A03675 Summary:

BILL NOA03675B
 
SAME ASSAME AS S01747-B
 
SPONSORCrespo (MS)
 
COSPNSRNolan, Glick, Dinowitz, Rosenthal L, Abinanti, Simotas, Quart, Seawright, Simon, Gottfried, Peoples-Stokes, Weprin, Mosley, De La Rosa, Hyndman, Perry, Jaffee, Dilan, Walker, Dickens, Ortiz, Bronson, Epstein, Sayegh, Ramos, Pichardo, Buchwald, Thiele, Cruz, Otis, Magnarelli, Jacobson, Carroll, Reyes, Niou, Paulin, Fernandez, Benedetto, Taylor, Raynor, Arroyo, Rodriguez, Hevesi, Pretlow, DenDekker, Lifton, Rosenthal D, Rivera, Cahill, Blake, Kim, Hunter, Davila, Steck, Richardson, Galef, Joyner, Fall, Lavine, Frontus, Barron, O'Donnell, Wright, Solages, Fahy, Gantt
 
MLTSPNSRLentol, Rozic, Weinstein
 
Amd §§201, 502 & 508, rpld §502 sub 7, V & T L
 
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.
Go to top    

A03675 Actions:

BILL NOA03675B
 
01/30/2019referred to transportation
05/29/2019amend (t) and recommit to transportation
05/29/2019print number 3675a
06/05/2019reported referred to codes
06/08/2019amend and recommit to codes
06/08/2019print number 3675b
06/11/2019reported referred to ways and means
06/11/2019reported referred to rules
06/11/2019reported
06/11/2019rules report cal.118
06/11/2019ordered to third reading rules cal.118
06/12/2019passed assembly
06/12/2019delivered to senate
06/12/2019REFERRED TO RULES
06/17/2019SUBSTITUTED FOR S1747B
06/17/20193RD READING CAL.1466
06/17/2019PASSED SENATE
06/17/2019RETURNED TO ASSEMBLY
06/17/2019delivered to governor
06/17/2019signed chap.37
Go to top

A03675 Floor Votes:

DATE:06/12/2019Assembly Vote  YEA/NAY: 87/61
AbbateYCrespoYGanttERLiPetriNOPerryYSimonY
AbinantiYCrouchNOGarbarinoNOLupardoYPheffer AmatoNOSimotasY
ArroyoYCruzYGiglioNOMagnarelliYPichardoYSmithNO
AshbyNOCusickNOGlickYMalliotakisNOPretlowYSmullenNO
AubryYCymbrowitzYGoodellERManktelowNOQuartYSolagesY
BarclayNODavilaYGottfriedYMcDonaldNORaNOStecNO
BarnwellYDe La RosaYGriffinNOMcDonoughNORaiaNOSteckY
BarrettYDenDekkerYGuntherNOMcMahonNORamosYSternNO
BarronYDeStefanoNOHawleyNOMikulinNORaynorYStirpeNO
BenedettoYDickensYHevesiYMill B NOReillyNOTagueNO
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLNORichardsonYThieleY
BlankenbushNODiPietroNOJacobsonYMontesanoNORiveraYTitusY
BrabenecNOD'UrsoNOJaffeeYMorinelloNORodriguezYVanelY
BraunsteinYEichensteinYJean-PierreNOMosleyYRomeoYWalczykNO
BronsonYEnglebrightNOJohnsNONiouYRose D YWalkerY
BuchwaldYEpsteinYJonesNONolanYRose L YWallaceNO
BurkeNOFahyYJoynerYNorrisNORozicYWalshNO
ButtenschonNOFallYKimYO'DonnellYRyanNOWeinsteinY
ByrneNOFernandezYKolbNOOrtizYSalkaNOWeprinY
ByrnesNOFinchNOLalorNOOtisYSantabarbaraNOWilliamsY
CahillYFitzpatrickNOLavineYPalmesanoNOSayeghYWoernerNO
CarrollYFriendNOLawrenceNOPalumboNOSchimmingerNOWrightY
ColtonYFrontusYLentolYPaulinYSchmittNOZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

