STATE OF NEW YORK
________________________________________________________________________
10178
IN ASSEMBLY
March 24, 2020
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to repealing
the "driver's license access and privacy act"; and to repeal certain
provisions of such law and chapter 37 of the laws of 2019, amending
the vehicle and traffic law, relating to the issuance of non-commer-
cial 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 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2 vehicle and traffic law are REPEALED.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
25 accordance with rules and regulations prescribed by the commissioner. In
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15525-01-0
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1 addition, the commissioner also shall require that the applicant provide
2 his or her social security number [or, in lieu thereof, with respect to
3 an application for a non-commercial driver's license or learner's permit
4 which does not meet federal standards for identification, an affidavit
5 signed by such applicant that they have not been issued a social securi-
6 ty number. The commissioner also] and shall provide space on the appli-
7 cation so that the applicant may register in the New York state organ
8 and tissue donor registry under section forty-three hundred ten of the
9 public health law with the following stated on the application in clear
10 and conspicuous type:
11 "You must fill out the following section: Would you like to be added
12 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
13 tion'."
14 The commissioner of health shall not maintain records of any person
15 who checks "skip this question". Except where the application is made in
16 person or electronically, failure to check a box shall not impair the
17 validity of an application, and failure to check "yes" or checking "skip
18 this question" shall not be construed to imply a wish not to donate. In
19 the case of an applicant under eighteen years of age, checking "yes"
20 shall not constitute consent to make an anatomical gift or registration
21 in the donate life registry, except as otherwise provided pursuant to
22 the provisions of paragraph (b) of subdivision one of section forty-
23 three hundred one of the public health law. Where an applicant has
24 previously consented to make an anatomical gift or registered in the
25 donate life registry, checking "skip this question" or failing to check
26 a box shall not impair that consent or registration. In addition, an
27 applicant for a commercial driver's license who will operate a commer-
28 cial motor vehicle in interstate commerce shall certify that such appli-
29 cant meets the requirements to operate a commercial motor vehicle, as
30 set forth in public law 99-570, title XII, and title 49 of the code of
31 federal regulations, and all regulations promulgated by the United
32 States secretary of transportation under the hazardous materials trans-
33 portation act. In addition, an applicant for a commercial driver's
34 license shall submit a medical certificate at such intervals as required
35 by the federal motor carrier safety improvement act of 1999 and Part
36 383.71(h) of title 49 of the code of federal regulations relating to
37 medical certification and in a manner prescribed by the commissioner.
38 For purposes of this section and sections five hundred three, five
39 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
40 certificate" and "medical certification" shall mean a form substantially
41 in compliance with the form set forth in Part 391.43(h) of title 49 of
42 the code of federal regulations. Upon a determination that the holder of
43 a commercial driver's license has made any false statement, with respect
44 to the application for such license, the commissioner shall revoke such
45 license.
46 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
47 traffic law, as amended by chapter 37 of the laws of 2019, is amended to
48 read as follows:
49 (a) A license issued pursuant to subdivision five of this section
50 shall be valid until the expiration date contained thereon, unless such
51 license is suspended, revoked or cancelled. Such license may be renewed
52 by submission of an application for renewal, the fee prescribed by law,
53 proofs of prior licensing, fitness and acceptable vision prescribed by
54 the commissioner, the applicant's social security number [or, in lieu
55 thereof, with respect to an application for a non-commercial driver's
56 license or learner's permit which does not meet federal standards for
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1 identification, an affidavit signed by such applicant that they have not
2 been issued a social security number], and if required by the commis-
3 sioner, a photo image of the applicant in such numbers and form as the
4 commissioner shall prescribe. In addition, an applicant for renewal of a
5 license containing a hazardous material endorsement shall pass an exam-
6 ination to retain such endorsement. The commissioner shall, with respect
7 to the renewal of a hazardous materials endorsement, comply with the
8 requirements imposed upon states by sections 383.141 and 1572.13 of
9 title 49 of the code of federal regulations. A renewal of such license
10 shall be issued by the commissioner upon approval of such application,
11 except that no such license shall be issued if its issuance would be
12 inconsistent with the provisions of section five hundred sixteen of this
13 title, and except that the commissioner may refuse to renew such license
14 if the applicant is the holder of a currently valid or renewable license
15 to drive issued by another state or foreign country unless the applicant
16 surrenders such license.
17 § 4. Subdivisions 7 and 8 of section 502 of the vehicle and traffic
18 law, as added by chapter 37 of the laws of 2019, are amended to read as
19 follows:
20 7. [Selective service act. The commissioner shall provide separate
21 space on the application for a learner's permit, driver's license, non-
22 driver identification card, or renewal thereof so that any person who is
23 at least eighteen years of age but less than twenty-six years of age who
24 applies to the commissioner for such permit, license, or card or renewal
25 thereof may opt to register with the selective service in accordance
26 with 50 U.S.C. App 451 et. seq., as amended, if such person is subject
27 to such act, and consent to have the commissioner forward the necessary
28 personal information in accordance with this subdivision. Such consent
29 shall be separate from any other certification or signature on such
30 application. The commissioner shall include on the application a brief
31 statement about the requirement of the law, a citation of the act, and
32 the consequences for failing to meet the same. The commissioner shall
33 forward to the selective service system, in an electronic format, the
34 necessary personal information required for registration only of indi-
35 viduals who have affirmatively opted and consented, pursuant to this
36 subdivision, to authorize the commissioner to forward such information
37 to the selective service system.
