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S04736 Summary:

BILL NOS04736
 
SAME ASSAME AS A08516
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Amd §§201 & 502, V & T L
 
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.
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S04736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4736
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 12, 2025
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed 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

        S. 4736                             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.
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