Bill Text: NY S01747 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes the department of motor vehicles to issue standard drivers' licenses and restricts what information can be retained and given out on those applying or holding standard drivers' licenses.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced) 2019-06-17 - SUBSTITUTED BY A3675B [S01747 Detail]

Download: New_York-2019-S01747-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1747--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 16, 2019
                                       ___________

        Introduced  by  Sens.  SEPULVEDA,  BAILEY,  BENJAMIN,  BIAGGI, CARLUCCI,
          COMRIE, GIANARIS, GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAVANAGH,
          KRUEGER,  LIU,  MAY,  MAYER, MONTGOMERY, MYRIE, PARKER, RAMOS, RIVERA,
          SALAZAR, SANDERS, SERRANO, STAVISKY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law, in relation to the issuance
          of non-commercial drivers' licenses  and  learners'  permits;  and  to
          repeal  certain  provisions  of  such law relating to driver's license
          applications

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

     1    Section  1.  This act shall be known and may be cited as the "driver's
     2  license access and privacy act".
     3    § 2. Section 201 of the vehicle and traffic law is amended  by  adding
     4  five new subdivisions 8, 9, 10, 11, and 12 to read as follows:
     5    8.  Any portion of any record retained by the commissioner in relation
     6  to a non-commercial driver's license or learner's permit application  or
     7  renewal  application  that  contains  the  photo image or identifies the
     8  social security number, telephone number, place  of  birth,  country  of
     9  origin, place of employment, school or educational institution attended,
    10  source of income, status as a recipient of public benefits, the customer
    11  identification  number  associated  with  a  public  utilities  account,
    12  medical information or disability  information  of  the  holder  of,  or
    13  applicant  for,  such license or permit is not a public record and shall
    14  not be disclosed in response to any request for records except:  (a)  to
    15  the  person  who  is the subject of such records; or (b) where expressly
    16  required pursuant to chapter three hundred three of part A  of  subtitle
    17  vi of title forty-nine of the United States code; or (c) where necessary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05648-07-9

        S. 1747--B                          2

     1  to  comply with a lawful court order, judicial warrant signed by a judge
     2  appointed pursuant to article III of the United States constitution,  or
     3  subpoena  for  individual records issued pursuant to the criminal proce-
     4  dure law or the civil practice law and rules.
     5    9.  The  commissioner  shall not disclose or otherwise make accessible
     6  original documents or copies of documents collected from  non-commercial
     7  driver's license or learner's permit applicants or renewal applicants to
     8  prove  identity,  age,  or  fitness except: (a) to the person who is the
     9  subject of such documents; or (b) where expressly required  pursuant  to
    10  chapter three hundred three of part A of subtitle vi of title forty-nine
    11  of  the  United  States  code;  or (c) unless necessary to comply with a
    12  lawful court order, judicial warrant signed by a judge appointed  pursu-
    13  ant  to  article  III of the United States constitution, or subpoena for
    14  individual records properly issued pursuant to  the  criminal  procedure
    15  law or the civil practice law and rules.
    16    10.  The  commissioner shall not disclose or otherwise make accessible
    17  any portion of any record that identifies whether the type  of  driver's
    18  license  or  learner's  permit  that a person holds either meets federal
    19  standards for identification or does  not  meet  federal  standards  for
    20  identification  except:    (a)  to the person who is the subject of such
    21  record; or (b)  where  expressly  required  pursuant  to  chapter  three
    22  hundred three of part A of subtitle vi of title forty-nine of the United
    23  States  code;  or  (c)  unless  necessary  to comply with a lawful court
    24  order, judicial warrant signed by a judge appointed pursuant to  article
    25  III  of  the  United  States  constitution,  or  subpoena for individual
    26  records properly issued pursuant to the criminal procedure  law  or  the
    27  civil practice law and rules.
    28    11.  For  the purposes of this section, whenever a lawful court order,
    29  judicial warrant, or subpoena for  individual  records  properly  issued
    30  pursuant  to  the  criminal  procedure law or the civil practice law and
    31  rules is presented to the commissioner, only those  records,  documents,
    32  or  information  specifically  sought  by  such court order, warrant, or
    33  subpoena may be disclosed.
    34    12. (a) Except as required for the commissioner to issue  or  renew  a
    35  driver's  license  or  learner's permit that meets federal standards for
    36  identification, the commissioner, and  any  agent  or  employee  of  the
    37  commissioner,  shall  not  disclose  or  make  accessible  in any manner
    38  records or information that he or she  maintains,  to  any  agency  that
    39  primarily  enforces  immigration law or to any employee or agent of such
    40  agency, unless the commissioner is presented with a lawful  court  order
    41  or  judicial warrant signed by a judge appointed pursuant to article III
    42  of the United States constitution.  Upon receiving a  request  for  such
    43  records  or  information  from  an  agency that primarily enforces immi-
    44  gration law, the commissioner shall, no later than three days after such
    45  request,  notify  the  individual  about  whom  such   information   was
    46  requested,  informing such individual of the request and the identity of
    47  the agency that made such request.
    48    (b) The commissioner shall require any person or entity that  receives
    49  or  has  access to records or information from the department to certify
    50  to the commissioner, before such receipt or access, that such person  or
    51  entity  shall  not  (i)  use such records or information for civil immi-
    52  gration purposes or (ii) disclose such records  or  information  to  any
    53  agency  that  primarily  enforces  immigration law or to any employee or
    54  agent of any such agency unless such disclosure is pursuant to a cooper-
    55  ative  arrangement  between  city,  state  and  federal  agencies  which
    56  arrangement  does  not  enforce  immigration law and which disclosure is

