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     2  vehicle and traffic law are REPEALED.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.  [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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13487-01-9

        S. 6631                             2

     1  commissioner  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 to
     7  an application for a non-commercial driver's license or learner's permit
     8  which does not meet federal standards for identification,  an  affidavit
     9  signed by such applicant that they have not been issued a social securi-
    10  ty  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  lieu
     3  thereof,  with  respect  to an application for a non-commercial driver's
     4  license  or  learner's  permit which does not meet federal standards for
     5  identification, an affidavit signed by such applicant that they have not
     6  been 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[, except
    53  as 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  during

        S. 6631                             4

     1  reasonable business hours. [Provided, however, that the following infor-
     2  mation  whenever  contained within the record of non-commercial drivers'
     3  licenses and learners' permits shall not be open to  public  inspection:
     4  the  photo  image, social security number, client identification number,
     5  name, address, telephone number, place  of  birth,  country  of  origin,
     6  place  of employment, school or educational institution attended, source
     7  of income, status as a recipient of public benefits, the customer  iden-
     8  tification  number  associated  with a public utilities account, medical
     9  information or disability information of any holders of,  or  applicants
    10  for,  such  licenses  and  permits, and whether such licenses or permits
    11  meet federal standards for identification or do not meet federal  stand-
    12  ards  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.
feedback