Bill Text: NY S06631 | 2019-2020 | General Assembly | Introduced
Bill Title: Repeals the driver's license access and privacy act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-08-11 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06631 Detail]
Download: New_York-2019-S06631-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6631 2019-2020 Regular Sessions IN SENATE July 12, 2019 ___________ Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to repealing the driver's license access and privacy act; to repeal certain provisions of such law relating thereto; and to repeal section 7 of chapter 39 of the laws of 2019, amending the vehicle and traffic law relating to the issuance of non-commercial drivers' licenses and lear- ners' 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 Subdivisions 8, 9, 10, 11, and 12 of section 201 of the 2 vehicle and traffic law are REPEALED. 3 § 2.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. [With10respect to a non-commercial driver's license or learner's permit which11does not meet federal standards for identification, in addition to the12acceptable proofs of age and identity approved by the commissioner as of13January first, two thousand nineteen, acceptable proof of identity shall14also include, but not be limited to, a valid, unexpired foreign passport15issued by the applicant's country of citizenship (which shall also be16eligible as proof of age), a valid, unexpired consular identification17document issued by a consulate from the applicant's country of citizen-18ship, or a valid foreign driver's license that includes a photo image of19the applicant and which is unexpired or expired for less than twenty-20four months of its date of expiration, as primary forms of such proof.21Nothing contained in this subdivision shall be deemed to preclude theEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13487-01-9S. 6631 2 1commissioner from approving additional proofs of identity and age.] The 2 commissioner may also provide that the application procedure shall 3 include the taking of a photo image or images of the applicant in 4 accordance with rules and regulations prescribed by the commissioner. In 5 addition, the commissioner also shall require that the applicant provide 6 his or her social security number [or, in lieu thereof, with respect to7an application for a non-commercial driver's license or learner's permit8which does not meet federal standards for identification, an affidavit9signed by such applicant that they have not been issued a social securi-10ty number. The commissioner also] and shall provide space on the appli- 11 cation so that the applicant may register in the New York state organ 12 and tissue donor registry under section forty-three hundred ten of the 13 public health law with the following stated on the application in clear 14 and conspicuous type: 15 "You must fill out the following section: Would you like to be added 16 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 17 tion'." 18 The commissioner of health shall not maintain records of any person 19 who checks "skip this question". Except where the application is made in 20 person or electronically, failure to check a box shall not impair the 21 validity of an application, and failure to check "yes" or checking "skip 22 this question" shall not be construed to imply a wish not to donate. In 23 the case of an applicant under eighteen years of age, checking "yes" 24 shall not constitute consent to make an anatomical gift or registration 25 in the donate life registry, except as otherwise provided pursuant to 26 the provisions of paragraph (b) of subdivision one of section forty- 27 three hundred one of the public health law. Where an applicant has 28 previously consented to make an anatomical gift or registered in the 29 donate life registry, checking "skip this question" or failing to check 30 a box shall not impair that consent or registration. In addition, an 31 applicant for a commercial driver's license who will operate a commer- 32 cial motor vehicle in interstate commerce shall certify that such appli- 33 cant meets the requirements to operate a commercial motor vehicle, as 34 set forth in public law 99-570, title XII, and title 49 of the code of 35 federal regulations, and all regulations promulgated by the United 36 States secretary of transportation under the hazardous materials trans- 37 portation act. In addition, an applicant for a commercial driver's 38 license shall submit a medical certificate at such intervals as required 39 by the federal motor carrier safety improvement act of 1999 and Part 40 383.71(h) of title 49 of the code of federal regulations relating to 41 medical certification and in a manner prescribed by the commissioner. 42 For purposes of this section and sections five hundred three, five 43 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 44 certificate" and "medical certification" shall mean a form substantially 45 in compliance with the form set forth in Part 391.43(h) of title 49 of 46 the code of federal regulations. Upon a determination that the holder of 47 a commercial driver's license has made any false statement, with respect 48 to the application for such license, the commissioner shall revoke such 49 license. 