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S01747 Summary:

BILL NOS01747
 
SAME ASNo Same As
 
SPONSORSEPULVEDA
 
COSPNSRBENJAMIN, RAMOS, RIVERA, SALAZAR
 
MLTSPNSR
 
Amd 201, 501, 501-a, 502 & 508, rpld 502 subs 1 & 7, add 502-b, 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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S01747 Actions:

BILL NOS01747
 
01/16/2019REFERRED TO TRANSPORTATION
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S01747 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1747
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- 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 department of motor vehicles to issue standard drivers'  licenses;
          and  to  repeal subdivisions 1 and 7 of section 502 of the vehicle and
          traffic law relating thereto
 
          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, as added  by  chapter
     4  380  of the laws of 1980, paragraph (b) of subdivision 1 and subdivision
     5  2 as amended by chapter 568 of the laws of 1994, paragraph (f) of subdi-
     6  vision 1 as amended by chapter 550 of the laws of 1992, paragraph (i) of
     7  subdivision 1 as amended by section 2 of part E of  chapter  60  of  the
     8  laws of 2005, item 1 of clause (A) of subparagraph (ii) of paragraph (i)
     9  of  subdivision 1 as amended by section 1 of part I of chapter 58 of the
    10  laws of 2015, item 2 of clause (A) of subparagraph (ii) of paragraph (i)
    11  of subdivision 1 as amended by section 1 of part K of chapter 59 of  the
    12  laws  of 2009, paragraph (j) of subdivision 1 as added by chapter 448 of
    13  the laws of 1995, paragraph (k) of subdivision 1 as amended  by  chapter
    14  391  of the laws of 1998, subdivision 5 as amended by chapter 196 of the
    15  laws of 1996, subdivision 6 as amended by chapter 432  of  the  laws  of
    16  1997,  and subdivision 7 as added by chapter 978 of the laws of 1984, is
    17  amended to read as follows:
    18    § 201. Custody of records. 1. Documents. The commissioner may destroy:
    19    (a) any application, including supporting documents, for  registration
    20  and/or  title  of  a motor vehicle or trailer, other than an application
    21  for renewal of registration, or any notice of a lien on a motor  vehicle
    22  or  trailer, after such application shall have been on file for a period
    23  of five years;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05648-01-9

        S. 1747                             2
 
     1    (b) any application for renewal of a registration which results in the
     2  issuance of a registration renewal of any motor vehicle or trailer, upon
     3  entry of an electronic record of renewal on the files;
     4    (c)  any application for a federal-purpose driver's license, including
     5  any document required to be filed with any such application, after  such
     6  application shall have been on file for a period of five years;
     7    (d)  any  application  for  a standard driver's license, including any
     8  document required to be filed with such application, after the  applica-
     9  tion  has  been  reviewed,  provided that such application and documents
    10  shall be destroyed after having been on file for a period of six months;
    11    (e) any application, including supporting documents, for the registra-
    12  tion, other than a renewal of a registration, of a snowmobile after such
    13  application shall have been on file for a period of two years;
    14    [(e)] (f) any application for renewal of a registration which  results
    15  in  the  issuance of a registration renewal for any snowmobile, upon the
    16  expiration of the registration renewal issued;
    17    [(f)] (g) any application, including supporting documents, for  regis-
    18  tration  and/or  title  of  a  motorboat,  other than an application for
    19  renewal of registration, or any notice of a lien on  a  motorboat  after
    20  such application shall have been on file for a period of four years;
    21    [(g)]  (h) any application for renewal of a registration which results
    22  in the issuance of a registration renewal for any  motorboat,  upon  the
    23  expiration of the registration renewal issued;
    24    [(h)]  (i) any application, including supporting documents relating to
    25  ownership, for any other registration,  license  or  certificate  issued
    26  under  this  chapter and not specifically otherwise provided for in this
    27  subdivision, after such application shall have been on file for a period
    28  of five years;
    29    [(i)] (j) (i)  any  accident  reports  filed  with  the  commissioner,
    30  conviction  certificates, police reports, complaints, satisfied judgment
    31  records, closed suspension and revocation orders, hearing records, other
    32  than audio  tape  recordings  of  hearings,  significant  correspondence
    33  relating  to any of the same, and any other record on file after remain-
    34  ing on file for  four  years  except  that  if  the  commissioner  shall
    35  receive,  during  the  last  year  of such period of four years, written
    36  notice to retain one or more of such papers or documents, the same shall
    37  be retained for another four years in addition to said  period  of  four
    38  years.  The provisions of this paragraph shall not apply to certificates
    39  of conviction filed with respect to convictions which affect  sentencing
    40  or  administrative  action required by law beyond such four year period.
    41  Such certificates may be destroyed after they have no  legal  effect  on
    42  sentencing or administrative action;
    43    (ii)(A)  Notwithstanding  the  provisions  of subparagraph (i) of this
    44  paragraph, the commissioner may destroy any conviction certificates  and
    45  closed suspension and revocation orders after remaining on file for:
    46    (1) fifty-five years where the conviction and suspension or revocation
    47  order relates to a conviction, suspension or revocation by the holder of
    48  any  driver's  license  when  operating  a  commercial motor vehicle, as
    49  defined in subdivision four of section five hundred one-a of this  chap-
    50  ter,  or  by  the  holder of a commercial driver's license or commercial
    51  learner's permit when operating any motor vehicle, who: has  refused  to
    52  submit to a chemical test pursuant to section eleven hundred ninety-four
    53  of  this chapter or has been convicted of any of the following offenses:
    54  any violation of subdivision  two,  two-a,  three,  four  or  four-a  of
    55  section  eleven  hundred  ninety-two  of  this chapter, any violation of
    56  subdivision one or two of section six hundred of this chapter, any felo-

