|SAME AS||SAME AS S08680|
|COSPNSR||Mayer, Jaffee, Thiele, Peoples-Stokes, Ramos, Sepulveda, Ortiz, Otis, Davila, Cahill, Niou, Carroll, Simon, De La Rosa, Hunter, Taylor, Perry, Kim, Lifton, Espinal, Bronson, Rosenthal L, Dickens, Arroyo, Hevesi, D'Urso|
|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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STATE OF NEW YORK ________________________________________________________________________ 10273 IN ASSEMBLY April 4, 2018 ___________ Introduced by M. of A. CRESPO -- 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 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; 24 (b) any application for renewal of a registration which results in the 25 issuance of a registration renewal of any motor vehicle or trailer, upon 26 entry of an electronic record of renewal on the files; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14471-02-8A. 10273 2 1 (c) any application for a federal-purpose driver's license, including 2 any document required to be filed with any such application, after such 3 application shall have been on file for a period of five years; 4 (d) any application for a standard driver's license, including any 5 document required to be filed with such application, after the applica- 6 tion has been reviewed, provided that such application and documents 7 shall be destroyed after having been on file for a period of six months; 8 (e) any application, including supporting documents, for the registra- 9 tion, other than a renewal of a registration, of a snowmobile after such 10 application shall have been on file for a period of two years; 11 [ (e)] (f) any application for renewal of a registration which results 12 in the issuance of a registration renewal for any snowmobile, upon the 13 expiration of the registration renewal issued; 14 [ (f)] (g) any application, including supporting documents, for regis- 15 tration and/or title of a motorboat, other than an application for 16 renewal of registration, or any notice of a lien on a motorboat after 17 such application shall have been on file for a period of four years; 18 [ (g)] (h) any application for renewal of a registration which results 19 in the issuance of a registration renewal for any motorboat, upon the 20 expiration of the registration renewal issued; 21 [ (h)] (i) any application, including supporting documents relating to 22 ownership, for any other registration, license or certificate issued 23 under this chapter and not specifically otherwise provided for in this 24 subdivision, after such application shall have been on file for a period 25 of five years; 26 [ (i)] (j) (i) any accident reports filed with the commissioner, 27 conviction certificates, police reports, complaints, satisfied judgment 28 records, closed suspension and revocation orders, hearing records, other 29 than audio tape recordings of hearings, significant correspondence 30 relating to any of the same, and any other record on file after remain- 31 ing on file for four years except that if the commissioner shall 32 receive, during the last year of such period of four years, written 33 notice to retain one or more of such papers or documents, the same shall 34 be retained for another four years in addition to said period of four 35 years. The provisions of this paragraph shall not apply to certificates 36 of conviction filed with respect to convictions which affect sentencing 37 or administrative action required by law beyond such four year period. 38 Such certificates may be destroyed after they have no legal effect on 39 sentencing or administrative action; 40 (ii)(A) Notwithstanding the provisions of subparagraph (i) of this 41 paragraph, the commissioner may destroy any conviction certificates and 42 closed suspension and revocation orders after remaining on file for: 43 (1) fifty-five years where the conviction and suspension or revocation 44 order relates to a conviction, suspension or revocation by the holder of 45 any driver's license when operating a commercial motor vehicle, as 46 defined in subdivision four of section five hundred one-a of this chap- 47 ter, or by the holder of a commercial driver's license or commercial 48 learner's permit when operating any motor vehicle, who: has refused to 49 submit to a chemical test pursuant to section eleven hundred ninety-four 50 of this chapter or has been convicted of any of the following offenses: 51 any violation of subdivision two, two-a, three, four or four-a of 52 section eleven hundred ninety-two of this chapter, any violation of 53 subdivision one or two of section six hundred of this chapter, any felo- 54 ny involving the use of a motor vehicle, other than the use of a motor 55 vehicle in the commission of a felony involving manufacturing, distrib- 56 uting, dispensing a controlled substance; or the conviction, suspensionA. 