|SAME AS||No Same As|
|COSPNSR||Ramos, Steck, Hunter, Jaffee, Skartados, Perry|
|Amd §§201, 490, 502, 504-a & 508, V & T L|
|Relates to authorizing the department of motor vehicles to issue limited purpose drivers' licenses; authorizes the issuance of limited purpose drivers' licenses where an applicant shall not be required to establish legal presence in the United States at the time of application; provides that such license may be used as legal identification.|
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STATE OF NEW YORK ________________________________________________________________________ 4050 2017-2018 Regular Sessions IN ASSEMBLY January 31, 2017 ___________ Introduced by M. of A. MOYA -- read once and referred 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 limited purpose drivers' licenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 1 of section 201 of the vehi- 2 cle and traffic law, as added by chapter 380 of the laws of 1980, is 3 amended to read as follows: 4 (c) any application for a driver's license or identification card, 5 including any source document required to be filed with any such appli- 6 cation, after such application shall have been on file for a period of 7 [ five] seven years and any images of source documents presented for a 8 minimum of ten years; 9 § 2. Section 490 of the vehicle and traffic law is amended by adding a 10 new subdivision 4 to read as follows: 11 4. Federal Compliance. (a) The commissioner may offer an identifica- 12 tion card that will be accepted by the federal government for any offi- 13 cial purpose, subject to the applicable federal requirements, including 14 the satisfaction of all requirements of the Real ID Act of 2005 (Pub. L. 15 109-13). 16 (b) Any identification card not satisfying the requirements of para- 17 graph (a) of this subdivision shall state the following on the face of 18 the card and in its machine-readable zone, in a font size no larger than 19 the smallest font size otherwise appearing on the card: "Not valid for 20 official federal purposes." The commissioner may incorporate different 21 features but only if doing so would result in a card that appears more 22 similar to an identification card issued under paragraph (a) of this 23 subdivision, or if required by the department of homeland security; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09494-01-7A. 4050 2 1 provided, that the commissioner does so to the minimum extent necessary 2 to comply with the Real ID Act of 2005 (Pub. L. 109-13). 3 (c) The requirements of this section shall not apply where inconsist- 4 ent with the provisions of section five hundred four-a of this chapter. 5 § 3. Section 502 of the vehicle and traffic law is amended by adding a 6 new subdivision 8 to read as follows: 7 8. The requirements of this section shall not apply where inconsistent 8 with the provisions of section five hundred four-a of this article. 9 § 4. The vehicle and traffic law is amended by adding a new section 10 504-a to read as follows: 11 § 504-a. Enhanced and limited purpose drivers' licenses. 1. Enhanced 12 driver's license. The commissioner may offer a driver's license that 13 will be accepted by the federal government for any official purpose, 14 subject to the applicable federal requirements, including the satisfac- 15 tion of all requirements of the Real ID Act of 2005 (Pub. L. 109-13). 16 2. Limited purpose driver's license. (a) The commissioner shall issue 17 a limited purpose driver's license or permit to an applicant who can 18 provide proof of identity, age, and fitness in accordance with this 19 section. 20 (b) To obtain a limited purpose driver's license or permit in accord- 21 ance with paragraph (a) of this subdivision, an applicant shall furnish 22 such proof of identity, age, and fitness as may be required by the 23 commissioner. The commissioner shall promulgate reasonable regulations 24 and requirements in accordance with the following: 25 (i) the commissioner shall promulgate a list of acceptable documenta- 26 tion for proof of identity, age, and fitness, which list (A) shall 27 include official documentation issued by a foreign country; (B) shall 28 ascribe similar weight to like documents, whether issued domestically or 29 abroad; and (C) shall include any other documentation the commissioner 30 deems appropriate; 31 (ii) the commissioner shall require each applicant to provide a social 32 security number or a sworn statement under the penalty of perjury, stat- 33 ing the applicant's identity and the fact that he or she has not been 34 issued a social security number; and 35 (iii) an applicant shall not be required to establish legal presence 36 in the United States at the time of application. 37 (c) A limited purpose driver's license or permit issued under this 38 subdivision shall state the following on the face of the card and in its 39 machine-readable zone, in a font size no larger than the smallest font 40 size otherwise appearing on the card: "Not valid for official federal 41 purposes." The commissioner may incorporate different features but only 42 if doing so would result in a card that appears more similar to a 43 license issued under subdivision one of this section, or if required by 44 the department of homeland security; provided, that the commissioner 45 does so to the minimum extent necessary to comply with the Real ID Act 46 of 2005 (Pub. L. 109-13). 