federal law.
    40    § 5. Subdivisions 2 and 3 of section 508 of the  vehicle  and  traffic
    41  law,  as  amended by chapter 37 of the laws of 2019, are amended to read
    42  as follows:
    43    2. Any application required to be filed under this article shall be in
    44  a manner and on a form or forms  prescribed  by  the  commissioner.  The
    45  applicant shall furnish all information required by statute and[, except
    46  as  otherwise  provided  in  this  title,] such other information as the
    47  commissioner shall deem appropriate.
    48    3. License record. The commissioner  shall  keep  a  record  of  every
    49  license  issued  which  record shall be open to public inspection during
    50  reasonable business hours. [Provided, however, that the following infor-
    51  mation whenever contained within the record of  non-commercial  drivers'
    52  licenses  and  learners' permits shall not be open to public inspection:
    53  the photo image, social security number, client  identification  number,
    54  name,  address,  telephone  number,  place  of birth, country of origin,
    55  place of employment, school or educational institution attended,  source
    56  of  income, status as a recipient of public benefits, the customer iden-
        A. 10178                            5

     1  tification number associated with a public  utilities  account,  medical
     2  information  or  disability information of any holders of, or applicants
     3  for, such licenses and permits, and whether  such  licenses  or  permits
     4  meet  federal standards for identification or do not meet federal stand-
     5  ards for identification.] Neither the commissioner nor his  agent  shall
     6  be  required  to allow the inspection of an application, or to furnish a
     7  copy thereof, or information therefrom, until a license has been  issued
     8  thereon.
     9    § 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle
    10  and  traffic  law,  relating  to the issuance of non-commercial drivers'
    11  licenses and learners' permits, is REPEALED.
    12    § 7. This act shall take effect immediately.