10273 3 1 or revocation involves any of the following offenses while operating a 2 commercial motor vehicle: any violation of subdivision five or six of 3 section eleven hundred ninety-two of this chapter, driving a commercial 4 motor vehicle when as a result of prior violations committed while oper- 5 ating a commercial motor vehicle, the driver's commercial driver's 6 license or commercial learner's permit is suspended or revoked, or has 7 been convicted of causing a fatality through the negligent operation of 8 a commercial motor vehicle, including but not limited to the crimes of 9 vehicular manslaughter and criminally negligent homicide as set forth in 10 article one hundred twenty-five of the penal law; 11 (2) fifteen years for violating an out of service order as provided 12 for in the rules and regulations of the department of transportation 13 while operating a commercial motor vehicle. 14 (B) Any conviction arising out of the use of a motor vehicle in the 15 commission of a felony involving manufacturing, distributing, or 16 dispensing a controlled substance shall never be destroyed. 17 (C) The provisions of this subparagraph shall only apply to records 18 requested by a state, the United States secretary of transportation, the 19 person who is the subject of the record, or a motor carrier who employs 20 or who prospectively may employ the person who is the subject of the 21 record. 22 [ (j) audio tape recordings of hearings, two years after such hearing;23 provided, however, that audio tape recordings of hearings held pursuant24 to section two hundred twenty-seven of this chapter may be destroyed25 ninety days after a determination has been made as prescribed in such26 section.] 27 (k) any records, including any reproductions or electronically created 28 images of such records and including any records received by the commis- 29 sioner from a court pursuant to paragraph (c) of subdivision ten of 30 section eleven hundred ninety-two of this chapter or section 31 forty-nine-b of the navigation law, relating to a finding of a violation 32 of section eleven hundred ninety-two-a of this chapter or a waiver of 33 the right to a hearing under section eleven hundred ninety-four-a of 34 this chapter or a finding of a refusal following a hearing conducted 35 pursuant to subdivision three of section eleven hundred ninety-four-a of 36 this chapter or a finding of a violation of section forty-nine-b of the 37 navigation law or a waiver of the right to a hearing or a finding of 38 refusal following a hearing conducted pursuant to such section, after 39 remaining on file for three years after such finding or entry of such 40 waiver or refusal or until the person that is found to have violated 41 such section reaches the age of twenty-one, whichever is the greater 42 period of time. Upon the expiration of the period for destruction of 43 records pursuant to this paragraph, the entirety of the proceedings 44 concerning the violation or alleged violation of such section eleven 45 hundred ninety-two-a of this chapter or such section forty-nine-b of the 46 navigation law, from the initial stop and detention of the operator to 47 the entering of a finding and imposition of sanctions pursuant to any 48 subdivision of section eleven hundred ninety-four-a of this chapter or 49 of section forty-nine-b of the navigation law shall be deemed a nullity, 50 and the operator shall be restored, in contemplation of law, to the 51 status he occupied before the initial stop and prosecution[ .]; and 52 (l) audio tape recordings of hearings, two years after such hearing; 53 provided, however, that audio tape recordings of hearings held pursuant 54 to section two hundred twenty-seven of this title may be destroyed nine- 55 ty days after a determination has been made as prescribed in such 56 section.A. 10273 4 1 2. Reproduction of documents by commissioner. The provisions of subdi- 2 vision one of this section shall not prevent the commissioner from 3 reproducing a copy of any document specified in that subdivision or from 4 electronically creating and storing an image of any documents maintained 5 by the department. Such image or reproduction may be designated as the 6 official departmental record. The original document may be destroyed 7 after such reproduction or image has been made and filed and the 8 destruction of the reproduction or image shall be governed by the 9 provisions of subdivision one of this section. 