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A10168 Summary:

BILL NOA10168
 
SAME ASSAME AS S06631
 
SPONSORBrabenec
 
COSPNSR
 
MLTSPNSR
 
Rpld 201 subs 8 - 12, 502 subs 7 & 8, amd 502 & 508, V & T L; rpld 7, Chap 37 of 2019
 
Repeals the driver's license access and privacy act.
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A10168 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10168
 
                   IN ASSEMBLY
 
                                     March 24, 2020
                                       ___________
 
        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee on Transportation
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to repealing
          the driver's  license  access  and  privacy  act;  to  repeal  certain
          provisions  of  such  law relating thereto; and to repeal section 7 of
          chapter 39 of the laws of 2019, amending the vehicle and  traffic  law
          relating to the issuance of non-commercial drivers' licenses and lear-
          ners' permits
 
          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     2  vehicle and traffic law are REPEALED.
     3    §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
     4  amended by chapter 37 of the  laws  of  2019,  is  amended  to  read  as
     5  follows:
     6    1.  Application  for license. Application for a driver's license shall
     7  be made to the commissioner. The fee prescribed by law may be  submitted
     8  with such application. The applicant shall furnish such proof of identi-
     9  ty,  age,  and  fitness  as  may  be required by the commissioner. [With
    10  respect to a non-commercial driver's license or learner's  permit  which
    11  does  not  meet federal standards for identification, in addition to the
    12  acceptable proofs of age and identity approved by the commissioner as of
    13  January first, two thousand nineteen, acceptable proof of identity shall
    14  also include, but not be limited to, a valid, unexpired foreign passport
    15  issued by the applicant's country of citizenship (which  shall  also  be
    16  eligible  as  proof  of age), a valid, unexpired consular identification
    17  document issued by a consulate from the applicant's country of  citizen-
    18  ship, or a valid foreign driver's license that includes a photo image of
    19  the  applicant  and  which is unexpired or expired for less than twenty-
    20  four months of its date of expiration, as primary forms of  such  proof.
    21  Nothing  contained  in  this subdivision shall be deemed to preclude the
    22  commissioner from approving additional proofs of identity and age.]  The
    23  commissioner  may  also  provide  that  the  application procedure shall
    24  include the taking of a photo  image  or  images  of  the  applicant  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13487-01-9

        A. 10168                            2
 
     1  accordance with rules and regulations prescribed by the commissioner. In
     2  addition, the commissioner also shall require that the applicant provide
     3  his  or her social security number [or, in lieu thereof, with respect to
     4  an application for a non-commercial driver's license or learner's permit
     5  which  does  not meet federal standards for identification, an affidavit
     6  signed by such applicant that they have not been issued a social securi-
     7  ty number. The commissioner also] and shall provide space on the  appli-
     8  cation  so  that  the applicant may register in the New York state organ
     9  and tissue donor registry under section forty-three hundred ten  of  the
    10  public  health law with the following stated on the application in clear
    11  and conspicuous type:
    12    "You must fill out the following section: Would you like to  be  added
    13  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    14  tion'."
    15    The commissioner of health shall not maintain records  of  any  person
    16  who checks "skip this question". Except where the application is made in
    17  person  or  electronically,  failure to check a box shall not impair the
    18  validity of an application, and failure to check "yes" or checking "skip
    19  this question" shall not be construed to imply a wish not to donate.  In
    20  the  case  of  an  applicant under eighteen years of age, checking "yes"
    21  shall not constitute consent to make an anatomical gift or  registration
    22  in  the  donate  life registry, except as otherwise provided pursuant to
    23  the provisions of paragraph (b) of subdivision  one  of  section  forty-
    24  three  hundred  one  of  the  public  health law. Where an applicant has
    25  previously consented to make an anatomical gift  or  registered  in  the
    26  donate  life registry, checking "skip this question" or failing to check
    27  a box shall not impair that consent or  registration.  In  addition,  an
    28  applicant  for  a commercial driver's license who will operate a commer-
    29  cial motor vehicle in interstate commerce shall certify that such appli-
    30  cant meets the requirements to operate a commercial  motor  vehicle,  as
    31  set  forth  in public law 99-570, title XII, and title 49 of the code of
    32  federal regulations, and  all  regulations  promulgated  by  the  United
    33  States  secretary of transportation under the hazardous materials trans-
    34  portation act. In addition,  an  applicant  for  a  commercial  driver's
    35  license shall submit a medical certificate at such intervals as required
    36  by  the  federal  motor  carrier safety improvement act of 1999 and Part
    37  383.71(h) of title 49 of the code of  federal  regulations  relating  to
    38  medical  certification  and  in a manner prescribed by the commissioner.
    39  For purposes of this section  and  sections  five  hundred  three,  five
    40  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    41  certificate" and "medical certification" shall mean a form substantially
    42  in  compliance  with the form set forth in Part 391.43(h) of title 49 of
    43  the code of federal regulations. Upon a determination that the holder of
    44  a commercial driver's license has made any false statement, with respect
    45  to the application for such license, the commissioner shall revoke  such
    46  license.
    47    §  3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
    48  traffic law, as amended by chapter 37 of the laws of 2019, is amended to
    49  read as follows:
    50    (a) A license issued pursuant to  subdivision  five  of  this  section
    51  shall  be valid until the expiration date contained thereon, unless such
    52  license is suspended, revoked or cancelled. Such license may be  renewed
    53  by  submission of an application for renewal, the fee prescribed by law,
    54  proofs of prior licensing, fitness and acceptable vision  prescribed  by
    55  the  commissioner,  the  applicant's social security number [or, in lieu
    56  thereof, with respect to an application for  a  non-commercial  driver's