Go to top

A03675 Memo:

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.
Go to top

A03675 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3675--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2019
                                       ___________
 
        Introduced  by  M.  of  A. CRESPO, NOLAN, GLICK, DINOWITZ, L. ROSENTHAL,
          ABINANTI, SIMOTAS, QUART, SEAWRIGHT, SIMON, GOTTFRIED, PEOPLES-STOKES,
          WEPRIN, MOSLEY, DE LA ROSA, HYNDMAN,  PERRY,  JAFFEE,  DILAN,  WALKER,
          DICKENS,  ORTIZ,  BRONSON, EPSTEIN, SAYEGH, RAMOS, PICHARDO, BUCHWALD,
          THIELE,  CRUZ,  OTIS,  MAGNARELLI,  JACOBSON,  CARROLL,  REYES,  NIOU,
          PAULIN, FERNANDEZ, BENEDETTO, TAYLOR, RAYNOR, ARROYO, RODRIGUEZ, HEVE-
          SI,  PRETLOW,  DenDEKKER, LIFTON, D. ROSENTHAL, RIVERA, CAHILL, BLAKE,
          D'URSO, JEAN-PIERRE, KIM, HUNTER, DAVILA,  STECK,  RICHARDSON,  GALEF,
          JOYNER,  FALL,  LAVINE,  FRONTUS,  BARRON,  O'DONNELL, STIRPE, WRIGHT,
          SOLAGES, FAHY, GANTT -- Multi-Sponsored by -- M. of A. LENTOL,  ROZIC,
          WEINSTEIN -- read once and referred to the Committee on Transportation
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee --  reported  and  referred  to  the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law, in relation to the issuance
          of non-commercial drivers' licenses  and  learners'  permits;  and  to
          repeal  certain  provisions  of  such law relating to driver's license
          applications
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This act shall be known and may be cited as the "driver's
     2  license access and privacy act".
     3    § 2. Section 201 of the vehicle and traffic law is amended  by  adding
     4  five new subdivisions 8, 9, 10, 11, and 12 to read as follows:
     5    8.  Any portion of any record retained by the commissioner in relation
     6  to a non-commercial driver's license or learner's permit application  or
     7  renewal  application  that  contains  the  photo image or identifies the
     8  social security number, telephone number, place  of  birth,  country  of
     9  origin, place of employment, school or educational institution attended,
    10  source of income, status as a recipient of public benefits, the customer
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05648-06-9

