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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3675B
SPONSOR: Crespo (MS) TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the issuance of non-commercial drivers' licenses and lear-
ners' permits; and to repeal certain provisions of such law relating to
driver's license applications
PURPOSE OR GENERAL IDEA OF BILL:
To provide for the licensure of drivers in order to enhance public safe-
ty.
SUMMARY OF SPECIFIC PROVISIONS:
Section one provides that this act shall be known and may be cited as
the "Driver's License Access and Privacy Act.
Section two adds five new subdivisions 8, 9, 10, 11, and 12 to § 201 of
the Vehicle and Traffic Law (VTL) relating to restrictions on the
disclosure of personal information from non-commercial driver's license
applications and documents submitted with such applications, on the
disclosure of whether or not a driver's license or learner's permit
meets or does not meet federal standards for identification, and
restrictions on the release of records to agencies primarily enforcing
immigration law.
Section three amends subdivision 1 of VTL § 502 to expand the types of
proofs of identity that could be submitted with an application for a
non-commercial driver's license that does not meet federal standards for
identification to include a valid, unexpired foreign passport issued by
the applicant's country of citizenship (which could also be submitted as
proof of age), a valid unexpired consular identification document issued
by a consulate from the applicant's country of citizenship, and a valid
foreign driver's license that includes the applicant's photo image and
which is either unexpired, or is expired for less than 24 months from
its date of expiration. Additionally, persons who lack a Social Security
number (SSN) could instead submit a signed affidavit that they have not
been issued an SSN.
Section four repeals subdivision 7 of VTL § 502, and replaces it with a
requirement on the Commissioner of Motor Vehicles to provide space on
applications for learners' permits, drivers' licenses, and non-driver ID
cards so that any person age 18-26 may opt, and separately consent, to
register with the Selective Service, and for the Commissioner to forward
the necessary personal information only of individuals who affirmatively
opted and consented. Section four also adds a new subdivision 8 to such
section to establish standards for the appearance of non-commercial
drivers' licenses and learners' permits and what cannot be stated on
applications therefor, provide that applicants for such licenses cannot
be required to prove their lawful presence, prohibit the use of such
licenses or permits as evidence of a holder's citizenship or immigration
status or as the basis for investigating, arresting or detaining a
person, and prohibit the Commissioner or any agent or employee of the
Commissioner from inquiring about the citizenship or immigration status
of any applicant for such license or permit.
Section five amends subdivisions 2 and 3 of VTL § 508 to provide further
clarification of the privacy of personal information related to drivers'
licenses.
Section six adds a provision to the Unconsolidated Law to provide that
any system or method established by the Commissioner to determine eligi-
bility for non-commercial drivers' licenses or learners' permits that do
not meet federal standards for identification cannot be structured in a
manner that substantially disadvantages or denies such licenses or
permits to applicants lacking SSNs or who use documents issued by
foreign governments.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendments make clarifications with respect to driver's license
renewals, the design of drivers' licenses and learners' permits, and the
redisclosure of DMV records to immigration agencies.
JUSTIFICATION:
The need to secure driving privileges for all residents of New York,
including undocumented immigrants, has been a long term effort that has
reached the pinnacle of urgency. From farm labor to construction jobs,
the tight labor market and lowering unemployment rates have created a
lower of supply of workers to many sectors in New York's economy. Not
allowing undocumented persons to have licenses issued by DMV has had and
is continuing to have a negative impact on the economy. With projections
that the 2019 national unemployment rate• will drop to around 3.5% in
2019, industries in all sectors will be faced with continued struggle to
secure labor.
This legislation addresses the long-held need by undocumented immigrants
and workers to secure driving privileges not only to get back and forth
to work but to conduct tasks in their personal lives like going to
doctor visits and taking their children to school.
This legislation allows for the issuance of a driver's license, protects
the data of those applying for such privilege from unwarranted release
and moves New York closer to recognizing the huge and positive economic
impact undocumented residents have on the economy.
PRIOR LEGISLATIVE HISTORY:
2018: A.10273
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.
