STATE OF NEW YORK
________________________________________________________________________
9116
IN ASSEMBLY
January 21, 2020
___________
Introduced by M. of A. LiPETRI -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to allowing the
commissioner of motor vehicles to share immigration status information
with agencies that enforce immigration law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 8, 9, 10, 11 and 12 of section 201 of the
2 vehicle and traffic law, as added by chapter 37 of the laws of 2019, are
3 amended to read as follows:
4 8. Any portion of any record retained by the commissioner in relation
5 to a non-commercial driver's license or learner's permit application or
6 renewal application that contains the photo image or identifies the
7 social security number, telephone number, place of birth, country of
8 origin, place of employment, school or educational institution attended,
9 source of income, status as a recipient of public benefits, the customer
10 identification number associated with a public utilities account,
11 medical information or disability information of the holder of, or
12 applicant for, such license or permit is not a public record and shall
13 not be disclosed in response to any request for records except: (a) to
14 the person who is the subject of such records; or (b) where expressly
15 required pursuant to chapter three hundred three of part A of subtitle
16 vi of title forty-nine of the United States code; or (c) where necessary
17 to comply with a lawful court order, judicial warrant signed by a judge
18 [appointed pursuant to article III of the United States constitution],
19 or subpoena for individual records issued pursuant to the criminal
20 procedure law or the civil practice law and rules.
21 9. The commissioner shall not disclose or otherwise make accessible
22 original documents or copies of documents collected from non-commercial
23 driver's license or learner's permit applicants or renewal applicants to
24 prove identity, age, or fitness except: (a) to the person who is the
25 subject of such documents; or (b) where expressly required pursuant to
26 chapter three hundred three of part A of subtitle vi of title forty-nine
27 of the United States code; or (c) unless necessary to comply with a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14694-03-0
A. 9116 2
1 lawful court order, judicial warrant signed by a judge [appointed pursu-
2 ant to article III of the United States constitution], or subpoena for
3 individual records properly issued pursuant to the criminal procedure
4 law or the civil practice law and rules.
5 10. The commissioner shall not disclose or otherwise make accessible
6 any portion of any record that identifies whether the type of driver's
7 license or learner's permit that a person holds either meets federal
8 standards for identification or does not meet federal standards for
9 identification except: (a) to the person who is the subject of such
10 record; or (b) where expressly required pursuant to chapter three
11 hundred three of part A of subtitle vi of title forty-nine of the United
12 States code; or (c) unless necessary to comply with a lawful court
13 order, judicial warrant signed by a judge [appointed pursuant to article
14 III of the United States constitution], or subpoena for individual
15 records properly issued pursuant to the criminal procedure law or the
16 civil practice law and rules.
17 11. For the purposes of this section, whenever a lawful court order,
18 judicial warrant, or subpoena for individual records properly issued
19 pursuant to the criminal procedure law or the civil practice law and
20 rules is presented to the commissioner, only those records, documents,
21 or information specifically sought by such court order, warrant, or
22 subpoena may be disclosed.
23 [12. (a) Except as required for the commissioner to issue or renew a
24 driver's license or learner's permit that meets federal standards for
25 identification, the commissioner, and any agent or employee of the
26 commissioner, shall not disclose or make accessible in any manner
27 records or information that he or she maintains, to any agency that
28 primarily enforces immigration law or to any employee or agent of such
29 agency, unless the commissioner is presented with a lawful court order
30 or judicial warrant signed by a judge appointed pursuant to article III
31 of the United States constitution. Upon receiving a request for such
32 records or information from an agency that primarily enforces immi-
33 gration law, the commissioner shall, no later than three days after such
34 request, notify the individual about whom such information was
35 requested, informing such individual of the request and the identity of
36 the agency that made such request.
37 (b) The commissioner shall require any person or entity that receives
38 or has access to records or information from the department to certify
39 to the commissioner, before such receipt or access, that such person or
40 entity shall not (i) use such records or information for civil immi-
41 gration purposes or (ii) disclose such records or information to any
42 agency that primarily enforces immigration law or to any employee or
43 agent of any such agency unless such disclosure is pursuant to a cooper-
44 ative arrangement between city, state and federal agencies which
45 arrangement does not enforce immigration law and which disclosure is
46 limited to the specific records or information being sought pursuant to
47 such arrangement. In addition to any records required to be kept pursu-
48 ant to subdivision (c) of section 2721 of title 18 of the United States
49 code, any person or entity certifying pursuant to this paragraph shall
50 keep for a period of five years records of all uses and identifying each
51 person or entity that primarily enforces immigration law that received
52 department records or information from such certifying person or entity.
53 Such records shall be maintained in a manner and form prescribed by the
54 commissioner and shall be available for inspection by the commissioner
55 or his or her designee upon his or her request.
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1 (c) For purposes of this subdivision, the term "agency that primarily
2 enforces immigration law" shall include, but not be limited to, United
3 States immigration and customs enforcement and United States customs and
4 border protection, and any successor agencies having similar duties.]
5 § 2. This act shall take effect immediately.