Authorizes the department of motor vehicles to issue standard drivers' licenses; 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: A8516
SPONSOR: Cruz TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the issuance
of non-commercial drivers' licenses and learners' permits
PURPOSE:
To clarify provisions of a Chapter of the Laws of 2019 relating to the
issuance of drivers' licenses and learners' permits that do not meet
federal standards for identification.
SUMMARY OF PROVISIONS:
Section one amends a provision prohibiting the Department of Motor Vehi-
cles from disclosing (1) original documents or copies of documents
collected from non-commercial driver's license or learner's permit
applicants or (2) any record that identifies whether the type of driv-
er's license or learner's permit a person holds either meets or does not
meet federal standards for identification, to make an exception as
required for the Department to process an application or renewal appli-
cation for a driver's license or learner's permit that meets federal
standards for identification. This section also amends a provision
relating to a mandatory notice requirement to clarify that the notice
requirement would not apply if prohibited by a lawful court order or
federal judicial warrant.
Section two clarifies a provision prohibiting an application form for a
driver's license or learner's permit which does not meet federal stand-
ards for identification from stating an applicant's citizenship or immi-
gration status, by providing an exception as required to comply with the
National Voter Registration Act of 1993.
Section three provides that this act shall take effect immediately.
JUSTIFICATION:
This legislation is necessary to clarify certain provisions in the
"Driver's License Access and Privacy Act" that relate to procedures that
are required to process the applications of individuals applying for
drivers' licenses and learners' permits that meet federal standards for
identification, and the state's conformance with the National Voter
Registration Act of 1993.
LEGISLATIVE HISTORY:
S.3270 of 2023-2024; Referred to Transportation;
S.2786 of 2021-22: Referred to Transportation
S.6584 of 2019-20: Referred to Transportation
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8516
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the issuance
of non-commercial drivers' licenses and learners' permits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 9 and 10 and paragraph (a) of subdivision 12
2 of section 201 of the vehicle and traffic law, subdivisions 9 and 10 as
3 added by chapter 37 of the laws of 2019 and paragraph (a) of subdivision
4 12 as amended by section 1 of part YYY of chapter 58 of the laws of
5 2020, are amended to read as follows:
6 9. The commissioner shall not disclose or otherwise make accessible
7 original documents or copies of documents collected from non-commercial
8 driver's license or learner's permit applicants or renewal applicants to
9 prove identity, age, or fitness except: (a) to the person who is the
10 subject of such documents; or (b) where expressly required pursuant to
11 chapter three hundred three of part A of subtitle vi of title forty-nine
12 of the United States code; or (c) unless necessary to comply with a
13 lawful court order, judicial warrant signed by a judge appointed pursu-
14 ant to article III of the United States constitution, or subpoena for
15 individual records properly issued pursuant to the criminal procedure
16 law or the civil practice law and rules; or (d) as required for the
17 commissioner to issue or renew a driver's license or learner's permit
18 that meets federal standards for identification.
19 10. The commissioner shall not disclose or otherwise make accessible
20 any portion of any record that identifies whether the type of driver's
21 license or learner's permit that a person holds either meets federal
22 standards for identification or does not meet federal standards for
23 identification except: (a) to the person who is the subject of such
24 record; or (b) where expressly required pursuant to chapter three
25 hundred three of part A of subtitle vi of title forty-nine of the United
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09445-01-5
A. 8516 2
1 States code; or (c) unless necessary to comply with a lawful court
2 order, judicial warrant signed by a judge appointed pursuant to article
3 III of the United States constitution, or subpoena for individual
4 records properly issued pursuant to the criminal procedure law or the
5 civil practice law and rules; or (d) as required for the commissioner to
6 issue or renew a driver's license or learner's permit that meets federal
7 standards for identification.
8 (a) Except as required for the commissioner to issue or renew a driv-
9 er's license or learner's permit that meets federal standards for iden-
10 tification, as necessary for an individual seeking acceptance into a
11 trusted traveler program, or to facilitate vehicle imports and/or
12 exports, the commissioner, and any agent or employee of the commission-
13 er, shall not disclose or make accessible in any manner records or
14 information that [he or she maintains] they maintain, to any agency that
15 primarily enforces immigration law or to any employee or agent of such
16 agency, unless the commissioner is presented with a lawful court order
17 or judicial warrant signed by a judge appointed pursuant to article III
18 of the United States constitution. Upon receiving a request for such
19 records or information from an agency that primarily enforces immi-
20 gration law, the commissioner shall, no later than three days after such
21 request, notify the individual about whom such information was
22 requested, informing such individual of the request and the identity of
23 the agency that made such request unless prohibited by a lawful court
24 order or judicial warrant signed by a judge appointed pursuant to arti-
25 cle III of the United States constitution.
26 § 2. Paragraph (c) of subdivision 8 of section 502 of the vehicle and
27 traffic law, as added by chapter 37 of the laws of 2019, is amended to
28 read as follows:
29 (c) Application forms for non-commercial drivers' licenses and lear-
30 ners' permits which do not meet federal standards for identification or
31 for renewal thereof shall not state (i) the documents an applicant used
32 to prove age or identity, or (ii) an applicant's ineligibility for a
33 social security number where applicable, or (iii) an applicant's citi-
34 zenship or immigration status except as required to comply with the
35 National Voter Registration Act of 1993 (Public Law 103-31), as amended.
36 § 3. This act shall take effect immediately.
