|SAME AS||SAME AS S01747-B|
|COSPNSR||Nolan, 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|
|MLTSPNSR||Lentol, 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.|
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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.
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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. LBD05648-06-9A. 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 certifyA. 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 notA. 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.