Amd §§201 & 502, V & T L (as proposed in S.1747-B & A.3675-B)
 
Authorizes the department of motor vehicles to issue standard drivers' licenses and restricts what information can be retained and given out on those applying or holding standard drivers' licenses.
STATE OF NEW YORK
________________________________________________________________________
6584
2019-2020 Regular Sessions
IN SENATE
June 17, 2019
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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, as added by a chapter of
3 the laws of 2019, amending the vehicle and traffic law relating to the
4 issuance of non-commercial drivers' licenses and learners' permits; and
5 to repeal certain provisions of such law relating to driver's license
6 applications, as proposed in legislative bills numbers S. 1747-B and A.
7 3675-B, are amended to read as follows:
8 9. The commissioner shall not disclose or otherwise make accessible
9 original documents or copies of documents collected from non-commercial
10 driver's license or learner's permit applicants or renewal applicants to
11 prove identity, age, or fitness except: (a) to the person who is the
12 subject of such documents; or (b) where expressly required pursuant to
13 chapter three hundred three of part A of subtitle vi of title forty-nine
14 of the United States code; or (c) unless necessary to comply with a
15 lawful court order, judicial warrant signed by a judge appointed pursu-
16 ant to article III of the United States constitution, or subpoena for
17 individual records properly issued pursuant to the criminal procedure
18 law or the civil practice law and rules; or (d) as required for the
19 commissioner to issue or renew a driver's license or learner's permit
20 that meets federal standards for identification.
21 10. The commissioner shall not disclose or otherwise make accessible
22 any portion of any record that identifies whether the type of driver's
23 license or learner's permit that a person holds either meets federal
24 standards for identification or does not meet federal standards for
25 identification except: (a) to the person who is the subject of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05648-11-9
S. 6584 2
1 record; or (b) where expressly required pursuant to chapter three
2 hundred three of part A of subtitle vi of title forty-nine of the United
3 States code; or (c) unless necessary to comply with a lawful court
4 order, judicial warrant signed by a judge appointed pursuant to article
5 III of the United States constitution, or subpoena for individual
6 records properly issued pursuant to the criminal procedure law or the
7 civil practice law and rules; or (d) as required for the commissioner to
8 issue or renew a driver's license or learner's permit that meets federal
9 standards for identification.
10 (a) Except as required for the commissioner to issue or renew a driv-
11 er's license or learner's permit that meets federal standards for iden-
12 tification, the commissioner, and any agent or employee of the commis-
13 sioner, shall not disclose or make accessible in any manner records or
14 information that he or she maintains, to any agency that primarily
15 enforces immigration law or to any employee or agent of such agency,
16 unless the commissioner is presented with a lawful court order or judi-
17 cial warrant signed by a judge appointed pursuant to article III of the
18 United States constitution. Upon receiving a request for such records
19 or information from an agency that primarily enforces immigration law,
20 the commissioner shall, no later than three days after such request,
21 notify the individual about whom such information was requested, inform-
22 ing such individual of the request and the identity of the agency that
23 made such request unless prohibited by a lawful court order or judicial
24 warrant signed by a judge appointed pursuant to article III of the
25 United States constitution.
26 § 2. Paragraph (c) of subdivision 8 of section 502 of the vehicle and
27 traffic law, as added by a chapter of the laws of 2019, amending the
28 vehicle and traffic law relating to the issuance of non-commercial driv-
29 ers' licenses and learners' permits; and to repeal certain provisions of
30 such law relating to driver's license applications, as proposed in
31 legislative bills numbers S. 1747-B and A. 3675-B is amended to read as
32 follows:
33 (c) Application forms for non-commercial drivers' licenses and lear-
34 ners' permits which do not meet federal standards for identification or
35 for renewal thereof shall not state (i) the documents an applicant used
36 to prove age or identity, or (ii) an applicant's ineligibility for a
37 social security number where applicable, or (iii) an applicant's citi-
38 zenship or immigration status except as required to comply with the
39 National Voter Registration Act of 1993 (Public Law 103-31), as amended.
40 § 3. This act shall take effect on the same date and in the same
41 manner as a chapter of the laws of 2019, amending the vehicle and traf-
42 fic law relating to the issuance of non-commercial drivers' licenses and
43 learners' permits; and to repeal certain provisions of such law relating
44 to driver's license applications, as proposed in legislative bills
45 numbers S. 1747-B and A. 3675-B, takes effect.