50 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 51 traffic law, as amended by chapter 37 of the laws of 2019, is amended to 52 read as follows: 53 (a) A license issued pursuant to subdivision five of this section 54 shall be valid until the expiration date contained thereon, unless such 55 license is suspended, revoked or cancelled. Such license may be renewed 56 by submission of an application for renewal, the fee prescribed by law,S. 6631 3 1 proofs of prior licensing, fitness and acceptable vision prescribed by 2 the commissioner, the applicant's social security number [or, in lieu3thereof, with respect to an application for a non-commercial driver's4license or learner's permit which does not meet federal standards for5identification, an affidavit signed by such applicant that they have not6been issued a social security number], and if required by the commis- 7 sioner, a photo image of the applicant in such numbers and form as the 8 commissioner shall prescribe. In addition, an applicant for renewal of a 9 license containing a hazardous material endorsement shall pass an exam- 10 ination to retain such endorsement. The commissioner shall, with respect 11 to the renewal of a hazardous materials endorsement, comply with the 12 requirements imposed upon states by sections 383.141 and 1572.13 of 13 title 49 of the code of federal regulations. A renewal of such license 14 shall be issued by the commissioner upon approval of such application, 15 except that no such license shall be issued if its issuance would be 16 inconsistent with the provisions of section five hundred sixteen of this 17 title, and except that the commissioner may refuse to renew such license 18 if the applicant is the holder of a currently valid or renewable license 19 to drive issued by another state or foreign country unless the applicant 20 surrenders such license. 21 § 4. Subdivisions 7 and 8 of section 502 of the vehicle and traffic 22 law are REPEALED and a new subdivision 7 is added to read as follows: 23 7. Compliance with selective service act required. (a) All persons who 24 are at least eighteen years of age but less than twenty-six years of age 25 who apply to the commissioner for a learner's permit, driver's license, 26 renewal of license, or non-driver's identification card, shall either: 27 (i) be in compliance with the requirements of the military selective 28 service act as provided for pursuant to 50 U.S.C. App 451 et. seq., as 29 amended, or (ii) consent to permit the commissioner to forward such 30 information as is required to register such individual with the selec- 31 tive service system, if such individual must be registered pursuant to 32 such act. 33 (b) The commissioner shall forward in an electronic format the neces- 34 sary personal information required for registration of such individuals 35 specified in paragraph (a) of this subdivision with the selective 36 service system. Such individual's application to the commissioner for a 37 learner's permit, driver's license, renewal of license or non-driver's 38 identification card shall serve as an indication that the applicant has 39 already registered with the military selective service act or that such 40 individual is authorizing the commissioner to forward to the selective 41 service system the necessary information for such selective service 42 registration. The commissioner shall notify such applicants on the 43 application form that any application for a learner's permit, driver's 44 license, renewal of license or non-driver's identification card shall 45 serve as consent to be registered with the selective service system, if 46 so required by federal law. 47 § 5. Subdivisions 2 and 3 of section 508 of the vehicle and traffic 48 law, as amended by chapter 37 of the laws of 2019, are amended to read 49 as follows: 50 2. Any application required to be filed under this article shall be in 51 a manner and on a form or forms prescribed by the commissioner. The 52 applicant shall furnish all information required by statute and[, except53as otherwise provided in this title,] such other information as the 54 commissioner shall deem appropriate. 55 3. License record. The commissioner shall keep a record of every 56 license issued which record shall be open to public inspection duringS. 6631 4 1 reasonable business hours. [Provided, however, that the following infor-2mation whenever contained within the record of non-commercial drivers'3licenses and learners' permits shall not be open to public inspection:4the photo image, social security number, client identification number,5name, address, telephone number, place of birth, country of origin,6place of employment, school or educational institution attended, source7of income, status as a recipient of public benefits, the customer iden-8tification number associated with a public utilities account, medical9information or disability information of any holders of, or applicants10for, such licenses and permits, and whether such licenses or permits11meet federal standards for identification or do not meet federal stand-12ards for identification.] Neither the commissioner nor his agent shall 13 be required to allow the inspection of an application, or to furnish a 14 copy thereof, or information therefrom, until a license has been issued 15 thereon. 16 § 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle 17 and traffic law relating to the issuance of non-commercial drivers' 18 licenses and learners' permits, is REPEALED. 19 § 7. This act shall take effect on the same date and same manner as 20 chapter 37 of the laws of 2019, takes effect. Effective immediately, the 21 addition, amendment and/or repeal of any rule or regulation necessary 22 for the implementation of this act on its effective date are authorized 23 to be made and completed on or before such date.