Bill Text: NY S01747 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2019-06-17 - signed chap.37 [S01747 Detail]
Download: New_York-2019-S01747-Amended.html
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: (Passed) 2019-06-17 - signed chap.37 [S01747 Detail]
Download: New_York-2019-S01747-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1747--A 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 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 18 to comply with a lawful court order, judicial warrant signed by a judge 19 appointed pursuant to article III of the United States constitution, or 20 subpoena for individual records issued pursuant to the criminal proce- 21 dure law or the civil practice law and rules. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05648-05-9S. 1747--A 2 1 9. The commissioner shall not disclose or otherwise make accessible 2 original documents or copies of documents collected from non-commercial 3 driver's license or learner's permit applicants or renewal applicants to 4 prove identity, age, or fitness except: (a) to the person who is the 5 subject of such documents; or (b) where expressly required pursuant to 6 chapter three hundred three of part A of subtitle vi of title forty-nine 7 of the United States code; or (c) unless necessary to comply with a 8 lawful court order, judicial warrant signed by a judge appointed pursu- 9 ant to article III of the United States constitution, or subpoena for 10 individual records properly issued pursuant to the criminal procedure 11 law or the civil practice law and rules. 12 10. The commissioner shall not disclose or otherwise make accessible 13 any portion of any record that identifies whether the type of driver's 14 license or learner's permit that a person holds either meets federal 15 standards for identification or does not meet federal standards for 16 identification except: (a) to the person who is the subject of such 17 record; or (b) where expressly required pursuant to chapter three 18 hundred three of part A of subtitle vi of title forty-nine of the United 19 States code; or (c) unless necessary to comply with a lawful court 20 order, judicial warrant signed by a judge appointed pursuant to article 21 III of the United States constitution, or subpoena for individual 22 records properly issued pursuant to the criminal procedure law or the 23 civil practice law and rules. 24 11. For the purposes of this section, whenever a lawful court order, 25 judicial warrant, or subpoena for individual records properly issued 26 pursuant to the criminal procedure law or the civil practice law and 27 rules is presented to the commissioner, only those records, documents, 28 or information specifically sought by such court order, warrant, or 29 subpoena may be disclosed. 30 12. (a) The commissioner, and any agent or employee of the commission- 31 er, shall not disclose or make accessible in any manner records or 32 information that he or she maintains, to any agency that primarily 33 enforces immigration law or to any employee or agent of such agency, 34 unless the commissioner is presented with a lawful court order or judi- 35 cial warrant signed by a judge appointed pursuant to article III of the 36 United States constitution. Upon receiving a request for such records 37 or information from an agency that primarily enforces immigration law, 38 the commissioner shall, no later than three days after such request, 39 notify the individual about whom such information was requested, inform- 40 ing such individual of the request and the identity of the agency that 41 made such request. 42 (b) The commissioner shall require any person or entity that receives 43 or has access to records or information from the department to certify 44 to the commissioner, before such receipt or access, that such person or 45 entity shall not use such records or information for civil immigration 46 purposes or disclose such records or information to any agency that 47 primarily enforces immigration law or to any employee or agent of any 48 such agency. In addition to any records required to be kept pursuant to 49 subdivision (c) of section 2721 of title 18 of the United States code, 50 any person or entity certifying pursuant to this paragraph shall keep 51 for a period of five years records of all uses and identifying each 52 person or entity that received department records or information from 53 such certifying person or entity. Such records shall be maintained in a 54 manner and form prescribed by the commissioner and shall be available 55 for inspection by the commissioner or his or her designee upon his or 56 her request.S. 1747--A 3 1 (c) For purposes of this subdivision, the term "agency that primarily 2 enforces immigration law" shall include, but not be limited to, United 3 States immigration and customs enforcement and United States customs and 4 border protection, and any successor agencies having similar duties. 5 § 3. Subdivision 1 of section 502 of the vehicle and traffic law, as 6 amended by chapter 465 of the laws of 2012, the third undesignated para- 7 graph as amended by chapter 248 of the laws of 2016, is amended to read 8 as follows: 9 1. Application for license. Application for a driver's license shall 10 be made to the commissioner. The fee prescribed by law may be submitted 11 with such application. The applicant shall furnish such proof of identi- 12 ty, age, and fitness as may be required by the commissioner. With 13 respect to a non-commercial driver's license or learner's permit which 14 does not meet federal standards for identification, in addition to the 15 acceptable proofs of age and identity approved by the commissioner as of 16 January first, two thousand nineteen, acceptable proof of identity shall 17 also include, but not be limited to, a valid, unexpired foreign passport 18 issued by the applicant's country of citizenship (which shall also be 19 eligible as proof of age), a valid, unexpired consular identification 20 document issued by a consulate from the applicant's country of citizen- 21 ship, or a valid foreign driver's license that includes a photo image of 22 the applicant and which is unexpired or expired for less than twenty- 23 four months of its date of expiration, as primary forms of such proof. 24 Nothing contained in this subdivision shall be deemed to preclude the 25 commissioner from approving additional proofs of identity and age. The 26 commissioner may also provide that the application procedure shall 27 include the taking of a photo image or images of the applicant in 28 accordance with rules and regulations prescribed by the commissioner. In 29 addition, the commissioner also shall require that the applicant provide 30 his or her social security number [and] or, in lieu thereof, with 31 respect to an application for a non-commercial driver's license or 32 learner's permit which does not meet federal standards for identifica- 33 tion, an affidavit signed by such applicant that they have not been 34 issued a social security number. The commissioner also shall provide 35 space on the application so that the applicant may register in the New 36 York state organ and tissue donor registry under section forty-three 37 hundred ten of the public health law with the following stated on the 38 application in clear and conspicuous type: 39 "You must fill out the following section: Would you like to be added 40 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 41 tion'." 