10 3. Electronically or mechanically stored records. Any electronically 11 or mechanically stored record relating to: 12 (a) certificates of title shall be retained for a period of seven 13 years from the date of the issuance of the title plus an additional 14 three consecutive years of inactivity regarding the titled vehicle; 15 (b) liens and satisfaction of liens shall be retained for one year 16 from the date of satisfaction; 17 (c) renewal of the registration of any motor vehicle or trailer shall 18 be retained for a period of one year from the date of expiration of the 19 registration issued; 20 (d) federal-purpose driver's licenses shall be retained for a period 21 of two years from the date of expiration of the last driver's license 22 issued; 23 (e) standard driver's license may be retained only for a period of two 24 years from the date of expiration of the last driver's license issued; 25 (f) registrations, licenses, or certificates not otherwise provided 26 for in this subdivision shall be retained for a period of one year from 27 the date of expiration of the last registration, license or certificate; 28 [ (f)] (g) documents specified in paragraph [ (i)] (j) of subdivision 29 one of this section shall be retained until the document itself may be 30 destroyed. 31 4. Whenever any document referred to in subdivision one of this 32 section shall have been destroyed, a document produced from the surviv- 33 ing electronically or mechanically stored data record shall be consid- 34 ered the original record of such document. 35 5. Whenever any document referred to in subdivision one of this 36 section or any record retained in subdivision three of this section has 37 been retained beyond the required retention period of such document or 38 record, the document or record shall not be a public record; and, to the 39 extent that any document referred to in paragraph (k) of subdivision one 40 of this section has not been destroyed at the expiration of the 41 retention period set forth therein, such document shall be deemed 42 destroyed as a matter of law for all purposes upon the expiration of the 43 retention period. 44 6. Whenever any document referred to in subdivision one of this 45 section is filed with this department when it is not required to be 46 filed and is used by this department for no other purposes, other than 47 for statistics or research, the document shall not be a public record. 48 Provided, however, that an accident report filed with this department 49 when it is not required to be filed shall not be a public record except 50 as follows: for use by the state or any political subdivision thereof 51 for no other purposes other than for statistics or research relating to 52 highway safety; for any lawful purpose by a person to whom such report 53 pertains or named in such report, or his or her authorized represen- 54 tative; and, for use by any other person, or his or her authorized 55 representative, who has demonstrated to the satisfaction of the commis-A. 10273 5 1 sioner that such person is or may be a party to a civil action arising 2 out of the conduct described in such accident report. 3 7. Where a judge or magistrate reports a license suspension or revoca- 4 tion to the commissioner, following a youthful offender determination, 5 as is required by section five hundred thirteen of this chapter, the 6 commissioner shall not make available the finding of the court of youth- 7 ful offender status to any person, or public or private agency. 8 8. Any portion of any record retained by the commissioner that identi- 9 fies a person's social security number, address, place of birth, country 10 of origin, place of employment, school or educational institution 11 attended, source of income, status as a recipient of public benefits, or 12 the customer identification number associated with a public utilities 13 account is not a public record and shall not be disclosed in response to 14 any request for records except where expressly authorized by this 15 section. 16 9. The commissioner shall not disclose records or information 17 collected from driver's license or learner's permit applicants or hold- 18 ers to any law enforcement agency absent a judicial subpoena or judicial 19 warrant that names the individual whose information is sought. If 20 presented with a judicial subpoena or judicial warrant, only those 21 records or information specifically identified in the subpoena or 22 warrant may be disclosed. 23 10. The commissioner shall not permit any third party, including any 24 law enforcement agency, to have direct physical or electronic access to 25 any databases or indexes maintained by the department. 26 11. The commissioner shall provide notice to each individual whose 27 information is requested by any third party, including law enforcement. 28 Such notice shall include the identity of the person or agency that made 29 the request. 