        A. 3675--B                          2
 
     1  identification  number  associated  with  a  public  utilities  account,
     2  medical information or disability  information  of  the  holder  of,  or
     3  applicant  for,  such license or permit is not a public record and shall
     4  not  be  disclosed in response to any request for records except: (a) to
     5  the person who is the subject of such records; or  (b)  where  expressly
     6  required  pursuant  to chapter three hundred three of part A of subtitle
     7  vi of title forty-nine of the United States code; or (c) where necessary
     8  to comply with a lawful court order, judicial warrant signed by a  judge
     9  appointed  pursuant to article III of the United States constitution, or
    10  subpoena for individual records issued pursuant to the  criminal  proce-
    11  dure law or the civil practice law and rules.
    12    9.  The  commissioner  shall not disclose or otherwise make accessible
    13  original documents or copies of documents collected from  non-commercial
    14  driver's license or learner's permit applicants or renewal applicants to
    15  prove  identity,  age,  or  fitness except: (a) to the person who is the
    16  subject of such documents; or (b) where expressly required  pursuant  to
    17  chapter three hundred three of part A of subtitle vi of title forty-nine
    18  of  the  United  States  code;  or (c) unless necessary to comply with a
    19  lawful court order, judicial warrant signed by a judge appointed  pursu-
    20  ant  to  article  III of the United States constitution, or subpoena for
    21  individual records properly issued pursuant to  the  criminal  procedure
    22  law or the civil practice law and rules.
    23    10.  The  commissioner shall not disclose or otherwise make accessible
    24  any portion of any record that identifies whether the type  of  driver's
    25  license  or  learner's  permit  that a person holds either meets federal
    26  standards for identification or does  not  meet  federal  standards  for
    27  identification  except:    (a)  to the person who is the subject of such
    28  record; or (b)  where  expressly  required  pursuant  to  chapter  three
    29  hundred three of part A of subtitle vi of title forty-nine of the United
    30  States  code;  or  (c)  unless  necessary  to comply with a lawful court
    31  order, judicial warrant signed by a judge appointed pursuant to  article
    32  III  of  the  United  States  constitution,  or  subpoena for individual
    33  records properly issued pursuant to the criminal procedure  law  or  the
    34  civil practice law and rules.
    35    11.  For  the purposes of this section, whenever a lawful court order,
    36  judicial warrant, or subpoena for  individual  records  properly  issued
    37  pursuant  to  the  criminal  procedure law or the civil practice law and
    38  rules is presented to the commissioner, only those  records,  documents,
    39  or  information  specifically  sought  by  such court order, warrant, or
    40  subpoena may be disclosed.
    41    12. (a) Except as required for the commissioner to issue  or  renew  a
    42  driver's  license  or  learner's permit that meets federal standards for
    43  identification, the commissioner, and  any  agent  or  employee  of  the
    44  commissioner,  shall  not  disclose  or  make  accessible  in any manner
    45  records or information that he or she  maintains,  to  any  agency  that
    46  primarily  enforces  immigration law or to any employee or agent of such
    47  agency, unless the commissioner is presented with a lawful  court  order
    48  or  judicial warrant signed by a judge appointed pursuant to article III
    49  of the United States constitution.  Upon receiving a  request  for  such
    50  records  or  information  from  an  agency that primarily enforces immi-
    51  gration law, the commissioner shall, no later than three days after such
    52  request,  notify  the  individual  about  whom  such   information   was
    53  requested,  informing such individual of the request and the identity of
    54  the agency that made such request.
    55    (b) The commissioner shall require any person or entity that  receives
    56  or  has  access to records or information from the department to certify

