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A05667 Summary:

Rpld §201 subs 8 - 12, §502 subs 1, 7 & 8, amd §§502 & 508, V & T L; rpld §7, Chap 37 of 2019
Repeals the driver's license access and privacy act.
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A05667 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 22, 2021
        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee on Transportation
        AN  ACT  to  amend the vehicle and traffic law, in relation to repealing
          the driver's  license  access  and  privacy  act;  to  repeal  certain
          provisions  of  such  law relating thereto; and to repeal section 7 of
          chapter 39 of the laws of 2019, amending the vehicle and  traffic  law
          relating to the issuance of non-commercial drivers' licenses and lear-
          ners' permits; and to repeal subdivision 1 of section 502 of the vehi-
          cle and traffic law
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 8, 9, 10, 11, and 12 of  section  201  of  the
     2  vehicle and traffic law are REPEALED.
     3    §  2.  Subdivision  1 of section 502 of the vehicle and traffic law is
     4  REPEALED and a new subdivision 1 is added to read as follows:
     5    1. Application for license. Application for a driver's  license  shall
     6  be  made to the commissioner. The fee prescribed by law may be submitted
     7  with such application. The applicant shall furnish such proof of identi-
     8  ty, age, and fitness as may  be  required  by  the  commissioner.    The
     9  commissioner  may  also  provide  that  the  application procedure shall
    10  include the taking of a photo  image  or  images  of  the  applicant  in
    11  accordance with rules and regulations prescribed by the commissioner. In
    12  addition, the commissioner also shall require that the applicant provide
    13  his  or her social security number and shall provide space on the appli-
    14  cation so that the applicant may register in the New  York  state  organ
    15  and  tissue  donor registry under section forty-three hundred ten of the
    16  public health law with the following stated on the application in  clear
    17  and conspicuous type:
    18    "You  must  fill out the following section: Would you like to be added
    19  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    20  tion'."
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5667                             2
     1    The  commissioner  of  health shall not maintain records of any person
     2  who checks "skip this question". Except where the application is made in
     3  person or electronically, failure to check a box shall  not  impair  the
     4  validity of an application, and failure to check "yes" or checking "skip
     5  this  question" shall not be construed to imply a wish not to donate. In
     6  the case of an applicant under eighteen years  of  age,  checking  "yes"
     7  shall  not constitute consent to make an anatomical gift or registration
     8  in the donate life registry, except as otherwise  provided  pursuant  to
     9  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    10  three hundred one of the public  health  law.  Where  an  applicant  has
    11  previously  consented  to  make  an anatomical gift or registered in the
    12  donate life registry, checking "skip this question" or failing to  check
    13  a  box  shall  not  impair that consent or registration. In addition, an
    14  applicant for a commercial driver's license who will operate  a  commer-
    15  cial motor vehicle in interstate commerce shall certify that such appli-
    16  cant  meets  the  requirements to operate a commercial motor vehicle, as
    17  set forth in public law 99-570, title XII, and title 49 of the  code  of
    18  federal  regulations,  and  all  regulations  promulgated  by the United
    19  States secretary of transportation under the hazardous materials  trans-
    20  portation  act.  In  addition,  an  applicant  for a commercial driver's
    21  license shall submit a medical certificate at such intervals as required
    22  by the federal motor carrier safety improvement act  of  1999  and  Part
    23  383.71(h)  of  title  49  of the code of federal regulations relating to
    24  medical certification and in a manner prescribed  by  the  commissioner.
    25  For  purposes  of  this  section  and  sections five hundred three, five
    26  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    27  certificate" and "medical certification" shall mean a form substantially
    28  in compliance with the form set forth in Part 391.43(h) of title  49  of
    29  the code of federal regulations. Upon a determination that the holder of
    30  a commercial driver's license has made any false statement, with respect
    31  to  the application for such license, the commissioner shall revoke such
    32  license.
    33    § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle  and
    34  traffic law, as amended by chapter 37 of the laws of 2019, is amended to
    35  read as follows:
    36    (a)  A  license  issued  pursuant  to subdivision five of this section
    37  shall be valid until the expiration date contained thereon, unless  such
    38  license  is suspended, revoked or cancelled. Such license may be renewed
    39  by submission of an application for renewal, the fee prescribed by  law,
    40  proofs  of  prior licensing, fitness and acceptable vision prescribed by
    41  the commissioner, the applicant's social security number  [or,  in  lieu
    42  thereof,  with  respect  to an application for a non-commercial driver's
    43  license or learner's permit which does not meet  federal  standards  for
    44  identification, an affidavit signed by such applicant that they have not
    45  been  issued  a  social security number], and if required by the commis-
    46  sioner, a photo image of the applicant in such numbers and form  as  the
    47  commissioner shall prescribe. In addition, an applicant for renewal of a
    48  license  containing a hazardous material endorsement shall pass an exam-
    49  ination to retain such endorsement. The commissioner shall, with respect
    50  to the renewal of a hazardous materials  endorsement,  comply  with  the
    51  requirements  imposed  upon  states  by  sections 383.141 and 1572.13 of
    52  title 49 of the code of federal regulations. A renewal of  such  license
    53  shall  be  issued by the commissioner upon approval of such application,
    54  except that no such license shall be issued if  its  issuance  would  be
    55  inconsistent with the provisions of section five hundred sixteen of this
    56  title, and except that the commissioner may refuse to renew such license