30 12. Any databases or indexes maintained by the commissioner of driv- 31 er's license applicants or holders shall not include an individual's 32 social security number or whether the applicant or holder provided a 33 social security number, and shall not identify whether an individual 34 holds a standard or federal-purpose driver's license. 35 § 3. Subparagraphs (iv), (vi), (vii) and (viii) of paragraph (a) of 36 subdivision 2 and paragraph (a) of subdivision 5 of section 501 of the 37 vehicle and traffic law, subparagraphs (vi), (vii) and (viii) of para- 38 graph (a) of subdivision 2 as added by chapter 173 of the laws of 1990, 39 subparagraph (iv) of paragraph (a) of subdivision 2 as amended by chap- 40 ter 339 of the laws of 2005, paragraph (a) of subdivision 5 as amended 41 by chapter 692 of the laws of 1985, and subparagraph (ii) of paragraph 42 (a) of subdivision 5 as amended by chapter 644 of the laws of 2002, are 43 amended to read as follows: 44 (iv) Class D. Such license shall be valid to operate any passenger or 45 limited use automobile or any truck with a GVWR of not more than twen- 46 ty-six thousand pounds or any such vehicle towing a vehicle with a GVWR 47 of not more than ten thousand pounds, or any such vehicle towing another 48 vehicle with a GVWR of more than ten thousand pounds provided such 49 combination of vehicles has a GCWR of not more than twenty-six thousand 50 pounds, or any personal use vehicle with a GVWR of not more than twen- 51 ty-six thousand pounds or any such vehicle towing a vehicle with a GVWR 52 of not more than ten thousand pounds, except it shall not be valid to 53 operate a tractor, a motorcycle other than a class B or C limited use 54 motorcycle, a vehicle used to transport passengers for hire or for which 55 a hazardous materials endorsement is required, or a vehicle defined as a 56 bus in subdivision one of section five hundred nine-a of this title.A. 10273 6 1 Such licenses may be issued either as a standard driver's license or a 2 federal-purpose driver's license. 3 (vi) Class DJ. Such license shall be valid to operate only vehicles 4 which may be operated with a class D license by a person under eighteen 5 years of age, except it shall not be valid to operate a motor vehicle 6 with an unladen weight or a GVWR of more than ten thousand pounds or any 7 motor vehicle towing another vehicle with an unladen weight or GVWR of 8 more than three thousand pounds. Such license shall automatically become 9 a class D license when the holder becomes eighteen years of age. Such 10 licenses may be issued either as a standard driver's license or a feder- 11 al-purpose driver's license. 12 (vii) Class M. Such license shall be valid to operate any motorcycle, 13 or any motorcycle, other than a limited use motorcycle, towing a trail- 14 er. Such licenses may be issued either as a standard driver's license 15 or a federal-purpose driver's license. 16 (viii) Class MJ. Such license shall be valid to operate any motorcycle 17 or limited use motorcycle by a person under eighteen years of age. Such 18 license shall automatically become a class M license when the holder 19 becomes eighteen years of age. Such licenses may be issued either as a 20 standard driver's license or a federal-purpose driver's license. 21 (a) The commissioner shall issue learner's permits as provided in this 22 article. Such permits may be issued either as a standard learner's 23 permit or a federal-purpose learner's permit. Such permits shall be 24 valid only: 25 (i) for the operation of a motor vehicle of a type which could be 26 operated by the holder of the class of license for which application is 27 being made; 28 (ii) when the holder is under the immediate supervision and control of 29 a person at least twenty-one years of age who holds a license valid in 30 this state for the operation of the type of vehicle being operated; and 31 (iii) in accordance with any additional restrictions prescribed by the 32 commissioner and noted on such permit. 33 § 4. Section 501-a of the vehicle and traffic law is amended by adding 34 three new subdivisions 9, 10 and 11 to read as follows: 35 9. Standard driver's license or learner's permit. A license or permit 36 card that authorizes a person to operate a motor vehicle as determined 37 by the class of license. 38 10. Federal-purpose driver's license or learner's permit. A license or 39 permit card that authorizes a person to operate a motor vehicle as 40 determined by the class of license, and which is intended to meet feder- 41 al standards for identification accepted by the federal government. 42 11. Judicial warrant. A warrant based on probable cause and issued by 43 a judge appointed pursuant to article III of the United States constitu- 44 tion or a federal magistrate judge appointed pursuant to 28 USC 631, 45 that authorizes federal immigration authorities to take into custody the 46 person who is the subject of such warrant. 