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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10273
SPONSOR: Crespo TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Section 2. Section 201 of the vehicle and traffic law is amended as
follows:
1. The commissioner may destroy any application for a standard driver's
license, including any document required to be filed with such applica-
tion, after the application has been reviewed, provided that such appli-
cation and documents shall be destroyed after having been on file for a
period of six months.
2. Any electronically or mechanically stored record relating to standard
driver's license may be retained only for a period of two years from the
date of expiration of the last driver's license issued.
3. Any portion of any record retained by the commissioner that identi-
fies a person's social security number, address, place of birth, country
of origin, place of employment, school or educational institution
attended, source of income, status as a recipient of public benefits, or
the customer identification number associated with a public utilities
account is not a public record and shall not be disclosed in response to
any request for records except where expressly authorized by this
section.
4. The commissioner shall not disclose records or information collected
from driver's license or learner's permit applicants or holders to any
law enforcement agency absent a judicial subpoena or judicial warrant
that names the individual whose information is sought. If presented with
a judicial subpoena or judicial warrant, only those records or informa-
tion specifically identified in the subpoena or warrant may be
disclosed.
5. The commissioner shall not permit any third party, including any law
enforcement agency, to have direct physical or electronic access to any
databases or indexes maintained by the department.
6. The commissioner shall provide notice to each individual whose infor-
mation is requested by any third party, including law enforcement. Such
notice shall include the identity of the person or agency that made the
request.
7. Any databases or indexes maintained by the commissioner of driver's
license applicants or holders shall not include an individual's social
security number or whether the applicant or holder provided a social
security number, and shall not identify whether an individual holds a
standard or federal-purpose driver's license.
Section 3. This legislation amends certain provisions to make clear that
the most basic types of licenses and permits - those which allow a
person to drive a standard car or motorcycle - can be issued as either
federal purpose or standard licenses.
Section 4. This legislation adds basic definitions for standard and
federal-purpose driver's licenses to clearly distinguish the two, and
adds a basic definition for a judicial warrant.
Section 5.
1. Amends subdivisions 1 and 7 of section 502 of the vehicle and traffic
law to requires that applicants who cannot present sufficient proof to
obtain a federal-purpose driver's license shall be notified that they
may be eligible for a standard driver's license under section.
2. Amends the vehicle and traffic law by adding a new section 502-b that
includes eligibility requirements for standard licenses.
2.1 Issuance of standard driver's licenses and learner's permits.
(a) The commissioner shall issue standard driver's licenses and
learner's permits in accordance with this section to any eligible appli-
cant who seeks one.
(b) Such licenses and permits shall be made available with the classi-
fications of D, DJ, M, and NJ as defined by subsection two of section
five-hundred one of this article, and shall be valid for the same peri-
ods as the equivalent class of federal-purpose license.
(c) Such licenses shall be visually identical to federal-purpose driv-
er's licenses issued pursuant to section five-hundred two of this arti-
cle except that such licenses may state "Not for Federal Purposes" in a
font no larger than the smallest font otherwise appearing on the face of
the card. The commissioner may promulgate regulations to approve addi-
tional design or color indicators for standard or federal-purpose
licenses if required to comply with federal law.
2.2 Eligibility for standard drivers' licenses.
(a) Notwithstanding any other provision of this article, a standard
driver's license shall be issued to any applicant who furnishes proof of
identity, age, and fitness as required by this subsection.
(b) Proof of identity and age. The commissioner shall promulgate regu-
lations to establish acceptable proof of age and identity for standard
driver's license and learner's permit applicants, provided that:
(i) the commissioner shall accept a passport or government identifica-
tion document issued in a foreign country as at least one form of proof;
and
(ii) if any applicant is required to furnish a social security number,
applicants may have the option of signing an affidavit stating that the
applicant has not been issued a social security number.
(c) Proof of fitness. Applicants for standard driver's licenses and
learner's permits shall be subject to the same minimum age requirements
as provided for in subsection two of section five-hundred two of this
article, and shall be subject to the same examination requirements as
provided for in subsection four of section five-hundred two of this
article.
(d) Notwithstanding any other provision of this article or title, appli-
cants for standard driver's licenses and learner's permits shall not be
required to prove that they are lawfully present in the United States.
2.3 Application form.
(a) The commissioner shall provide an application form for standard
driver's licenses in accordance with this subsection.
(b) The application for may include fields for an applicant's name, date
of birth, residential and mailing address, sex, height, eye color,
veteran status, whether the applicant chooses to be an organ donor, and
consent of the applicant's parent or guardian, when applicable.
(c) The applications form shall include a single field to indicate
whether an applicant has furnished proof of identity as required by this
section, and shall not state the documents used to prove identity.
(d) The applications form shall not show the applicant's social security
number, whether the applicant provided a Social Security number, or
whether the applicant is eligible for a Social Security number, and
shall not state a person's citizenship or immigration status.
2.4 Renewals. A standard driver's license or learner's permit may be
renewed according to the procedures provided in subsection six of
section five-hundred two of this article, except that the applicant
shall not be required to provide a Social Security number.
2.5 Custody of records.
(a) Notwithstanding any other provision of this article, the commission-
er shall collect, store, and maintain documents and information
furnished by applicants for standard drivers' licenses in accordance
with this subsection.
(b) The commissioner shall not collect or retain the documents or copies
of the documents furnished by an applicant for a standard drivers'
license, including those documents furnished as proof of identity and
age.
(c) The commissioner may collect the application form completed by an
applicant for a standard drivers' license for the period necessary to
review the application, provided that such application and any copies of
such application shall be destroyed after a period of no more than six
months. Application forms shall not be public records and shall not be
disclosed in response to any public records request.
(d) The commissioner shall not disclose any information collected pursu-
ant to this section to any law enforcement agency absent a judicial
subpoena or judicial warrant that names the individual whose information
is sought. If presented with a judicial subpoena or judicial warrant,
only those records specifically identified in the subpoena or warrant
may be disclosed.
2.6 Prohibition on discrimination.
(a) It shall be a violation of law, including but not limited to article
fifteen of the executive law, to discriminate against an individual
because he or she applies for, holds, or presents a standard driver's
license or learner's permit.
(b) A standard driver's license or learner's permit shall not be used as
evidence of a person's citizenship or immigration status, and shall not
be the basis for investigating, arresting, or detaining a person.
(c) Employees of the department of motor vehicles shall not inquire
about a standard driver's license or learner's permit applicant's citi-
zenship or immigration status.
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 drivers 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 the task of 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.
LEGISLATIVE HISTORY:
New Legislation.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