        A. 5667                             3
     1  if the applicant is the holder of a currently valid or renewable license
     2  to drive issued by another state or foreign country unless the applicant
     3  surrenders such license.
     4    §  4.  Subdivisions  7 and 8 of section 502 of the vehicle and traffic
     5  law are REPEALED and a new subdivision 7 is added to read as follows:
     6    7. Compliance with selective service act required. (a) All persons who
     7  are at least eighteen years of age but less than twenty-six years of age
     8  who apply to the commissioner for a learner's permit, driver's  license,
     9  renewal  of  license, or non-driver's identification card, shall either:
    10  (i) be in compliance with the requirements  of  the  military  selective
    11  service  act  as provided for pursuant to 50 U.S.C. App 451 et. seq., as
    12  amended, or (ii) consent to permit  the  commissioner  to  forward  such
    13  information  as  is required to register such individual with the selec-
    14  tive service system, if such individual must be registered  pursuant  to
    15  such act.
    16    (b)  The commissioner shall forward in an electronic format the neces-
    17  sary personal information required for registration of such  individuals
    18  specified  in  paragraph  (a)  of  this  subdivision  with the selective
    19  service system. Such individual's application to the commissioner for  a
    20  learner's  permit,  driver's license, renewal of license or non-driver's
    21  identification card shall serve as an indication that the applicant  has
    22  already  registered with the military selective service act or that such
    23  individual is authorizing the commissioner to forward to  the  selective
    24  service  system  the  necessary  information  for such selective service
    25  registration. The commissioner  shall  notify  such  applicants  on  the
    26  application  form  that any application for a learner's permit, driver's
    27  license, renewal of license or non-driver's  identification  card  shall
    28  serve  as consent to be registered with the selective service system, if
    29  so required by federal law.
    30    § 5. Subdivisions 2 and 3 of section 508 of the  vehicle  and  traffic
    31  law,  as  amended by chapter 37 of the laws of 2019, are amended to read
    32  as follows:
    33    2. Any application required to be filed under this article shall be in
    34  a manner and on a form or forms  prescribed  by  the  commissioner.  The
    35  applicant shall furnish all information required by statute and[, except
    36  as  otherwise  provided  in  this  title,] such other information as the
    37  commissioner shall deem appropriate.
    38    3. License record. The commissioner  shall  keep  a  record  of  every
    39  license  issued  which  record shall be open to public inspection during
    40  reasonable business hours. [Provided, however, that the following infor-
    41  mation whenever contained within the record of  non-commercial  drivers'
    42  licenses  and  learners' permits shall not be open to public inspection:
    43  the photo image, social security number, client  identification  number,
    44  name,  address,  telephone  number,  place  of birth, country of origin,
    45  place of employment, school or educational institution attended,  source
    46  of  income, status as a recipient of public benefits, the customer iden-
    47  tification number associated with a public  utilities  account,  medical
    48  information  or  disability information of any holders of, or applicants
    49  for, such licenses and permits, and whether  such  licenses  or  permits
    50  meet  federal standards for identification or do not meet federal stand-
    51  ards for identification.] Neither the commissioner nor his  agent  shall
    52  be  required  to allow the inspection of an application, or to furnish a
    53  copy thereof, or information therefrom, until a license has been  issued
    54  thereon.

        A. 5667                             4
     1    § 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle
     2  and  traffic  law  relating  to  the issuance of non-commercial drivers'
     3  licenses and learners' permits, is REPEALED.
     4    §  7.  This  act shall take effect immediately. Effective immediately,
     5  the addition, amendment and/or repeal of any rule or  regulation  neces-
     6  sary  for  the  implementation  of  this  act  on its effective date are
     7  authorized to be made and completed on or before such date.
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