        S. 1747                             3
 
     1  ny involving the use of a motor vehicle, other than the use of  a  motor
     2  vehicle  in the commission of a felony involving manufacturing, distrib-
     3  uting, dispensing a controlled substance; or the conviction,  suspension
     4  or  revocation  involves any of the following offenses while operating a
     5  commercial motor vehicle: any violation of subdivision five  or  six  of
     6  section  eleven hundred ninety-two of this chapter, driving a commercial
     7  motor vehicle when as a result of prior violations committed while oper-
     8  ating a commercial  motor  vehicle,  the  driver's  commercial  driver's
     9  license  or  commercial learner's permit is suspended or revoked, or has
    10  been convicted of causing a fatality through the negligent operation  of
    11  a  commercial  motor vehicle, including but not limited to the crimes of
    12  vehicular manslaughter and criminally negligent homicide as set forth in
    13  article one hundred twenty-five of the penal law;
    14    (2) fifteen years for violating an out of service  order  as  provided
    15  for  in  the  rules  and regulations of the department of transportation
    16  while operating a commercial motor vehicle.
    17    (B) Any conviction arising out of the use of a motor  vehicle  in  the
    18  commission   of  a  felony  involving  manufacturing,  distributing,  or
    19  dispensing a controlled substance shall never be destroyed.
    20    (C) The provisions of this subparagraph shall only  apply  to  records
    21  requested by a state, the United States secretary of transportation, the
    22  person  who is the subject of the record, or a motor carrier who employs
    23  or who prospectively may employ the person who is  the  subject  of  the
    24  record.
    25    [(j)  audio tape recordings of hearings, two years after such hearing;
    26  provided, however, that audio tape recordings of hearings held  pursuant
    27  to  section  two  hundred  twenty-seven of this chapter may be destroyed
    28  ninety days after a determination has been made as  prescribed  in  such
    29  section.]
    30    (k) any records, including any reproductions or electronically created
    31  images of such records and including any records received by the commis-
    32  sioner  from  a  court  pursuant  to paragraph (c) of subdivision ten of
    33  section  eleven  hundred  ninety-two  of   this   chapter   or   section
    34  forty-nine-b of the navigation law, relating to a finding of a violation
    35  of  section  eleven  hundred ninety-two-a of this chapter or a waiver of
    36  the right to a hearing under section  eleven  hundred  ninety-four-a  of
    37  this  chapter  or  a  finding of a refusal following a hearing conducted
    38  pursuant to subdivision three of section eleven hundred ninety-four-a of
    39  this chapter or a finding of a violation of section forty-nine-b of  the
    40  navigation  law  or  a  waiver of the right to a hearing or a finding of
    41  refusal following a hearing conducted pursuant to  such  section,  after
    42  remaining  on  file  for three years after such finding or entry of such
    43  waiver or refusal or until the person that is  found  to  have  violated
    44  such  section  reaches  the  age of twenty-one, whichever is the greater
    45  period of time. Upon the expiration of the  period  for  destruction  of
    46  records  pursuant  to  this  paragraph,  the entirety of the proceedings
    47  concerning the violation or alleged violation  of  such  section  eleven
    48  hundred ninety-two-a of this chapter or such section forty-nine-b of the
    49  navigation  law,  from the initial stop and detention of the operator to
    50  the entering of a finding and imposition of sanctions  pursuant  to  any
    51  subdivision  of  section eleven hundred ninety-four-a of this chapter or
    52  of section forty-nine-b of the navigation law shall be deemed a nullity,
    53  and the operator shall be restored, in  contemplation  of  law,  to  the
    54  status he occupied before the initial stop and prosecution[.]; and
    55    (l)  audio  tape recordings of hearings, two years after such hearing;
    56  provided, however, that audio tape recordings of hearings held  pursuant