47 § 5. Subdivisions 1 and 7 of section 502 of the vehicle and traffic 48 law are REPEALED and a new subdivision 1 is added to read as follows: 49 1. Application for license. Application for a federal-purpose driver's 50 license shall be made to the commissioner pursuant to this section. The 51 fee prescribed by law may be submitted with such application. The appli- 52 cant shall furnish such proof of identity, age, and fitness as may be 53 required by the commissioner. Applicants who cannot present sufficient 54 proof to obtain a federal-purpose driver's license shall be notified 55 that they may be eligible for a standard driver's license under section 56 five hundred two-b of this article. The commissioner may also provideA. 10273 7 1 that the application procedure shall include the taking of a photo image 2 or images of the applicant in accordance with rules and regulations 3 prescribed by the commissioner. In addition, the commissioner also shall 4 require that the applicant provide his or her social security number and 5 shall provide space on the application so that the applicant may regis- 6 ter in the New York state organ and tissue donor registry under section 7 forty-three hundred ten of the public health law with the following 8 stated on the application in clear and conspicuous type: 9 "You must fill out the following section: Would you like to be added 10 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 11 tion'." 12 The commissioner of health shall not maintain records of any person 13 who checks "skip this question". Except where the application is made in 14 person or electronically, failure to check a box shall not impair the 15 validity of an application, and failure to check "yes" or checking "skip 16 this question" shall not be construed to imply a wish not to donate. In 17 the case of an applicant under eighteen years of age, checking "yes" 18 shall not constitute consent to make an anatomical gift or registration 19 in the donate life registry, except as otherwise provided pursuant to 20 the provisions of paragraph (b) of subdivision one of section forty- 21 three hundred one of the public health law. Where an applicant has 22 previously consented to make an anatomical gift or registered in the 23 donate life registry, checking "skip this question" or failing to check 24 a box shall not impair that consent or registration. In addition, an 25 applicant for a commercial driver's license who will operate a commer- 26 cial motor vehicle in interstate commerce shall certify that such appli- 27 cant meets the requirements to operate a commercial motor vehicle, as 28 set forth in public law 99-570, title XII, and title 49 of the code of 29 federal regulations, and all regulations promulgated by the United 30 States secretary of transportation under the hazardous materials trans- 31 portation act. In addition, an applicant for a commercial driver's 32 license shall submit a medical certificate at such intervals as required 33 by the federal motor carrier safety improvement act of 1999 and Part 34 383.71(h) of title 49 of the code of federal regulations relating to 35 medical certification and in a manner prescribed by the commissioner. 36 For purposes of this section and sections five hundred three, five 37 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 38 certificate" and "medical certification" shall mean a form substantially 39 in compliance with the form set forth in Part 391.43(h) of title 49 of 40 the code of federal regulations. Upon a determination that the holder of 41 a commercial driver's license has made any false statement, with respect 42 to the application for such license, the commissioner shall revoke such 43 license. 44 § 6. Subdivision 3, paragraph (a) of subdivision 5 and paragraph (a) 45 of subdivision 6 of section 502 of the vehicle and traffic law, subdivi- 46 sion 3 as amended by chapter 97 of the laws of 2016, paragraph (a) of 47 subdivision 5 as amended by chapter 138 of the laws of 1981, and para- 48 graph (a) of subdivision 6 as amended by section 3 of part K of chapter 49 59 of the laws of 2009, are amended to read as follows: 50 3. Application for learner's permit. An application for a learner's 51 permit shall be included in the application for a standard or federal- 52 purpose driver's license. A learner's permit shall be issued in such 53 form as the commissioner shall determine but shall not be issued unless 54 the applicant has successfully passed the vision test required by this 55 section and the test set forth in paragraph (a) of subdivision four of 56 this section with respect to laws relating to traffic and ability toA. 10273 8 1 read and comprehend traffic signs and symbols and has satisfactorily 2 completed any course required pursuant to paragraph (a) of subdivision 3 four of this section. Upon acceptance of an application for a learner's 4 permit the commissioner shall provide the applicant with a driver's 5 manual which includes but is not limited to the laws relating to traf- 6 fic, the laws relating to and physiological effects of driving while 7 ability impaired and driving while intoxicated, the law for exercising 8 due care to avoid colliding with a parked, stopped or standing vehicle 9 pursuant to section eleven hundred forty-four-a of this chapter, expla- 10 nations of traffic signs and symbols and such other matters as the 11 commissioner may prescribe. 