        S. 1747--B                          3

     1  limited to the specific records or information being sought pursuant  to
     2  such arrangement.  In addition to any records required to be kept pursu-
     3  ant  to subdivision (c) of section 2721 of title 18 of the United States
     4  code,  any  person or entity certifying pursuant to this paragraph shall
     5  keep for a period of five years records of all uses and identifying each
     6  person or entity that primarily enforces immigration law  that  received
     7  department records or information from such certifying person or entity.
     8  Such  records shall be maintained in a manner and form prescribed by the
     9  commissioner and shall be available for inspection by  the  commissioner
    10  or his or her designee upon his or her request.
    11    (c)  For purposes of this subdivision, the term "agency that primarily
    12  enforces immigration law" shall include, but not be limited  to,  United
    13  States immigration and customs enforcement and United States customs and
    14  border protection, and any successor agencies having similar duties.
    15    §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
    16  amended by chapter 465 of the laws of 2012, the third undesignated para-
    17  graph as amended by chapter 248 of the laws of 2016, is amended to  read
    18  as follows:
    19    1.  Application  for license. Application for a driver's license shall
    20  be made to the commissioner. The fee prescribed by law may be  submitted
    21  with such application. The applicant shall furnish such proof of identi-
    22  ty,  age,  and  fitness  as  may be required by the commissioner.   With
    23  respect to a non-commercial driver's license or learner's  permit  which
    24  does  not  meet federal standards for identification, in addition to the
    25  acceptable proofs of age and identity approved by the commissioner as of
    26  January first, two thousand nineteen, acceptable proof of identity shall
    27  also include, but not be limited to, a valid, unexpired foreign passport
    28  issued by the applicant's country of citizenship (which  shall  also  be
    29  eligible  as  proof  of age), a valid, unexpired consular identification
    30  document issued by a consulate from the applicant's country of  citizen-
    31  ship, or a valid foreign driver's license that includes a photo image of
    32  the  applicant  and  which is unexpired or expired for less than twenty-
    33  four months of its date of expiration, as primary forms of  such  proof.
    34  Nothing  contained  in  this subdivision shall be deemed to preclude the
    35  commissioner from approving additional proofs of identity and  age.  The
    36  commissioner  may  also  provide  that  the  application procedure shall
    37  include the taking of a photo  image  or  images  of  the  applicant  in
    38  accordance with rules and regulations prescribed by the commissioner. In
    39  addition, the commissioner also shall require that the applicant provide
    40  his  or  her  social  security  number  [and]  or, in lieu thereof, with
    41  respect to an application  for  a  non-commercial  driver's  license  or
    42  learner's  permit  which does not meet federal standards for identifica-
    43  tion, an affidavit signed by such applicant  that  they  have  not  been
    44  issued  a  social  security  number. The commissioner also shall provide
    45  space on the application so that the applicant may register in  the  New
    46  York  state  organ  and  tissue donor registry under section forty-three
    47  hundred ten of the public health law with the following  stated  on  the
    48  application in clear and conspicuous type:
    49    "You  must  fill out the following section: Would you like to be added
    50  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    51  tion'."
    52    The  commissioner  of  health shall not maintain records of any person
    53  who checks "skip this question". Except where the application is made in
    54  person or electronically, failure to check a box shall  not  impair  the
    55  validity of an application, and failure to check "yes" or checking "skip
    56  this  question" shall not be construed to imply a wish not to donate. In