        S. 1747                             4
 
     1  to section two hundred twenty-seven of this title may be destroyed nine-
     2  ty  days  after  a  determination  has  been  made as prescribed in such
     3  section.
     4    2. Reproduction of documents by commissioner. The provisions of subdi-
     5  vision  one  of  this  section  shall  not prevent the commissioner from
     6  reproducing a copy of any document specified in that subdivision or from
     7  electronically creating and storing an image of any documents maintained
     8  by the department. Such image or reproduction may be designated  as  the
     9  official  departmental  record.  The  original document may be destroyed
    10  after such reproduction or  image  has  been  made  and  filed  and  the
    11  destruction  of  the  reproduction  or  image  shall  be governed by the
    12  provisions of subdivision one of this section.
    13    3. Electronically or mechanically stored records.  Any  electronically
    14  or mechanically stored record relating to:
    15    (a)  certificates  of  title  shall  be retained for a period of seven
    16  years from the date of the issuance of  the  title  plus  an  additional
    17  three consecutive years of inactivity regarding the titled vehicle;
    18    (b)  liens  and  satisfaction  of liens shall be retained for one year
    19  from the date of satisfaction;
    20    (c) renewal of the registration of any motor vehicle or trailer  shall
    21  be  retained for a period of one year from the date of expiration of the
    22  registration issued;
    23    (d) federal-purpose driver's licenses shall be retained for  a  period
    24  of  two  years  from the date of expiration of the last driver's license
    25  issued;
    26    (e) standard driver's license may be retained only for a period of two
    27  years from the date of expiration of the last driver's license issued;
    28    (f) registrations, licenses, or certificates  not  otherwise  provided
    29  for  in this subdivision shall be retained for a period of one year from
    30  the date of expiration of the last registration, license or certificate;
    31    [(f)] (g) documents specified in paragraph [(i)]  (j)  of  subdivision
    32  one  of  this section shall be retained until the document itself may be
    33  destroyed.
    34    4. Whenever any document  referred  to  in  subdivision  one  of  this
    35  section  shall have been destroyed, a document produced from the surviv-
    36  ing electronically or mechanically stored data record shall  be  consid-
    37  ered the original record of such document.
    38    5.  Whenever  any  document  referred  to  in  subdivision one of this
    39  section or any record retained in subdivision three of this section  has
    40  been  retained  beyond the required retention period of such document or
    41  record, the document or record shall not be a public record; and, to the
    42  extent that any document referred to in paragraph (k) of subdivision one
    43  of this section  has  not  been  destroyed  at  the  expiration  of  the
    44  retention  period  set  forth  therein,  such  document  shall be deemed
    45  destroyed as a matter of law for all purposes upon the expiration of the
    46  retention period.
    47    6. Whenever any document  referred  to  in  subdivision  one  of  this
    48  section  is  filed  with  this  department when it is not required to be
    49  filed and is used by this department for no other purposes,  other  than
    50  for  statistics  or research, the document shall not be a public record.
    51  Provided, however, that an accident report filed  with  this  department
    52  when  it is not required to be filed shall not be a public record except
    53  as follows:  for use by the state or any political  subdivision  thereof
    54  for  no other purposes other than for statistics or research relating to
    55  highway safety; for any lawful purpose by a person to whom  such  report
    56  pertains  or  named  in  such report, or his or her authorized represen-

