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A10273 Summary:

BILL NOA10273
 
SAME ASSAME AS S08680
 
SPONSORCrespo
 
COSPNSRMayer, 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, Jean-Pierre, Galef, Pretlow, Simotas, Dinowitz
 
MLTSPNSRMagnarelli
 
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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A10273 Text:



 
                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.
                                                                   LBD14471-02-8

        A. 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,  suspension

        A. 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 pursuant
    24  to section two hundred twenty-seven of this  chapter  may  be  destroyed
    25  ninety  days  after  a determination has been made as prescribed in such
    26  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  provide

        A. 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  to

        A. 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.
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