42 The commissioner of health shall not maintain records of any person 43 who checks "skip this question". Except where the application is made in 44 person or electronically, failure to check a box shall not impair the 45 validity of an application, and failure to check "yes" or checking "skip 46 this question" shall not be construed to imply a wish not to donate. In 47 the case of an applicant under eighteen years of age, checking "yes" 48 shall not constitute consent to make an anatomical gift or registration 49 in the donate life registry, except as otherwise provided pursuant to 50 the provisions of paragraph (b) of subdivision one of section forty- 51 three hundred one of the public health law. Where an applicant has 52 previously consented to make an anatomical gift or registered in the 53 donate life registry, checking "skip this question" or failing to check 54 a box shall not impair that consent or registration. In addition, an 55 applicant for a commercial driver's license who will operate a commer- 56 cial motor vehicle in interstate commerce shall certify that such appli-S. 1747--A 4 1 cant meets the requirements to operate a commercial motor vehicle, as 2 set forth in public law 99-570, title XII, and title 49 of the code of 3 federal regulations, and all regulations promulgated by the United 4 States secretary of transportation under the hazardous materials trans- 5 portation act. In addition, an applicant for a commercial driver's 6 license shall submit a medical certificate at such intervals as required 7 by the federal motor carrier safety improvement act of 1999 and Part 8 383.71(h) of title 49 of the code of federal regulations relating to 9 medical certification and in a manner prescribed by the commissioner. 10 For purposes of this section and sections five hundred three, five 11 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 12 certificate" and "medical certification" shall mean a form substantially 13 in compliance with the form set forth in Part 391.43(h) of title 49 of 14 the code of federal regulations. Upon a determination that the holder of 15 a commercial driver's license has made any false statement, with respect 16 to the application for such license, the commissioner shall revoke such 17 license. 18 § 4. Subdivision 7 of section 502 of the vehicle and traffic law is 19 REPEALED and two new subdivisions 7 and 8 are added to read as 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" in a font no 46 larger than the smallest font otherwise appearing on the face of such 47 license and permit. Provided, however, that the commissioner may promul- 48 gate regulations providing for additional design or color indicators for 49 both such non-commercial drivers' licenses and learners' permits if 50 required to comply with federal law. 51 (b) Applicants for a non-commercial driver's license or learner's 52 permit or a renewal thereof shall not be required to prove that they are 53 lawfully present in the United States. 54 (c) Application forms for non-commercial drivers' licenses and lear- 55 ners' permits which do not meet federal standards for identification or 56 for renewal thereof shall not state (i) the documents an applicant usedS. 1747--A 5 1 to prove age or identity, or (ii) an applicant's ineligibility for a 2 social security number where applicable, or (iii) an applicant's citi- 3 zenship or immigration status. 4 (d) The commissioner and any agent or employee of the commissioner 5 shall not retain the documents or copies of documents presented by 6 applicants for non-commercial drivers' licenses or learners' permits 7 which do not meet federal standards for identification to prove age or 8 identity except for a limited period necessary to ensure the validity 9 and authenticity of such documents. 10 (e) (i) A non-commercial driver's license or learner's permit which 11 does not meet federal standards for identification shall not be used as 12 evidence of a person's citizenship or immigration status, and shall not 13 be the basis for investigating, arresting, or detaining a person. (ii) 14 Neither the commissioner nor any agent or employee of the commissioner 15 shall inquire about the citizenship or immigration status of any appli- 16 cant for a non-commercial driver's license or learner's permit which 17 does not meet federal standards for identification. 18 § 5. Subdivisions 2 and 3 of section 508 of the vehicle and traffic 19 law, as added by chapter 780 of the laws of 1972, are amended to read as 20 follows: 21 2. Any application required to be filed under this article shall be in 22 a manner and on a form or forms prescribed by the commissioner. The 23 applicant shall furnish all information required by statute and, except 24 as otherwise provided in this title, such other information as the 25 commissioner shall deem appropriate. 26 3. License record. The commissioner shall keep a record of every 27 license issued which record shall be open to public inspection during 28 reasonable business hours. Provided, however, that the following infor- 29 mation whenever contained within the record of non-commercial drivers' 30 licenses and learners' permits shall not be open to public inspection: 31 the photo image, social security number, client identification number, 32 name, address, telephone number, place of birth, country of origin, 33 place of employment, school or educational institution attended, source 34 of income, status as a recipient of public benefits, the customer iden- 35 tification number associated with a public utilities account, medical 36 information or disability information of any holders of, or applicants 37 for, such licenses and permits, and whether such licenses or permits 38 meet federal standards for identification or do not meet federal stand- 39 ards for identification. Neither the commissioner nor his agent shall be 40 required to allow the inspection of an application, or to furnish a copy 41 thereof, or information therefrom, until a license has been issued ther- 42 eon. 43 § 6. Any system or method established by the commissioner of motor 44 vehicles to determine eligibility for a non-commercial driver's license 45 or learner's permit which does not meet federal standards for identifi- 46 cation shall not be structured in a manner that substantially disadvan- 47 tages or denies such licenses or permits to applicants who do not have 48 social security numbers or who use documents issued by a foreign govern- 49 ment to prove age or identity. 50 § 7. This act shall take effect on the one hundred eightieth day after 51 it shall have become a law. Effective immediately, the addition, amend- 52 ment and/or repeal of any rule or regulation necessary for the implemen- 53 tation of this act on its effective date are authorized to be made and 54 completed on or before such date.