        S. 1747                             5
 
     1  tative; and, for use by any other  person,  or  his  or  her  authorized
     2  representative,  who has demonstrated to the satisfaction of the commis-
     3  sioner that such person is or may be a party to a civil  action  arising
     4  out of the conduct described in such accident report.
     5    7. Where a judge or magistrate reports a license suspension or revoca-
     6  tion  to  the commissioner, following a youthful offender determination,
     7  as is required by section five hundred thirteen  of  this  chapter,  the
     8  commissioner shall not make available the finding of the court of youth-
     9  ful offender status to any person, or public or private agency.
    10    8. Any portion of any record retained by the commissioner that identi-
    11  fies a person's social security number, address, place of birth, country
    12  of  origin,  place  of  employment,  school  or  educational institution
    13  attended, source of income, status as a recipient of public benefits, or
    14  the customer identification number associated with  a  public  utilities
    15  account is not a public record and shall not be disclosed in response to
    16  any  request  for  records  except  where  expressly  authorized by this
    17  section.
    18    9.  The  commissioner  shall  not  disclose  records  or   information
    19  collected  from driver's license or learner's permit applicants or hold-
    20  ers to any law enforcement agency absent a judicial subpoena or judicial
    21  warrant that names  the  individual  whose  information  is  sought.  If
    22  presented  with  a  judicial  subpoena  or  judicial warrant, only those
    23  records or  information  specifically  identified  in  the  subpoena  or
    24  warrant may be disclosed.
    25    10.  The  commissioner shall not permit any third party, including any
    26  law enforcement agency, to have direct physical or electronic access  to
    27  any databases or indexes maintained by the department.
    28    11.  The  commissioner  shall  provide notice to each individual whose
    29  information is requested by any third party, including law  enforcement.
    30  Such notice shall include the identity of the person or agency that made
    31  the request.
    32    12.  Any  databases or indexes maintained by the commissioner of driv-
    33  er's license applicants or holders shall  not  include  an  individual's
    34  social  security  number  or  whether the applicant or holder provided a
    35  social security number, and shall not  identify  whether  an  individual
    36  holds a standard or federal-purpose driver's license.
    37    §  3.  Subparagraphs  (iv), (vi), (vii) and (viii) of paragraph (a) of
    38  subdivision 2 and paragraph (a) of subdivision 5 of section 501  of  the
    39  vehicle  and  traffic law, subparagraphs (vi), (vii) and (viii) of para-
    40  graph (a) of subdivision 2 as added by chapter 173 of the laws of  1990,
    41  subparagraph  (iv) of paragraph (a) of subdivision 2 as amended by chap-
    42  ter 339 of the laws of 2005, paragraph (a) of subdivision 5  as  amended
    43  by  chapter  692 of the laws of 1985, and subparagraph (ii) of paragraph
    44  (a) of subdivision 5 as amended by chapter 644 of the laws of 2002,  are
    45  amended to read as follows:
    46    (iv)  Class D. Such license shall be valid to operate any passenger or
    47  limited use automobile or any truck with a GVWR of not more  than  twen-
    48  ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
    49  of not more than ten thousand pounds, or any such vehicle towing another
    50  vehicle with a GVWR of more  than  ten  thousand  pounds  provided  such
    51  combination  of vehicles has a GCWR of not more than twenty-six thousand
    52  pounds, or any personal use vehicle with a GVWR of not more  than  twen-
    53  ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
    54  of not more than ten thousand pounds, except it shall not  be  valid  to
    55  operate  a  tractor,  a motorcycle other than a class B or C limited use
    56  motorcycle, a vehicle used to transport passengers for hire or for which