        A. 10168                            3

     1  license  or  learner's  permit which does not meet federal standards for
     2  identification, an affidavit signed by such applicant that they have not
     3  been issued a social security number], and if required  by  the  commis-
     4  sioner,  a  photo image of the applicant in such numbers and form as the
     5  commissioner shall prescribe. In addition, an applicant for renewal of a
     6  license containing a hazardous material endorsement shall pass an  exam-
     7  ination to retain such endorsement. The commissioner shall, with respect
     8  to  the  renewal  of  a hazardous materials endorsement, comply with the
     9  requirements imposed upon states by  sections  383.141  and  1572.13  of
    10  title  49  of the code of federal regulations. A renewal of such license
    11  shall be issued by the commissioner upon approval of  such  application,
    12  except  that  no  such  license shall be issued if its issuance would be
    13  inconsistent with the provisions of section five hundred sixteen of this
    14  title, and except that the commissioner may refuse to renew such license
    15  if the applicant is the holder of a currently valid or renewable license
    16  to drive issued by another state or foreign country unless the applicant
    17  surrenders such license.
    18    § 4. Subdivisions 7 and 8 of section 502 of the  vehicle  and  traffic
    19  law are REPEALED and a new subdivision 7 is added to read as follows:
    20    7. Compliance with selective service act required. (a) All persons who
    21  are at least eighteen years of age but less than twenty-six years of age
    22  who  apply to the commissioner for a learner's permit, driver's license,
    23  renewal of license, or non-driver's identification card,  shall  either:
    24  (i)  be  in  compliance  with the requirements of the military selective
    25  service act as provided for pursuant to 50 U.S.C. App 451 et.  seq.,  as
    26  amended,  or  (ii)  consent  to  permit the commissioner to forward such
    27  information as is required to register such individual with  the  selec-
    28  tive  service  system, if such individual must be registered pursuant to
    29  such act.
    30    (b) The commissioner shall forward in an electronic format the  neces-
    31  sary  personal information required for registration of such individuals
    32  specified in paragraph  (a)  of  this  subdivision  with  the  selective
    33  service  system. Such individual's application to the commissioner for a
    34  learner's permit, driver's license, renewal of license  or  non-driver's
    35  identification  card shall serve as an indication that the applicant has
    36  already registered with the military selective service act or that  such
    37  individual  is  authorizing the commissioner to forward to the selective
    38  service system the necessary  information  for  such  selective  service
    39  registration.  The  commissioner  shall  notify  such  applicants on the
    40  application form that any application for a learner's  permit,  driver's
    41  license,  renewal  of  license or non-driver's identification card shall
    42  serve as consent to be registered with the selective service system,  if
    43  so required by federal law.
    44    §  5.  Subdivisions  2 and 3 of section 508 of the vehicle and traffic
    45  law, as amended by chapter 37 of the laws of 2019, are amended  to  read
    46  as follows:
    47    2. Any application required to be filed under this article shall be in
    48  a  manner  and  on  a  form or forms prescribed by the commissioner. The
    49  applicant shall furnish all information required by statute and[, except
    50  as otherwise provided in this title,]  such  other  information  as  the
    51  commissioner shall deem appropriate.
    52    3.  License  record.  The  commissioner  shall  keep a record of every
    53  license issued which record shall be open to  public  inspection  during
    54  reasonable business hours. [Provided, however, that the following infor-
    55  mation  whenever  contained within the record of non-commercial drivers'
    56  licenses and learners' permits shall not be open to  public  inspection:

        A. 10168                            4

     1  the  photo  image, social security number, client identification number,
     2  name, address, telephone number, place  of  birth,  country  of  origin,
     3  place  of employment, school or educational institution attended, source
     4  of  income, status as a recipient of public benefits, the customer iden-
     5  tification number associated with a public  utilities  account,  medical
     6  information  or  disability information of any holders of, or applicants
     7  for, such licenses and permits, and whether  such  licenses  or  permits
     8  meet  federal standards for identification or do not meet federal stand-
     9  ards for identification.] Neither the commissioner nor his  agent  shall
    10  be  required  to allow the inspection of an application, or to furnish a
    11  copy thereof, or information therefrom, until a license has been  issued
    12  thereon.
    13    § 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle
    14  and  traffic  law  relating  to  the issuance of non-commercial drivers'
    15  licenses and learners' permits, is REPEALED.
    16    § 7. This act shall take effect on the same date and  same  manner  as
    17  chapter 37 of the laws of 2019, takes effect. Effective immediately, the
    18  addition,  amendment  and/or  repeal of any rule or regulation necessary
    19  for the implementation of this act on its effective date are  authorized
    20  to be made and completed on or before such date.
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