        A. 3675--B                          3
 
     1  to the commissioner, before such receipt or access, that such person  or
     2  entity  shall  not  (i)  use such records or information for civil immi-
     3  gration purposes or (ii) disclose such records  or  information  to  any
     4  agency  that  primarily  enforces  immigration law or to any employee or
     5  agent of any such agency unless such disclosure is pursuant to a cooper-
     6  ative  arrangement  between  city,  state  and  federal  agencies  which
     7  arrangement  does  not  enforce  immigration law and which disclosure is
     8  limited to the specific records or information being sought pursuant  to
     9  such arrangement.  In addition to any records required to be kept pursu-
    10  ant  to subdivision (c) of section 2721 of title 18 of the United States
    11  code, any person or entity certifying pursuant to this  paragraph  shall
    12  keep for a period of five years records of all uses and identifying each
    13  person  or  entity that primarily enforces immigration law that received
    14  department records or information from such certifying person or entity.
    15  Such records shall be maintained in a manner and form prescribed by  the
    16  commissioner  and  shall be available for inspection by the commissioner
    17  or his or her designee upon his or her request.
    18    (c) For purposes of this subdivision, the term "agency that  primarily
    19  enforces  immigration  law" shall include, but not be limited to, United
    20  States immigration and customs enforcement and United States customs and
    21  border protection, and any successor agencies having similar duties.
    22    § 3.  Subdivision 1 of section 502 of the vehicle and traffic law,  as
    23  amended by chapter 465 of the laws of 2012, the third undesignated para-
    24  graph  as amended by chapter 248 of the laws of 2016, is amended to read
    25  as follows:
    26    1. Application for license. Application for a driver's  license  shall
    27  be  made to the commissioner. The fee prescribed by law may be submitted
    28  with such application. The applicant shall furnish such proof of identi-
    29  ty, age, and fitness as may be  required  by  the  commissioner.    With
    30  respect  to  a non-commercial driver's license or learner's permit which
    31  does not meet federal standards for identification, in addition  to  the
    32  acceptable proofs of age and identity approved by the commissioner as of
    33  January first, two thousand nineteen, acceptable proof of identity shall
    34  also include, but not be limited to, a valid, unexpired foreign passport
    35  issued  by  the  applicant's country of citizenship (which shall also be
    36  eligible as proof of age), a valid,  unexpired  consular  identification
    37  document  issued by a consulate from the applicant's country of citizen-
    38  ship, or a valid foreign driver's license that includes a photo image of
    39  the applicant and which is unexpired or expired for  less  than  twenty-
    40  four  months  of its date of expiration, as primary forms of such proof.
    41  Nothing contained in this subdivision shall be deemed  to  preclude  the
    42  commissioner  from  approving additional proofs of identity and age. The
    43  commissioner may also  provide  that  the  application  procedure  shall
    44  include  the  taking  of  a  photo  image  or images of the applicant in
    45  accordance with rules and regulations prescribed by the commissioner. In
    46  addition, the commissioner also shall require that the applicant provide
    47  his or her social security  number  [and]  or,  in  lieu  thereof,  with
    48  respect  to  an  application  for  a  non-commercial driver's license or
    49  learner's permit which does not meet federal standards  for  identifica-
    50  tion,  an  affidavit  signed  by  such applicant that they have not been
    51  issued a social security number. The  commissioner  also  shall  provide
    52  space  on  the application so that the applicant may register in the New
    53  York state organ and tissue donor  registry  under  section  forty-three
    54  hundred  ten  of  the public health law with the following stated on the
    55  application in clear and conspicuous type:

        A. 3675--B                          4
 
     1    "You must fill out the following section: Would you like to  be  added
     2  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
     3  tion'."
     4    The  commissioner  of  health shall not maintain records of any person
     5  who checks "skip this question". Except where the application is made in
     6  person or electronically, failure to check a box shall  not  impair  the
     7  validity of an application, and failure to check "yes" or checking "skip
     8  this  question" shall not be construed to imply a wish not to donate. In
     9  the case of an applicant under eighteen years  of  age,  checking  "yes"
    10  shall  not constitute consent to make an anatomical gift or registration
    11  in the donate life registry, except as otherwise  provided  pursuant  to
    12  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    13  three hundred one of the public  health  law.  Where  an  applicant  has
    14  previously  consented  to  make  an anatomical gift or registered in the
    15  donate life registry, checking "skip this question" or failing to  check
    16  a  box  shall  not  impair that consent or registration. In addition, an
    17  applicant for a commercial driver's license who will operate  a  commer-
    18  cial motor vehicle in interstate commerce shall certify that such appli-
    19  cant  meets  the  requirements to operate a commercial motor vehicle, as
    20  set forth in public law 99-570, title XII, and title 49 of the  code  of
    21  federal  regulations,  and  all  regulations  promulgated  by the United
    22  States secretary of transportation under the hazardous materials  trans-
    23  portation  act.  In  addition,  an  applicant  for a commercial driver's
    24  license shall submit a medical certificate at such intervals as required
    25  by the federal motor carrier safety improvement act  of  1999  and  Part
    26  383.71(h)  of  title  49  of the code of federal regulations relating to
    27  medical certification and in a manner prescribed  by  the  commissioner.
    28  For  purposes  of  this  section  and  sections five hundred three, five
    29  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    30  certificate" and "medical certification" shall mean a form substantially
    31  in compliance with the form set forth in Part 391.43(h) of title  49  of
    32  the code of federal regulations. Upon a determination that the holder of
    33  a commercial driver's license has made any false statement, with respect
    34  to  the application for such license, the commissioner shall revoke such
    35  license.
    36    § 4. Paragraph (a) of subdivision 6 of section 502 of the vehicle  and
    37  traffic law, as amended by section 3 of part K of chapter 59 of the laws
    38  of 2009, is amended to read as follows:
    39    (a)  A  license  issued  pursuant  to subdivision five of this section
    40  shall be valid until the expiration date contained thereon, unless  such
    41  license  is suspended, revoked or cancelled. Such license may be renewed
    42  by submission of an application for renewal, the fee prescribed by  law,
    43  proofs  of  prior licensing, fitness and acceptable vision prescribed by
    44  the commissioner, the applicant's social security  number  or,  in  lieu
    45  thereof,  with  respect  to an application for a non-commercial driver's
    46  license or learner's permit which does not meet  federal  standards  for
    47  identification, an affidavit signed by such applicant that they have not
    48  been issued a social security number, and if required by the commission-
    49  er,  a  photo  image  of  the  applicant in such numbers and form as the
    50  commissioner shall prescribe.  In addition, an applicant for renewal  of
    51  a  license  containing  a  hazardous  material endorsement shall pass an
    52  examination to retain such endorsement.  The  commissioner  shall,  with
    53  respect to the renewal of a hazardous materials endorsement, comply with
    54  the  requirements imposed upon states by sections 383.141 and 1572.13 of
    55  title 49 of the code of federal regulations. A renewal of  such  license
    56  shall  be  issued by the commissioner upon approval of such application,