        S. 1747                             6
 
     1  a hazardous materials endorsement is required, or a vehicle defined as a
     2  bus in subdivision one of section five hundred  nine-a  of  this  title.
     3  Such  licenses  may be issued either as a standard driver's license or a
     4  federal-purpose driver's license.
     5    (vi)  Class  DJ.  Such license shall be valid to operate only vehicles
     6  which may be operated with a class D license by a person under  eighteen
     7  years  of  age,  except it shall not be valid to operate a motor vehicle
     8  with an unladen weight or a GVWR of more than ten thousand pounds or any
     9  motor vehicle towing another vehicle with an unladen weight or  GVWR  of
    10  more than three thousand pounds. Such license shall automatically become
    11  a  class  D license when the holder becomes eighteen years of age.  Such
    12  licenses may be issued either as a standard driver's license or a feder-
    13  al-purpose driver's license.
    14    (vii) Class M. Such license shall be valid to operate any  motorcycle,
    15  or  any motorcycle, other than a limited use motorcycle, towing a trail-
    16  er.  Such licenses may be issued either as a standard  driver's  license
    17  or a federal-purpose driver's license.
    18    (viii) Class MJ. Such license shall be valid to operate any motorcycle
    19  or  limited use motorcycle by a person under eighteen years of age. Such
    20  license shall automatically become a class M  license  when  the  holder
    21  becomes  eighteen years of age.  Such licenses may be issued either as a
    22  standard driver's license or a federal-purpose driver's license.
    23    (a) The commissioner shall issue learner's permits as provided in this
    24  article.  Such permits may be issued  either  as  a  standard  learner's
    25  permit  or  a  federal-purpose  learner's  permit. Such permits shall be
    26  valid only:
    27    (i) for the operation of a motor vehicle of  a  type  which  could  be
    28  operated  by the holder of the class of license for which application is
    29  being made;
    30    (ii) when the holder is under the immediate supervision and control of
    31  a person at least twenty-one years of age who holds a license  valid  in
    32  this state for the operation of the type of vehicle being operated; and
    33    (iii) in accordance with any additional restrictions prescribed by the
    34  commissioner and noted on such permit.
    35    § 4. Section 501-a of the vehicle and traffic law is amended by adding
    36  three new subdivisions 9, 10 and 11 to read as follows:
    37    9.  Standard driver's license or learner's permit. A license or permit
    38  card that authorizes a person to operate a motor vehicle  as  determined
    39  by the class of license.
    40    10. Federal-purpose driver's license or learner's permit. A license or
    41  permit  card  that  authorizes  a  person  to operate a motor vehicle as
    42  determined by the class of license, and which is intended to meet feder-
    43  al standards for identification accepted by the federal government.
    44    11. Judicial warrant. A warrant based on probable cause and issued  by
    45  a judge appointed pursuant to article III of the United States constitu-
    46  tion  or  a  federal  magistrate judge appointed pursuant to 28 USC 631,
    47  that authorizes federal immigration authorities to take into custody the
    48  person who is the subject of such warrant.
    49    § 5. Subdivisions 1 and 7 of section 502 of the  vehicle  and  traffic
    50  law are REPEALED and a new subdivision 1 is added to read as follows:
    51    1. Application for license. Application for a federal-purpose driver's
    52  license  shall be made to the commissioner pursuant to this section. The
    53  fee prescribed by law may be submitted with such application. The appli-
    54  cant shall furnish such proof of identity, age, and fitness  as  may  be
    55  required  by  the commissioner. Applicants who cannot present sufficient
    56  proof to obtain a federal-purpose driver's  license  shall  be  notified

