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A01018 Summary:

BILL NOA01018
 
SAME ASSAME AS S08208
 
SPONSORSolages
 
COSPNSRZaccaro
 
MLTSPNSR
 
Add §504-a, V & T L
 
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.
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A01018 Actions:

BILL NOA01018
 
01/13/2023referred to transportation
01/03/2024referred to transportation
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A01018 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1018
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to authorizing the commissioner of motor vehicles to establish a pilot program to eval- uate the use of optional mobile or digital alternatives to driver's licenses and non-driver identification cards if specified requirements are met; and to provide for the repeal of such provisions upon expira- tion thereof   PURPOSE: To amend the vehicles and traffic law, in relation to authorizing commissioner of motor vehicles to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver's license and nondriver identification cards if specified requirements are met.   SUMMARY: Section 1. Amends the vehicle and traffic law by adding a new section 504-a. Section 2. Sets the effective date.   JUSTIFICATION: Electronic devices have become the default method of storing and sharing personal information. From proof of vaccination, stock purchases, and bank statements, to personal insurance information, New Yorkers utilize their personal electronic devices as a digital wallet. The utility of its leather counterpart has clearly declined. Most people never leave home without their smartphone and with this measure, they will never be without their driver's license or identifi- cation. Many New Yorkers have been penalized for honest mistakes such as losing their license or not updating their license with their most recent information. Moreover, with a digital license, everyone will be able to easily make any necessary updates to their information and help to ensure that minor errors do not result in fees and other conse- quences. While privacy concerns exist for digital licenses, there exist risks for physical licenses as well. In this era of innovation, we are confident that a secure system will be established to protect the identity of all New Yorkers, as this program is currently in place in other states. This bill will also create cost savings for the state as it will cut down on bureaucracy, and reduce the need to reissue physical documents.   RACIAL JUSTICE IMPACT: TBD.   GENDER JUSTICE IMPACT: TBD.   FISCAL IMPACT: TBD.   LEGISLATIVE HISTORY: 2021-22: A8160; referred to transportation.   EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed January 1, 2030.
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A01018 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1018
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced by M. of A. SOLAGES, ZACCARO -- read once and referred 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03743-01-3

        A. 1018                             2
 
     1    (f) A participant in any pilot program established by  the  department
     2  pursuant  to this section may terminate their participation in the pilot
     3  program at any time, and may, upon termination, request the deletion  of
     4  any  data associated with their participation in the program. Within ten
     5  days  of  any  such  request, the department and all entities contracted
     6  with the department for the purpose of effectuating  the  pilot  program
     7  shall  delete  all  data collected or maintained pursuant to the partic-
     8  ipant's participation in the program.
     9    (g) All participants shall receive both a physical and  digital  driv-
    10  er's license or non-driver identification card.
    11    2. In developing and implementing the use of digital driver's licenses
    12  and  non-driver  identification  cards,  the department shall ensure the
    13  protection of personal information and include  security  features  that
    14  protect  against  unauthorized access to information, including, but not
    15  limited to, all of the following:
    16    (a) Ensuring that use of the digital driver's  license  or  non-driver
    17  identification  card  does not require handing over one's digital device
    18  to any other person or entity when using the digital driver's license or
    19  non-driver identification card.
    20    (b) Ensuring that any remote access to the digital driver's license or
    21  non-driver identification card shall require the  express,  affirmative,
    22  real-time  consent  of the person whose digital driver's license or non-
    23  driver identification card is being requested for each piece of informa-
    24  tion being requested and shall be limited to only that information which
    25  is provided on a physical driver's license or non-driver  identification
    26  card.
    27    (c) Ensuring that the digital driver's license or non-driver identifi-
    28  cation  card, as well as any mobile application required for the digital
    29  driver's license or non-driver identification card, shall not contain or
    30  collect any information not strictly necessary for  the  functioning  of
    31  the  digital driver's license, non-driver identification card, or mobile
    32  application, including, but not limited to, location information.
    33    (d) Ensuring that the information transmitted to the digital  driver's
    34  license  or non-driver identification card, as well as any mobile appli-
    35  cation required for the digital driver's license or non-driver identifi-
    36  cation card, is encrypted and protected to the highest reasonable  secu-
    37  rity  standards  broadly available and cannot be intercepted while being
    38  transmitted from the department.
    39    3. (a) In the conduct of any pilot program pursuant to  this  section,
    40  any  data  exchanged  between  the department and any electronic device,
    41  between the department and the provider of any  electronic  device,  and
    42  between  any  electronic  device  and  the  provider  of that electronic
    43  device, shall be limited to those data necessary to display the informa-
    44  tion necessary for a driver's license or non-driver identification card.
    45    (b) An entity contracted with the department for  this  purpose  shall
    46  not  use,  share,  sell, or disclose any information obtained as part of
    47  this contract, including, but not limited to any information  about  the
    48  holder  of a digital driver's license or non-driver identification card,
    49  except as is necessary to satisfy the terms of the contract. Upon termi-
    50  nation or expiration of any contract entered into for this purpose,  the
    51  contracting  entity  shall delete any data collected or generated in the
    52  course of activities pursuant to that contract within thirty days.
    53    4. (a) The holder of a digital driver's license  or  non-driver  iden-
    54  tification  card  shall  not  be  required to turn over their electronic
    55  device to any other person or entity in order to use the  digital  driv-