        A. 3675--B                          5
 
     1  except that no such license shall be issued if  its  issuance  would  be
     2  inconsistent with the provisions of section five hundred sixteen of this
     3  title, and except that the commissioner may refuse to renew such license
     4  if the applicant is the holder of a currently valid or renewable license
     5  to drive issued by another state or foreign country unless the applicant
     6  surrenders such license.
     7    §  5.  Subdivision  7 of section 502 of the vehicle and traffic law is
     8  REPEALED and two new subdivisions 7 and 8 are added to read as follows:
     9    7. Selective service act.  The  commissioner  shall  provide  separate
    10  space  on the application for a learner's permit, driver's license, non-
    11  driver identification card, or renewal thereof so that any person who is
    12  at least eighteen years of age but less than twenty-six years of age who
    13  applies to the commissioner for such permit, license, or card or renewal
    14  thereof may opt to register with the  selective  service  in  accordance
    15  with  50  U.S.C. App 451 et. seq., as amended, if such person is subject
    16  to such act, and consent to have the commissioner forward the  necessary
    17  personal  information  in accordance with this subdivision. Such consent
    18  shall be separate from any other  certification  or  signature  on  such
    19  application.  The  commissioner shall include on the application a brief
    20  statement about the requirement of the law, a citation of the  act,  and
    21  the  consequences  for  failing to meet the same. The commissioner shall
    22  forward to the selective service system, in an  electronic  format,  the
    23  necessary  personal  information required for registration only of indi-
    24  viduals who have affirmatively opted and  consented,  pursuant  to  this
    25  subdivision,  to  authorize the commissioner to forward such information
    26  to the selective service system.
    27    8. Non-commercial drivers' licenses and learners' permits which do not
    28  meet federal standards for identification. (a)  Non-commercial  drivers'
    29  licenses  and  learners' permits which do not meet federal standards for
    30  identification shall be issued in such form as  the  commissioner  shall
    31  determine,  provided  that  such  licenses and permits shall be visually
    32  identical to non-commercial  drivers'  licenses  and  learners'  permits
    33  which  do  meet  federal  standards  for identification except that such
    34  licenses and permits may state "Not  for  Federal  Purposes".  Provided,
    35  however,  that the commissioner may promulgate regulations providing for
    36  additional design or color indicators for both such non-commercial driv-
    37  ers' licenses and learners' permits if required to comply  with  federal
    38  law.
    39    (b)  Applicants  for  a  non-commercial  driver's license or learner's
    40  permit or a renewal thereof shall not be required to prove that they are
    41  lawfully present in the United States.
    42    (c) Application forms for non-commercial drivers' licenses  and  lear-
    43  ners'  permits which do not meet federal standards for identification or
    44  for renewal thereof shall not state (i) the documents an applicant  used
    45  to  prove  age  or  identity, or (ii) an applicant's ineligibility for a
    46  social security number where applicable, or (iii) an  applicant's  citi-
    47  zenship or immigration status.
    48    (d)  The  commissioner  and  any agent or employee of the commissioner
    49  shall not retain the documents  or  copies  of  documents  presented  by
    50  applicants  for  non-commercial  drivers'  licenses or learners' permits
    51  which do not meet federal standards for identification to prove  age  or
    52  identity  except  for  a limited period necessary to ensure the validity
    53  and authenticity of such documents.
    54    (e) (i) A non-commercial driver's license or  learner's  permit  which
    55  does  not meet federal standards for identification shall not be used as
    56  evidence of a person's citizenship or immigration status, and shall  not

