Bill Text: NY S08208 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the commissioner of motor vehicles to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver's licenses and non-driver identification cards if specified requirements are met; provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-12 - REFERRED TO TRANSPORTATION [S08208 Detail]
Download: New_York-2023-S08208-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8208 IN SENATE January 12, 2024 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to authorizing the commissioner of motor vehicles to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driv- er's licenses and non-driver identification cards if specified requirements are met; and to provide for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 504-a to read as follows: 3 § 504-a. Digital driver's licenses and non-driver identification 4 cards. 5 1. The department may establish a pilot program to evaluate the use of 6 optional mobile or digital alternatives to driver's licenses and non- 7 driver identification cards, subject to all of the following require- 8 ments: 9 (a) The alternative licenses shall be approved by the superintendent 10 of the state police. 11 (b) The pilot program shall be limited to no more than five tenths 12 (0.5) percent of licensed drivers for the purpose of the evaluation. 13 (c) The alternative products to be evaluated shall be provided at no 14 cost to the state or to the participant. 15 (d) Any pilot program established by the department pursuant to this 16 subdivision shall be completed no later than January first, two thousand 17 thirty. 18 (e) Any pilot program established by the department pursuant to this 19 subdivision shall be limited to persons who have voluntarily chosen to 20 participate in the pilot program. 21 (f) A participant in any pilot program established by the department 22 pursuant to this section may terminate their participation in the pilot 23 program at any time, and may, upon termination, request the deletion of 24 any data associated with their participation in the program. Within ten EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03743-01-3S. 8208 2 1 days of any such request, the department and all entities contracted 2 with the department for the purpose of effectuating the pilot program 3 shall delete all data collected or maintained pursuant to the partic- 4 ipant's participation in the program. 5 (g) All participants shall receive both a physical and digital driv- 6 er's license or non-driver identification card. 7 2. In developing and implementing the use of digital driver's licenses 8 and non-driver identification cards, the department shall ensure the 9 protection of personal information and include security features that 10 protect against unauthorized access to information, including, but not 11 limited to, all of the following: 12 (a) Ensuring that use of the digital driver's license or non-driver 13 identification card does not require handing over one's digital device 14 to any other person or entity when using the digital driver's license or 15 non-driver identification card. 16 (b) Ensuring that any remote access to the digital driver's license or 17 non-driver identification card shall require the express, affirmative, 18 real-time consent of the person whose digital driver's license or non- 19 driver identification card is being requested for each piece of informa- 20 tion being requested and shall be limited to only that information which 21 is provided on a physical driver's license or non-driver identification 22 card. 23 (c) Ensuring that the digital driver's license or non-driver identifi- 24 cation card, as well as any mobile application required for the digital 25 driver's license or non-driver identification card, shall not contain or 26 collect any information not strictly necessary for the functioning of 27 the digital driver's license, non-driver identification card, or mobile 28 application, including, but not limited to, location information. 29 (d) Ensuring that the information transmitted to the digital driver's 30 license or non-driver identification card, as well as any mobile appli- 31 cation required for the digital driver's license or non-driver identifi- 32 cation card, is encrypted and protected to the highest reasonable secu- 33 rity standards broadly available and cannot be intercepted while being 34 transmitted from the department. 35 3. (a) In the conduct of any pilot program pursuant to this section, 36 any data exchanged between the department and any electronic device, 37 between the department and the provider of any electronic device, and 38 between any electronic device and the provider of that electronic 39 device, shall be limited to those data necessary to display the informa- 40 tion necessary for a driver's license or non-driver identification card. 41 (b) An entity contracted with the department for this purpose shall 42 not use, share, sell, or disclose any information obtained as part of 43 this contract, including, but not limited to any information about the 44 holder of a digital driver's license or non-driver identification card, 45 except as is necessary to satisfy the terms of the contract. Upon termi- 46 nation or expiration of any contract entered into for this purpose, the 47 contracting entity shall delete any data collected or generated in the 48 course of activities pursuant to that contract within thirty days. 49 4. (a) The holder of a digital driver's license or non-driver iden- 50 tification card shall not be required to turn over their electronic 51 device to any other person or entity in order to use the digital driv- 52 er's license or non-driver identification card for identity verifica- 53 tion. 54 (b) The holder of a digital driver's license or non-driver identifica- 55 tion card showing or turning over their electronic device to any other 56 person or entity in order to use the digital driver's license or non-S. 8208 3 1 driver identification card for identity verification shall not consti- 2 tute consent to a search, nor shall it constitute consent for access to 3 any information other than that which is immediately available on the 4 digital driver's license or non-driver identification card. Information 5 incidentally obtained in the process of viewing a digital driver's 6 license or non-driver identification card in order to verify the identi- 7 ty of the holder shall not be used to establish probable cause for a 8 warrant to search the electronic device. 9 (c) Any request for remote access to their digital driver's license or 10 non-driver identification card for identity verification shall require 11 the express consent of the holder of the digital driver's license or 12 non-driver identification card, shall be limited to the content of the 13 digital driver's license or non-driver identification card specified in 14 the request for remote access, and shall not exceed the information 15 available on a physical driver's license or non-driver identification 16 card. 17 (d) Consent to remote access to a digital driver's license or non-dri- 18 ver identification card by the holder shall not constitute consent to a 19 search, nor shall it constitute consent for access to any information 20 other than that which is immediately available on the digital driver's 21 license or non-driver identification card. Information incidentally 22 obtained in the process of remotely accessing a digital driver's license 23 or non-driver identification card shall not be used to establish proba- 24 ble cause for a warrant to search the electronic device. 25 5. (a) A participant in any pilot program established by the depart- 26 ment pursuant to this section shall not be required to use a digital 27 driver's license or non-driver identification card rather than a phys- 28 ical driver's license or non-driver identification card for the purpose 29 of identity verification, nor shall their participation in the pilot 30 program preclude their use of a physical driver's license or non-driver 31 identification card under any circumstances. 32 (b) A person or entity shall not provide preferential service based on 33 a person's use of a digital driver's license or non-driver identifica- 34 tion card rather than a physical driver's license or non-driver iden- 35 tification card. 36 6. The pilot program may include the issuance of mobile or digital 37 Real ID driver's license or non-driver identification card upon authori- 38 zation of the United States Secretary of Homeland Security. 39 7. If the department conducts a pilot program authorized in subdivi- 40 sion one of this section, the department shall, no later than July 41 first, two thousand twenty-eight, submit a report regarding the pilot 42 program to the governor and the legislature, to include, but not be 43 limited to the following: 44 (a) A review of all products evaluated in the pilot program and of the 45 features of those products. The report shall note if the devices evalu- 46 ated in the pilot program are available with the ability to transmit and 47 retain information relating to the movement, location, and if a product 48 contains that feature, the report shall also note if the product 49 includes any security features to protect against unauthorized access to 50 information. 51 (b) Recommendations for subsequent actions, if any, that should be 52 taken with regard to alternative options for digital driver's licenses 53 or non-driver identification cards evaluated in the pilot program. 54 § 2. This act shall take effect immediately and shall expire and be 55 deemed repealed January 1, 2030.