        S. 1747                             7
 
     1  that  they may be eligible for a standard driver's license under section
     2  five hundred two-b of this article.  The commissioner may  also  provide
     3  that the application procedure shall include the taking of a photo image
     4  or  images  of  the  applicant  in accordance with rules and regulations
     5  prescribed by the commissioner. In addition, the commissioner also shall
     6  require that the applicant provide his or her social security number and
     7  shall provide space on the application so that the applicant may  regis-
     8  ter  in the New York state organ and tissue donor registry under section
     9  forty-three hundred ten of the public  health  law  with  the  following
    10  stated on the application in clear and conspicuous type:
    11    "You  must  fill out the following section: Would you like to be added
    12  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    13  tion'."
    14    The  commissioner  of  health shall not maintain records of any person
    15  who checks "skip this question". Except where the application is made in
    16  person or electronically, failure to check a box shall  not  impair  the
    17  validity of an application, and failure to check "yes" or checking "skip
    18  this question" shall not be construed to imply a wish not to donate.  In
    19  the  case  of  an  applicant under eighteen years of age, checking "yes"
    20  shall not constitute consent to make an anatomical gift or  registration
    21  in  the  donate  life registry, except as otherwise provided pursuant to
    22  the provisions of paragraph (b) of subdivision  one  of  section  forty-
    23  three  hundred  one  of  the  public  health law. Where an applicant has
    24  previously consented to make an anatomical gift  or  registered  in  the
    25  donate  life registry, checking "skip this question" or failing to check
    26  a box shall not impair that consent or  registration.  In  addition,  an
    27  applicant  for  a commercial driver's license who will operate a commer-
    28  cial motor vehicle in interstate commerce shall certify that such appli-
    29  cant meets the requirements to operate a commercial  motor  vehicle,  as
    30  set  forth  in public law 99-570, title XII, and title 49 of the code of
    31  federal regulations, and  all  regulations  promulgated  by  the  United
    32  States  secretary of transportation under the hazardous materials trans-
    33  portation act. In addition,  an  applicant  for  a  commercial  driver's
    34  license shall submit a medical certificate at such intervals as required
    35  by  the  federal  motor  carrier safety improvement act of 1999 and Part
    36  383.71(h) of title 49 of the code of  federal  regulations  relating  to
    37  medical  certification  and  in a manner prescribed by the commissioner.
    38  For purposes of this section  and  sections  five  hundred  three,  five
    39  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    40  certificate" and "medical certification" shall mean a form substantially
    41  in  compliance  with the form set forth in Part 391.43(h) of title 49 of
    42  the code of federal regulations. Upon a determination that the holder of
    43  a commercial driver's license has made any false statement, with respect
    44  to the application for such license, the commissioner shall revoke  such
    45  license.
    46    §  6.  Subdivision 3, paragraph (a) of subdivision 5 and paragraph (a)
    47  of subdivision 6 of section 502 of the vehicle and traffic law, subdivi-
    48  sion 3 as amended by chapter 97 of the laws of 2016,  paragraph  (a)  of
    49  subdivision  5  as amended by chapter 138 of the laws of 1981, and para-
    50  graph (a) of subdivision 6 as amended by section 3 of part K of  chapter
    51  59 of the laws of 2009, are amended to read as follows:
    52    3.  Application  for  learner's permit. An application for a learner's
    53  permit shall be included in the application for a standard  or  federal-
    54  purpose  driver's  license.  A  learner's permit shall be issued in such
    55  form as the commissioner shall determine but shall not be issued  unless
    56  the  applicant  has successfully passed the vision test required by this