12 (a) Upon successful completion of the requirements set forth in subdi- 13 vision four of this section, and upon payment of the fee prescribed by 14 law, the commissioner shall issue an appropriate federal-purpose driv- 15 er's license to the applicant, except that the commissioner may refuse 16 to issue such license: 17 (i) if the applicant is the holder of a currently valid or renewable 18 license to drive issued by another state [ or foreign country] unless the 19 applicant surrenders such license, or 20 (ii) if such issuance would be inconsistent with the provisions of 21 section five hundred sixteen of this chapter. 22 (a) A license issued pursuant to subdivision five of this section 23 shall be valid until the expiration date contained thereon, unless such 24 license is suspended, revoked or cancelled. Such license may be renewed 25 by submission of an application for renewal, the fee prescribed by law, 26 proofs of prior licensing, fitness and acceptable vision prescribed by 27 the commissioner, the applicant's social security number, and if 28 required by the commissioner a photo image of the applicant in such 29 numbers and form as the commissioner shall prescribe. In addition, an 30 applicant for renewal of a license containing a hazardous material 31 endorsement shall pass an examination to retain such endorsement. The 32 commissioner shall, with respect to the renewal of a hazardous materials 33 endorsement, comply with the requirements imposed upon states by 34 sections 383.141 and 1572.13 of title 49 of the code of federal regu- 35 lations. A renewal of such license shall be issued by the commissioner 36 upon approval of such application, except that no such license shall be 37 issued if its issuance would be inconsistent with the provisions of 38 section five hundred sixteen of this title, and except that the commis- 39 sioner may refuse to renew such license if the applicant is the holder 40 of a currently valid or renewable license to drive issued by another 41 state [ or foreign country] unless the applicant surrenders such license. 42 § 7. The vehicle and traffic law is amended by adding a new section 43 502-b to read as follows: 44 § 502-b. Standard driver's licenses. 1. Issuance of standard driver's 45 licenses and learner's permits. (a) The commissioner shall issue stand- 46 ard driver's licenses and learner's permits in accordance with this 47 section to any eligible applicant who seeks one. 48 (b) Such licenses and permits shall be made available with the classi- 49 fications of D, DJ, M, and MJ as defined by subdivision two of section 50 five hundred one of this article, and shall be valid for the same peri- 51 ods as the equivalent class of federal-purpose license. 52 (c) Such licenses shall be visually identical to federal-purpose driv- 53 er's licenses issued pursuant to section five hundred two of this arti- 54 cle except that such licenses may state "Not for Federal Purposes" in a 55 font no larger than the smallest font otherwise appearing on the face of 56 the card. The commissioner may promulgate regulations to approve addi-A. 10273 9 1 tional design or color indicators for standard or federal-purpose 2 licenses if required to comply with federal law. 3 2. Eligibility for standard driver's licenses. (a) Notwithstanding any 4 other provision of this article, a standard driver's license shall be 5 issued to any applicant who furnishes proof of identity, age, and 6 fitness as required by this section. 7 (b) Proof of identity and age. The commissioner shall promulgate regu- 8 lations to establish acceptable proof of age and identity for standard 9 driver's license and learner's permit applicants, provided that: 10 (i) the commissioner shall accept a passport or government identifica- 11 tion document issued in a foreign country as at least one form of proof; 12 and 13 (ii) if any applicant is required to furnish a social security number, 14 applicants may have the option of signing an affidavit stating that the 15 applicant has not been issued a social security number. 