38 8. Non-commercial drivers' licenses and learners' permits which do not
39 meet federal standards for identification. (a) Non-commercial drivers'
40 licenses and learners' permits which do not meet federal standards for
41 identification shall be issued in such form as the commissioner shall
42 determine, provided that such licenses and permits shall be visually
43 identical to non-commercial drivers' licenses and learners' permits
44 which do meet federal standards for identification except that such
45 licenses and permits may state "Not for Federal Purposes". Provided,
46 however, that the commissioner may promulgate regulations providing for
47 additional design or color indicators for both such non-commercial driv-
48 ers' licenses and learners' permits if required to comply with federal
49 law.
50 (b) Applicants for a non-commercial driver's license or learner's
51 permit or a renewal thereof shall not be required to prove that they are
52 lawfully present in the United States.
53 (c) Application forms for non-commercial drivers' licenses and lear-
54 ners' permits which do not meet federal standards for identification or
55 for renewal thereof shall not state (i) the documents an applicant used
56 to prove age or identity, or (ii) an applicant's ineligibility for a
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1 social security number where applicable, or (iii) an applicant's citi-
2 zenship or immigration status.
3 (d) The commissioner and any agent or employee of the commissioner
4 shall not retain the documents or copies of documents presented by
5 applicants for non-commercial drivers' licenses or learners' permits
6 which do not meet federal standards for identification to prove age or
7 identity except for a limited period necessary to ensure the validity
8 and authenticity of such documents.
9 (e) (i) A non-commercial driver's license or learner's permit which
10 does not meet federal standards for identification shall not be used as
11 evidence of a person's citizenship or immigration status, and shall not
12 be the basis for investigating, arresting, or detaining a person. (ii)
13 Neither the commissioner nor any agent or employee of the commissioner
14 shall inquire about the citizenship or immigration status of any appli-
15 cant for a non-commercial driver's license or learner's permit which
16 does not meet federal standards for identification.] Compliance with
17 selective service act required. (a) All persons who are at least eigh-
18 teen years of age but less than twenty-six years of age who apply to the
19 commissioner for a learner's permit, driver's license, renewal of
20 license, or non-driver's identification card, shall either: (i) be in
21 compliance with the requirements of the military selective service act
22 as provided for pursuant to 50 U.S.C. App 451 et. seq., as amended, or
23 (ii) consent to permit the commissioner to forward such information as
24 is required to register such individual with the selective service
25 system, if such individual must be registered pursuant to such act.
26 (b) The commissioner shall forward in an electronic format the neces-
27 sary personal information required for registration of such individuals
28 specified in paragraph (a) of this subdivision with the selective
29 service system. Such individual's application to the commissioner for a
30 learner's permit, driver's license, renewal of license, or non-driver's
31 identification card shall serve as an indication that the applicant has
32 already registered with the military selective service act or that such
33 individual is authorizing the commissioner to forward to the selective
34 service system the necessary information for such selective service
35 registration. The commissioner shall notify such applicants on the
36 application form that any application for a learner's permit, driver's
37 license, renewal of license, or non-driver's identification card shall
38 serve as consent to be registered with the selective service system, if
39 so required by federal law.
40 § 5. Subdivisions 2 and 3 of section 508 of the vehicle and traffic
41 law, as amended by chapter 37 of the laws of 2019, are amended to read
42 as follows:
43 2. Any application required to be filed under this article shall be in
44 a manner and on a form or forms prescribed by the commissioner. The
45 applicant shall furnish all information required by statute and[, except
46 as otherwise provided in this title,] such other information as the
47 commissioner shall deem appropriate.
48 3. License record. The commissioner shall keep a record of every
49 license issued which record shall be open to public inspection during
50 reasonable business hours. [Provided, however, that the following infor-
51 mation whenever contained within the record of non-commercial drivers'
52 licenses and learners' permits shall not be open to public inspection:
53 the photo image, social security number, client identification number,
54 name, address, telephone number, place of birth, country of origin,
55 place of employment, school or educational institution attended, source
56 of income, status as a recipient of public benefits, the customer iden-
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1 tification number associated with a public utilities account, medical
2 information or disability information of any holders of, or applicants
3 for, such licenses and permits, and whether such licenses or permits
4 meet federal standards for identification or do not meet federal stand-
5 ards for identification.] Neither the commissioner nor his agent shall
6 be required to allow the inspection of an application, or to furnish a
7 copy thereof, or information therefrom, until a license has been issued
8 thereon.
9 § 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle
10 and traffic law, relating to the issuance of non-commercial drivers'
11 licenses and learners' permits, is REPEALED.
12 § 7. This act shall take effect immediately.