        S. 1747--B                          4

     1  the case of an applicant under eighteen years  of  age,  checking  "yes"
     2  shall  not constitute consent to make an anatomical gift or registration
     3  in the donate life registry, except as otherwise  provided  pursuant  to
     4  the  provisions  of  paragraph  (b) of subdivision one of section forty-
     5  three hundred one of the public  health  law.  Where  an  applicant  has
     6  previously  consented  to  make  an anatomical gift or registered in the
     7  donate life registry, checking "skip this question" or failing to  check
     8  a  box  shall  not  impair that consent or registration. In addition, an
     9  applicant for a commercial driver's license who will operate  a  commer-
    10  cial motor vehicle in interstate commerce shall certify that such appli-
    11  cant  meets  the  requirements to operate a commercial motor vehicle, as
    12  set forth in public law 99-570, title XII, and title 49 of the  code  of
    13  federal  regulations,  and  all  regulations  promulgated  by the United
    14  States secretary of transportation under the hazardous materials  trans-
    15  portation  act.  In  addition,  an  applicant  for a commercial driver's
    16  license shall submit a medical certificate at such intervals as required
    17  by the federal motor carrier safety improvement act  of  1999  and  Part
    18  383.71(h)  of  title  49  of the code of federal regulations relating to
    19  medical certification and in a manner prescribed  by  the  commissioner.
    20  For  purposes  of  this  section  and  sections five hundred three, five
    21  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    22  certificate" and "medical certification" shall mean a form substantially
    23  in compliance with the form set forth in Part 391.43(h) of title  49  of
    24  the code of federal regulations. Upon a determination that the holder of
    25  a commercial driver's license has made any false statement, with respect
    26  to  the application for such license, the commissioner shall revoke such
    27  license.
    28    § 4. Paragraph (a) of subdivision 6 of section 502 of the vehicle  and
    29  traffic law, as amended by section 3 of part K of chapter 59 of the laws
    30  of 2009, is amended to read as follows:
    31    (a)  A  license  issued  pursuant  to subdivision five of this section
    32  shall be valid until the expiration date contained thereon, unless  such
    33  license  is suspended, revoked or cancelled. Such license may be renewed
    34  by submission of an application for renewal, the fee prescribed by  law,
    35  proofs  of  prior licensing, fitness and acceptable vision prescribed by
    36  the commissioner, the applicant's social security  number  or,  in  lieu
    37  thereof,  with  respect  to an application for a non-commercial driver's
    38  license or learner's permit which does not meet  federal  standards  for
    39  identification, an affidavit signed by such applicant that they have not
    40  been issued a social security number, and if required by the commission-
    41  er,  a  photo  image  of  the  applicant in such numbers and form as the
    42  commissioner shall prescribe.  In addition, an applicant for renewal  of
    43  a  license  containing  a  hazardous  material endorsement shall pass an
    44  examination to retain such endorsement.  The  commissioner  shall,  with
    45  respect to the renewal of a hazardous materials endorsement, comply with
    46  the  requirements imposed upon states by sections 383.141 and 1572.13 of
    47  title 49 of the code of federal regulations. A renewal of  such  license
    48  shall  be  issued by the commissioner upon approval of such application,
    49  except that no such license shall be issued if  its  issuance  would  be
    50  inconsistent with the provisions of section five hundred sixteen of this
    51  title, and except that the commissioner may refuse to renew such license
    52  if the applicant is the holder of a currently valid or renewable license
    53  to drive issued by another state or foreign country unless the applicant
    54  surrenders such license.
    55    §  5.  Subdivision  7 of section 502 of the vehicle and traffic law is
    56  REPEALED and two new subdivisions 7 and 8 are added to read as follows:

        S. 1747--B                          5

     1    7. Selective service act.  The  commissioner  shall  provide  separate
     2  space  on the application for a learner's permit, driver's license, non-
     3  driver identification card, or renewal thereof so that any person who is
     4  at least eighteen years of age but less than twenty-six years of age who
     5  applies to the commissioner for such permit, license, or card or renewal
     6  thereof  may  opt  to  register with the selective service in accordance
     7  with 50 U.S.C. App 451 et. seq., as amended, if such person  is  subject
     8  to  such act, and consent to have the commissioner forward the necessary
     9  personal information in accordance with this subdivision.  Such  consent
    10  shall  be  separate  from  any  other certification or signature on such
    11  application. The commissioner shall include on the application  a  brief
    12  statement  about  the requirement of the law, a citation of the act, and
    13  the consequences for failing to meet the same.  The  commissioner  shall
    14  forward  to  the  selective service system, in an electronic format, the
    15  necessary personal information required for registration only  of  indi-
    16  viduals  who  have  affirmatively  opted and consented, pursuant to this
    17  subdivision, to authorize the commissioner to forward  such  information
    18  to the selective service system.
    19    8. Non-commercial drivers' licenses and learners' permits which do not
    20  meet  federal  standards for identification. (a) Non-commercial drivers'
    21  licenses and learners' permits which do not meet federal  standards  for
    22  identification  shall  be  issued in such form as the commissioner shall
    23  determine, provided that such licenses and  permits  shall  be  visually
    24  identical  to  non-commercial  drivers'  licenses  and learners' permits
    25  which do meet federal standards  for  identification  except  that  such
    26  licenses  and  permits  may  state "Not for Federal Purposes". Provided,
    27  however, that the commissioner may promulgate regulations providing  for
    28  additional design or color indicators for both such non-commercial driv-
    29  ers'  licenses  and learners' permits if required to comply with federal
    30  law.
    31    (b) Applicants for a  non-commercial  driver's  license  or  learner's
    32  permit or a renewal thereof shall not be required to prove that they are
    33  lawfully present in the United States.
    34    (c)  Application  forms for non-commercial drivers' licenses and lear-
    35  ners' permits which do not meet federal standards for identification  or
    36  for  renewal thereof shall not state (i) the documents an applicant used
    37  to prove age or identity, or (ii) an  applicant's  ineligibility  for  a
    38  social  security  number where applicable, or (iii) an applicant's citi-
    39  zenship or immigration status.
    40    (d) The commissioner and any agent or  employee  of  the  commissioner
    41  shall  not  retain  the  documents  or  copies of documents presented by
    42  applicants for non-commercial drivers'  licenses  or  learners'  permits
    43  which  do  not meet federal standards for identification to prove age or
    44  identity except for a limited period necessary to  ensure  the  validity
    45  and authenticity of such documents.
    46    (e)  (i)  A  non-commercial driver's license or learner's permit which
    47  does not meet federal standards for identification shall not be used  as
    48  evidence  of a person's citizenship or immigration status, and shall not
    49  be the basis for investigating, arresting, or detaining a person.   (ii)
    50  Neither  the  commissioner nor any agent or employee of the commissioner
    51  shall inquire about the citizenship or immigration status of any  appli-
    52  cant  for  a  non-commercial  driver's license or learner's permit which
    53  does not meet federal standards for identification.
    54    § 6. Subdivisions 2 and 3 of section 508 of the  vehicle  and  traffic
    55  law, as added by chapter 780 of the laws of 1972, are amended to read as
    56  follows:

        S. 1747--B                          6

     1    2. Any application required to be filed under this article shall be in
     2  a  manner  and  on  a  form or forms prescribed by the commissioner. The
     3  applicant shall furnish all information required by statute and,  except
     4  as  otherwise  provided  in  this  title,  such other information as the
     5  commissioner shall deem appropriate.
     6    3.  License  record.  The  commissioner  shall  keep a record of every
     7  license issued which record shall be open to  public  inspection  during
     8  reasonable  business hours. Provided, however, that the following infor-
     9  mation whenever contained within the record of  non-commercial  drivers'
    10  licenses  and  learners' permits shall not be open to public inspection:
    11  the photo image, social security number, client  identification  number,
    12  name,  address,  telephone  number,  place  of birth, country of origin,
    13  place of employment, school or educational institution attended,  source
    14  of  income, status as a recipient of public benefits, the customer iden-
    15  tification number associated with a public  utilities  account,  medical
    16  information  or  disability information of any holders of, or applicants
    17  for, such licenses and permits, and whether  such  licenses  or  permits
    18  meet  federal standards for identification or do not meet federal stand-
    19  ards for identification. Neither the commissioner nor his agent shall be
    20  required to allow the inspection of an application, or to furnish a copy
    21  thereof, or information therefrom, until a license has been issued ther-
    22  eon.
    23    § 7. Any system or method established by  the  commissioner  of  motor
    24  vehicles  to determine eligibility for a non-commercial driver's license
    25  or learner's permit which does not meet federal standards for  identifi-
    26  cation  shall not be structured in a manner that substantially disadvan-
    27  tages or denies such licenses or permits to applicants who do  not  have
    28  social security numbers or who use documents issued by a foreign govern-
    29  ment to prove age or identity.
    30    § 8. This act shall take effect on the one hundred eightieth day after
    31  it shall have become a law.  Effective immediately, the addition, amend-
    32  ment and/or repeal of any rule or regulation necessary for the implemen-
    33  tation  of  this act on its effective date are authorized to be made and
    34  completed on or before such date.
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