        A. 1018                             3
 
     1  er's  license  or  non-driver identification card for identity verifica-
     2  tion.
     3    (b) The holder of a digital driver's license or non-driver identifica-
     4  tion  card  showing or turning over their electronic device to any other
     5  person or entity in order to use the digital driver's  license  or  non-
     6  driver  identification  card for identity verification shall not consti-
     7  tute consent to a search, nor shall it constitute consent for access  to
     8  any  information  other  than that which is immediately available on the
     9  digital driver's license or non-driver identification card.  Information
    10  incidentally  obtained  in  the  process  of  viewing a digital driver's
    11  license or non-driver identification card in order to verify the identi-
    12  ty of the holder shall not be used to establish  probable  cause  for  a
    13  warrant to search the electronic device.
    14    (c) Any request for remote access to their digital driver's license or
    15  non-driver  identification  card for identity verification shall require
    16  the express consent of the holder of the  digital  driver's  license  or
    17  non-driver  identification  card, shall be limited to the content of the
    18  digital driver's license or non-driver identification card specified  in
    19  the  request  for  remote  access,  and shall not exceed the information
    20  available on a physical driver's license  or  non-driver  identification
    21  card.
    22    (d) Consent to remote access to a digital driver's license or non-dri-
    23  ver  identification card by the holder shall not constitute consent to a
    24  search, nor shall it constitute consent for access  to  any  information
    25  other  than  that which is immediately available on the digital driver's
    26  license or  non-driver  identification  card.  Information  incidentally
    27  obtained in the process of remotely accessing a digital driver's license
    28  or  non-driver identification card shall not be used to establish proba-
    29  ble cause for a warrant to search the electronic device.
    30    5. (a) A participant in any pilot program established by  the  depart-
    31  ment  pursuant  to  this  section shall not be required to use a digital
    32  driver's license or non-driver identification card rather than  a  phys-
    33  ical  driver's license or non-driver identification card for the purpose
    34  of identity verification, nor shall their  participation  in  the  pilot
    35  program  preclude their use of a physical driver's license or non-driver
    36  identification card under any circumstances.
    37    (b) A person or entity shall not provide preferential service based on
    38  a person's use of a digital driver's license or  non-driver  identifica-
    39  tion  card  rather  than a physical driver's license or non-driver iden-
    40  tification card.
    41    6. The pilot program may include the issuance  of  mobile  or  digital
    42  Real ID driver's license or non-driver identification card upon authori-
    43  zation of the United States Secretary of Homeland Security.
    44    7.  If  the department conducts a pilot program authorized in subdivi-
    45  sion one of this section, the  department  shall,  no  later  than  July
    46  first,  two  thousand  twenty-eight, submit a report regarding the pilot
    47  program to the governor and the legislature,  to  include,  but  not  be
    48  limited to the following:
    49    (a) A review of all products evaluated in the pilot program and of the
    50  features  of those products. The report shall note if the devices evalu-
    51  ated in the pilot program are available with the ability to transmit and
    52  retain information relating to the movement, location, and if a  product
    53  contains  that  feature,  the  report  shall  also  note  if the product
    54  includes any security features to protect against unauthorized access to
    55  information.

        A. 1018                             4
 
     1    (b) Recommendations for subsequent actions, if  any,  that  should  be
     2  taken  with  regard to alternative options for digital driver's licenses
     3  or non-driver identification cards evaluated in the pilot program.
     4    §  2.  This  act shall take effect immediately and shall expire and be
     5  deemed repealed January 1, 2030.
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