|03/24/2020||referred to transportation|
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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 Subdivisions 8, 9, 10, 11, and 12 of section 201 of the 2 vehicle and traffic law are REPEALED. 3 § 2.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. [ With10 respect to a non-commercial driver's license or learner's permit which11 does not meet federal standards for identification, in addition to the12 acceptable proofs of age and identity approved by the commissioner as of13 January first, two thousand nineteen, acceptable proof of identity shall14 also include, but not be limited to, a valid, unexpired foreign passport15 issued by the applicant's country of citizenship (which shall also be16 eligible as proof of age), a valid, unexpired consular identification17 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 of19 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 the22 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. LBD13487-01-9A. 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 to4 an application for a non-commercial driver's license or learner's permit5 which does not meet federal standards for identification, an affidavit6 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 lieu56 thereof, with respect to an application for a non-commercial driver'sA. 10168 3 1 license or learner's permit which does not meet federal standards for2 identification, an affidavit signed by such applicant that they have not3 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[ , except50 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, source4 of income, status as a recipient of public benefits, the customer iden-5 tification number associated with a public utilities account, medical6 information or disability information of any holders of, or applicants7 for, such licenses and permits, and whether such licenses or permits8 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.