        S. 1747                             8
 
     1  section and the test set forth in paragraph (a) of subdivision  four  of
     2  this  section  with  respect  to laws relating to traffic and ability to
     3  read and comprehend traffic signs and  symbols  and  has  satisfactorily
     4  completed  any  course required pursuant to paragraph (a) of subdivision
     5  four of this section. Upon acceptance of an application for a  learner's
     6  permit  the  commissioner  shall  provide  the applicant with a driver's
     7  manual which includes but is not limited to the laws relating  to  traf-
     8  fic,  the  laws  relating  to and physiological effects of driving while
     9  ability impaired and driving while intoxicated, the law  for  exercising
    10  due  care  to avoid colliding with a parked, stopped or standing vehicle
    11  pursuant to section eleven hundred forty-four-a of this chapter,  expla-
    12  nations  of  traffic  signs  and  symbols  and such other matters as the
    13  commissioner may prescribe.
    14    (a) Upon successful completion of the requirements set forth in subdi-
    15  vision four of this section, and upon payment of the fee  prescribed  by
    16  law,  the  commissioner shall issue an appropriate federal-purpose driv-
    17  er's license to the applicant, except that the commissioner  may  refuse
    18  to issue such license:
    19    (i)  if  the applicant is the holder of a currently valid or renewable
    20  license to drive issued by another state [or foreign country] unless the
    21  applicant surrenders such license, or
    22    (ii) if such issuance would be inconsistent  with  the  provisions  of
    23  section five hundred sixteen of this [chapter] title.
    24    (a)  A  license  issued  pursuant  to subdivision five of this section
    25  shall be valid until the expiration date contained thereon, unless  such
    26  license  is suspended, revoked or cancelled. Such license may be renewed
    27  by submission of an application for renewal, the fee prescribed by  law,
    28  proofs  of  prior licensing, fitness and acceptable vision prescribed by
    29  the  commissioner,  the  applicant's  social  security  number,  and  if
    30  required  by  the  commissioner  a  photo image of the applicant in such
    31  numbers and form as the commissioner shall prescribe.   In addition,  an
    32  applicant  for  renewal  of  a  license  containing a hazardous material
    33  endorsement shall pass an examination to retain  such  endorsement.  The
    34  commissioner shall, with respect to the renewal of a hazardous materials
    35  endorsement,  comply  with  the  requirements  imposed  upon  states  by
    36  sections 383.141 and 1572.13 of title 49 of the code  of  federal  regu-
    37  lations.  A  renewal of such license shall be issued by the commissioner
    38  upon approval of such application, except that no such license shall  be
    39  issued  if  its  issuance  would  be inconsistent with the provisions of
    40  section five hundred sixteen of this title, and except that the  commis-
    41  sioner  may  refuse to renew such license if the applicant is the holder
    42  of a currently valid or renewable license to  drive  issued  by  another
    43  state [or foreign country] unless the applicant surrenders such license.
    44    §  7.  The  vehicle and traffic law is amended by adding a new section
    45  502-b to read as follows:
    46    § 502-b. Standard driver's licenses. 1. Issuance of standard  driver's
    47  licenses  and learner's permits. (a) The commissioner shall issue stand-
    48  ard driver's licenses and learner's  permits  in  accordance  with  this
    49  section to any eligible applicant who seeks one.
    50    (b) Such licenses and permits shall be made available with the classi-
    51  fications  of  D, DJ, M, and MJ as defined by subdivision two of section
    52  five hundred one of this article, and shall be valid for the same  peri-
    53  ods as the equivalent class of federal-purpose license.
    54    (c) Such licenses shall be visually identical to federal-purpose driv-
    55  er's  licenses issued pursuant to section five hundred two of this arti-
    56  cle except that such licenses may state "Not for Federal Purposes" in  a