        A. 3675--B                          6
 
     1  be  the basis for investigating, arresting, or detaining a person.  (ii)
     2  Neither the commissioner nor any agent or employee of  the  commissioner
     3  shall  inquire about the citizenship or immigration status of any appli-
     4  cant  for  a  non-commercial  driver's license or learner's permit which
     5  does not meet federal standards for identification.
     6    § 6. Subdivisions 2 and 3 of section 508 of the  vehicle  and  traffic
     7  law, as added by chapter 780 of the laws of 1972, are amended to read as
     8  follows:
     9    2. Any application required to be filed under this article shall be in
    10  a  manner  and  on  a  form or forms prescribed by the commissioner. The
    11  applicant shall furnish all information required by statute and,  except
    12  as  otherwise  provided  in  this  title,  such other information as the
    13  commissioner shall deem appropriate.
    14    3. License record. The commissioner  shall  keep  a  record  of  every
    15  license  issued  which  record shall be open to public inspection during
    16  reasonable business hours. Provided, however, that the following  infor-
    17  mation  whenever  contained within the record of non-commercial drivers'
    18  licenses and learners' permits shall not be open to  public  inspection:
    19  the  photo  image, social security number, client identification number,
    20  name, address, telephone number, place  of  birth,  country  of  origin,
    21  place  of employment, school or educational institution attended, source
    22  of income, status as a recipient of public benefits, the customer  iden-
    23  tification  number  associated  with a public utilities account, medical
    24  information or disability information of any holders of,  or  applicants
    25  for,  such  licenses  and  permits, and whether such licenses or permits
    26  meet federal standards for identification or do not meet federal  stand-
    27  ards for identification. Neither the commissioner nor his agent shall be
    28  required to allow the inspection of an application, or to furnish a copy
    29  thereof, or information therefrom, until a license has been issued ther-
    30  eon.
    31    §  7.  Any  system  or method established by the commissioner of motor
    32  vehicles to determine eligibility for a non-commercial driver's  license
    33  or  learner's permit which does not meet federal standards for identifi-
    34  cation shall not be structured in a manner that substantially  disadvan-
    35  tages  or  denies such licenses or permits to applicants who do not have
    36  social security numbers or who use documents issued by a foreign govern-
    37  ment to prove age or identity.
    38    § 8. This act shall take effect on the one hundred eightieth day after
    39  it shall have become a law.  Effective immediately, the addition, amend-
    40  ment and/or repeal of any rule or regulation necessary for the implemen-
    41  tation of this act on its effective date are authorized to be  made  and
    42  completed on or before such date.
Go to top