47 (d) A limited purpose driver's license issued pursuant to this subdi- 48 vision shall not be used to consider or as evidence of the holder's 49 citizenship or immigration status, and such driver's license or informa- 50 tion retained by the commissioner associated with such license shall not 51 be used as a basis for a criminal investigation, arrest, or detention in 52 circumstances where a holder of a driver's license that was not issued 53 pursuant to this subdivision would not be criminally investigated, 54 arrested, or detained.A. 4050 3 1 (e) Licenses issued pursuant to this subdivision shall be valid for 2 the same duration of time as licenses of the same class issued pursuant 3 to subdivision one of this section. 4 (f) It shall be a violation of law including but not limited to, arti- 5 cle fifteen of the executive law, to discriminate against an individual 6 because he or she applies for, holds, or presents a license issued 7 pursuant to this paragraph. 8 (g) Except as otherwise expressly provided by law, a license issued 9 pursuant to this subdivision may be used as legal identification of the 10 holder to whom the license is issued. 11 3. Applicant Records. (a) The commissioner shall not keep separate 12 records of licenses issued pursuant to subdivisions one and two of this 13 section. 14 (b) The commissioner shall, pursuant to paragraph (12) of subdivision 15 (d) of Section 202 of the Real ID Act of 2005 (Pub. L. 109-13), provide 16 electronic access to all other states only to the information retained 17 by the commissioner and listed in subdivision (b) of Section 202 of the 18 Real ID Act of 2005 (Pub. L. 109-13). 19 (c) Information collected pursuant to this section shall not be deemed 20 to be a public record and shall not be disclosed by the commissioner 21 except (i) with the consent of the individual about whom the information 22 pertains, (ii) as necessary to comply with a legally and validly issued 23 warrant or subpoena that specifically identifies the person about whom 24 such information is sought, or (iii) as otherwise required by law. 25 (d) Information relating to the citizenship or immigration status of 26 an applicant for a license under this section shall not be collected or 27 retained in any record of the commissioner. 28 (e) Notwithstanding the provisions of section two hundred one of this 29 chapter, the commissioner shall return or destroy and not retain 30 originals or copies in any form of documents provided by an applicant to 31 prove identity or residency under this section for longer than the time 32 needed to review the application, or as otherwise required by applicable 33 law. 34 (f) The commissioner, in its discretion and to the fullest extent 35 permitted by applicable law, may deny access to any or all information 36 if it finds the requesting entity's or person's purpose in requesting 37 such information violates this section, is improper, or that the request 38 was made in bad faith. 39 (g) When permitted by law, the commissioner shall provide notice to 40 each individual whose information has been requested from the commis- 41 sioner, and such notice shall include statements that such individual's 42 information has been requested, identifying the date and source of such 43 request, and that such information, if any, will be furnished to the 44 requesting party. 45 (h) Anyone that requests information pursuant to paragraph (c) of this 46 subdivision, other than the individual about whom the information 47 pertains, shall sign an agreement acknowledging their responsibility to 48 protect the confidentiality of such information. The agreement shall 49 contain, at a minimum: (i) a prohibition against using the information 50 in violation of this section or applicable law; (ii) an obligation by 51 the recipient not to re-disclose the information obtained; (iii) an 52 obligation to use appropriate technical, physical and administrative 53 safeguards to prevent unauthorized use or disclosure; and (iv) other 54 requirements as deemed necessary by the commissioner. 55 § 5. Section 508 of the vehicle and traffic law is amended by adding 56 two new subdivisions 6 and 7 to read as follows:A. 4050 4 1 6. The commissioner shall, by October first, two thousand nineteen, 2 promulgate such rules and regulations as are necessary to comply with 3 the Real ID Act of 2005 (Pub. L. 109-13) and submit all certifications 4 requisite thereto. 5 7. The requirements of this section shall not apply where inconsistent 6 with the provisions of section five hundred four-a of this article. 7 § 6. This act shall take effect one year after it shall have become a 8 law; provided, however, that the commissioner of motor vehicles shall 9 promulgate any rules and regulations necessary for the timely implemen- 10 tation of the provisions of this act on or before such effective date.