        S. 1747                             9
 
     1  font no larger than the smallest font otherwise appearing on the face of
     2  the  card.  The commissioner may promulgate regulations to approve addi-
     3  tional design  or  color  indicators  for  standard  or  federal-purpose
     4  licenses if required to comply with federal law.
     5    2. Eligibility for standard driver's licenses. (a) Notwithstanding any
     6  other  provision  of  this article, a standard driver's license shall be
     7  issued to any applicant  who  furnishes  proof  of  identity,  age,  and
     8  fitness as required by this section.
     9    (b) Proof of identity and age. The commissioner shall promulgate regu-
    10  lations  to  establish acceptable proof of age and identity for standard
    11  driver's license and learner's permit applicants, provided that:
    12    (i) the commissioner shall accept a passport or government identifica-
    13  tion document issued in a foreign country as at least one form of proof;
    14  and
    15    (ii) if any applicant is required to furnish a social security number,
    16  applicants may have the option of signing an affidavit stating that  the
    17  applicant has not been issued a social security number.
    18    (c)  Proof  of  fitness. Applicants for standard driver's licenses and
    19  learner's permits shall be subject to the same minimum age  requirements
    20  as  provided  for in subdivision two of section five hundred two of this
    21  article, and shall be subject to the same  examination  requirements  as
    22  provided  for  in  subdivision  four of section five hundred two of this
    23  article.
    24    (d) Notwithstanding any other provision  of  this  article  or  title,
    25  applicants  for  standard  driver's licenses and learner's permits shall
    26  not be required to prove that they are lawfully present  in  the  United
    27  States.
    28    3. Application form. (a) The commissioner shall provide an application
    29  form for standard driver's licenses in accordance with this section.
    30    (b)  The  application form may include fields for an applicant's name,
    31  date of birth, residential and mailing address, sex, height, eye  color,
    32  veteran  status, whether the applicant chooses to be an organ donor, and
    33  consent of the applicant's parent or guardian, when applicable.
    34    (c) The applications form shall include a  single  field  to  indicate
    35  whether an applicant has furnished proof of identity as required by this
    36  section, and shall not state the documents used to prove identity.
    37    (d) The applications form shall not state an applicant's ineligibility
    38  for  a  social  security  number where applicable, and shall not state a
    39  person's citizenship or immigration status.
    40    4. Renewals. A standard driver's license or learner's  permit  may  be
    41  renewed  according  to  the  procedures  provided  in subdivision six of
    42  section five hundred two of this  article,  except  that  the  applicant
    43  shall not be required to provide a social security number.
    44    5. Custody of records. (a) Notwithstanding any other provision of this
    45  article,  the  commissioner shall collect, store, and maintain documents
    46  and information furnished by applicants for standard  driver's  licenses
    47  in accordance with this subdivision.
    48    (b)  The  commissioner  shall  not  collect or retain the documents or
    49  copies of the documents furnished by an applicant for a  standard  driv-
    50  er's  license,  including those documents furnished as proof of identity
    51  and age.
    52    (c) The commissioner may collect the application form completed by  an
    53  applicant  for  a  standard driver's license for the period necessary to
    54  review the application, provided that such application and any copies of
    55  such application shall be destroyed after a period of no more  than  six

        S. 1747                            10
 
     1  months.  Application  forms shall not be public records and shall not be
     2  disclosed in response to any public records request.
     3    (d)  The  commissioner  shall  not  disclose any information collected
     4  pursuant to this section to any law enforcement agency absent a judicial
     5  subpoena or judicial warrant that names the individual whose information
     6  is sought. If presented with a judicial subpoena  or  judicial  warrant,
     7  only  those  records  specifically identified in the subpoena or warrant
     8  may be disclosed.
     9    6. Prohibition on discrimination. (a) It shall be a violation of  law,
    10  including  but  not  limited to article fifteen of the executive law, to
    11  discriminate against an individual because he or she applies for, holds,
    12  or presents a standard driver's license or learner's permit.
    13    (b) A standard driver's license or learner's permit shall not be  used
    14  as  evidence  of a person's citizenship or immigration status, and shall
    15  not be the basis for investigating, arresting, or detaining a person.
    16    (c) Employees of the department shall not  inquire  about  a  standard
    17  driver's  license  or  learner's permit applicant's citizenship or immi-
    18  gration status.
    19    § 8. Subdivisions 2 and 3 of section 508 of the  vehicle  and  traffic
    20  law, as added by chapter 780 of the laws of 1972, are amended to read as
    21  follows:
    22    2. Any application required to be filed under this article shall be in
    23  a  manner  and  on  a  form or forms prescribed by the commissioner. The
    24  applicant shall furnish all information required by statute and,  except
    25  where  otherwise  provided  in this title, such other information as the
    26  commissioner shall deem appropriate.
    27    3. License record. The commissioner  shall  keep  a  record  of  every
    28  license  issued  which  record shall be open to public inspection during
    29  reasonable business hours.   Such record shall not  include  the  social
    30  security  number,  address,  place of birth, country of origin, place of
    31  employment,  school  or  educational  institution  attended,  source  of
    32  income,  status as a recipient of public benefits, or the customer iden-
    33  tification number associated with a  public  utilities  account  of  any
    34  license  holders  or  applicants. Neither the commissioner nor his agent
    35  shall be required to allow the  inspection  of  an  application,  or  to
    36  furnish  a  copy  thereof, or information therefrom, until a license has
    37  been issued thereon.
    38    § 9. This act shall take effect immediately.
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