16 (c) Proof of fitness. Applicants for standard driver's licenses and 17 learner's permits shall be subject to the same minimum age requirements 18 as provided for in subdivision two of section five hundred two of this 19 article, and shall be subject to the same examination requirements as 20 provided for in subdivision four of section five hundred two of this 21 article. 22 (d) Notwithstanding any other provision of this article or title, 23 applicants for standard driver's licenses and learner's permits shall 24 not be required to prove that they are lawfully present in the United 25 States. 26 3. Application form. (a) The commissioner shall provide an application 27 form for standard driver's licenses in accordance with this section. 28 (b) The application form may include fields for an applicant's name, 29 date of birth, residential and mailing address, sex, height, eye color, 30 veteran status, whether the applicant chooses to be an organ donor, and 31 consent of the applicant's parent or guardian, when applicable. 32 (c) The applications form shall include a single field to indicate 33 whether an applicant has furnished proof of identity as required by this 34 section, and shall not state the documents used to prove identity. 35 (d) The applications form shall not state an applicant's ineligibility 36 for a social security number where applicable, and shall not state a 37 person's citizenship or immigration status. 38 4. Renewals. A standard driver's license or learner's permit may be 39 renewed according to the procedures provided in subdivision six of 40 section five hundred two of this article, except that the applicant 41 shall not be required to provide a social security number. 42 5. Custody of records. (a) Notwithstanding any other provision of this 43 article, the commissioner shall collect, store, and maintain documents 44 and information furnished by applicants for standard driver's licenses 45 in accordance with this subdivision. 46 (b) The commissioner shall not collect or retain the documents or 47 copies of the documents furnished by an applicant for a standard driv- 48 er's license, including those documents furnished as proof of identity 49 and age. 50 (c) The commissioner may collect the application form completed by an 51 applicant for a standard driver's license for the period necessary to 52 review the application, provided that such application and any copies of 53 such application shall be destroyed after a period of no more than six 54 months. Application forms shall not be public records and shall not be 55 disclosed in response to any public records request.A. 10273 10 1 (d) The commissioner shall not disclose any information collected 2 pursuant to this section to any law enforcement agency absent a judicial 3 subpoena or judicial warrant that names the individual whose information 4 is sought. If presented with a judicial subpoena or judicial warrant, 5 only those records specifically identified in the subpoena or warrant 6 may be disclosed. 7 6. Prohibition on discrimination. (a) It shall be a violation of law, 8 including but not limited to article fifteen of the executive law, to 9 discriminate against an individual because he or she applies for, holds, 10 or presents a standard driver's license or learner's permit. 11 (b) A standard driver's license or learner's permit shall not be used 12 as evidence of a person's citizenship or immigration status, and shall 13 not be the basis for investigating, arresting, or detaining a person. 14 (c) Employees of the department shall not inquire about a standard 15 driver's license or learner's permit applicant's citizenship or immi- 16 gration status. 17 § 8. Subdivisions 2 and 3 of section 508 of the vehicle and traffic 18 law, as added by chapter 780 of the laws of 1972, are amended to read as 19 follows: 20 2. Any application required to be filed under this article shall be in 21 a manner and on a form or forms prescribed by the commissioner. The 22 applicant shall furnish all information required by statute and, except 23 where otherwise provided in this title, such other information as the 24 commissioner shall deem appropriate. 25 3. License record. The commissioner shall keep a record of every 26 license issued which record shall be open to public inspection during 27 reasonable business hours. Such record shall not include the social 28 security number, address, place of birth, country of origin, place of 29 employment, school or educational institution attended, source of 30 income, status as a recipient of public benefits, or the customer iden- 31 tification number associated with a public utilities account of any 32 license holders or applicants. Neither the commissioner nor his agent 33 shall be required to allow the inspection of an application, or to 34 furnish a copy thereof, or information therefrom, until a license has 35 been issued thereon. 36 § 9. This act shall take effect immediately.