Bill Text: NY A03675 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 62-0)

Status: (Introduced) 2019-01-30 - referred to transportation [A03675 Detail]

Download: New_York-2019-A03675-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3675
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2019
                                       ___________
        Introduced  by  M.  of  A. CRESPO, NOLAN, GLICK, DINOWITZ, L. ROSENTHAL,
          ABINANTI, SIMOTAS, QUART, SEAWRIGHT, SIMON, GOTTFRIED, PEOPLES-STOKES,
          WEPRIN, MOSLEY, DE LA ROSA, HYNDMAN,  PERRY,  JAFFEE,  DILAN,  WALKER,
          DICKENS,  ORTIZ  -- Multi-Sponsored by -- M. of A. LENTOL -- read once
          and referred to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          the  department of motor vehicles to issue standard drivers' licenses;
          and to repeal subdivisions 1 and 7 of section 502 of the  vehicle  and
          traffic law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as  the  "driver's
     2  license access and privacy act".
     3    §  2.  Section 201 of the vehicle and traffic law, as added by chapter
     4  380 of the laws of 1980, paragraph (b) of subdivision 1 and  subdivision
     5  2 as amended by chapter 568 of the laws of 1994, paragraph (f) of subdi-
     6  vision 1 as amended by chapter 550 of the laws of 1992, paragraph (i) of
     7  subdivision  1  as  amended  by section 2 of part E of chapter 60 of the
     8  laws of 2005, item 1 of clause (A) of subparagraph (ii) of paragraph (i)
     9  of subdivision 1 as amended by section 1 of part I of chapter 58 of  the
    10  laws of 2015, item 2 of clause (A) of subparagraph (ii) of paragraph (i)
    11  of  subdivision 1 as amended by section 1 of part K of chapter 59 of the
    12  laws of 2009, paragraph (j) of subdivision 1 as added by chapter 448  of
    13  the  laws  of 1995, paragraph (k) of subdivision 1 as amended by chapter
    14  391 of the laws of 1998, subdivision 5 as amended by chapter 196 of  the
    15  laws  of  1996,  subdivision  6 as amended by chapter 432 of the laws of
    16  1997, and subdivision 7 as added by chapter 978 of the laws of 1984,  is
    17  amended to read as follows:
    18    § 201. Custody of records. 1. Documents. The commissioner may destroy:
    19    (a)  any application, including supporting documents, for registration
    20  and/or title of a motor vehicle or trailer, other  than  an  application
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05648-01-9

        A. 3675                             2
     1  for  renewal of registration, or any notice of a lien on a motor vehicle
     2  or trailer, after such application shall have been on file for a  period
     3  of five years;
     4    (b) any application for renewal of a registration which results in the
     5  issuance of a registration renewal of any motor vehicle or trailer, upon
     6  entry of an electronic record of renewal on the files;
     7    (c)  any application for a federal-purpose driver's license, including
     8  any document required to be filed with any such application, after  such
     9  application shall have been on file for a period of five years;
    10    (d)  any  application  for  a standard driver's license, including any
    11  document required to be filed with such application, after the  applica-
    12  tion  has  been  reviewed,  provided that such application and documents
    13  shall be destroyed after having been on file for a period of six months;
    14    (e) any application, including supporting documents, for the registra-
    15  tion, other than a renewal of a registration, of a snowmobile after such
    16  application shall have been on file for a period of two years;
    17    [(e)] (f) any application for renewal of a registration which  results
    18  in  the  issuance of a registration renewal for any snowmobile, upon the
    19  expiration of the registration renewal issued;
    20    [(f)] (g) any application, including supporting documents, for  regis-
    21  tration  and/or  title  of  a  motorboat,  other than an application for
    22  renewal of registration, or any notice of a lien on  a  motorboat  after
    23  such application shall have been on file for a period of four years;
    24    [(g)]  (h) any application for renewal of a registration which results
    25  in the issuance of a registration renewal for any  motorboat,  upon  the
    26  expiration of the registration renewal issued;
    27    [(h)]  (i) any application, including supporting documents relating to
    28  ownership, for any other registration,  license  or  certificate  issued
    29  under  this  chapter and not specifically otherwise provided for in this
    30  subdivision, after such application shall have been on file for a period
    31  of five years;
    32    [(i)] (j) (i)  any  accident  reports  filed  with  the  commissioner,
    33  conviction  certificates, police reports, complaints, satisfied judgment
    34  records, closed suspension and revocation orders, hearing records, other
    35  than audio  tape  recordings  of  hearings,  significant  correspondence
    36  relating  to any of the same, and any other record on file after remain-
    37  ing on file for  four  years  except  that  if  the  commissioner  shall
    38  receive,  during  the  last  year  of such period of four years, written
    39  notice to retain one or more of such papers or documents, the same shall
    40  be retained for another four years in addition to said  period  of  four
    41  years.  The provisions of this paragraph shall not apply to certificates
    42  of conviction filed with respect to convictions which affect  sentencing
    43  or  administrative  action required by law beyond such four year period.
    44  Such certificates may be destroyed after they have no  legal  effect  on
    45  sentencing or administrative action;
    46    (ii)(A)  Notwithstanding  the  provisions  of subparagraph (i) of this
    47  paragraph, the commissioner may destroy any conviction certificates  and
    48  closed suspension and revocation orders after remaining on file for:
    49    (1) fifty-five years where the conviction and suspension or revocation
    50  order relates to a conviction, suspension or revocation by the holder of
    51  any  driver's  license  when  operating  a  commercial motor vehicle, as
    52  defined in subdivision four of section five hundred one-a of this  chap-
    53  ter,  or  by  the  holder of a commercial driver's license or commercial
    54  learner's permit when operating any motor vehicle, who: has  refused  to
    55  submit to a chemical test pursuant to section eleven hundred ninety-four
    56  of  this chapter or has been convicted of any of the following offenses:

        A. 3675                             3
     1  any violation of subdivision  two,  two-a,  three,  four  or  four-a  of
     2  section  eleven  hundred  ninety-two  of  this chapter, any violation of
     3  subdivision one or two of section six hundred of this chapter, any felo-
     4  ny  involving  the use of a motor vehicle, other than the use of a motor
     5  vehicle in the commission of a felony involving manufacturing,  distrib-
     6  uting,  dispensing a controlled substance; or the conviction, suspension
     7  or revocation involves any of the following offenses while  operating  a
     8  commercial  motor  vehicle:  any violation of subdivision five or six of
     9  section eleven hundred ninety-two of this chapter, driving a  commercial
    10  motor vehicle when as a result of prior violations committed while oper-
    11  ating  a  commercial  motor  vehicle,  the  driver's commercial driver's
    12  license or commercial learner's permit is suspended or revoked,  or  has
    13  been  convicted of causing a fatality through the negligent operation of
    14  a commercial motor vehicle, including but not limited to the  crimes  of
    15  vehicular manslaughter and criminally negligent homicide as set forth in
    16  article one hundred twenty-five of the penal law;
    17    (2)  fifteen  years  for violating an out of service order as provided
    18  for in the rules and regulations of  the  department  of  transportation
    19  while operating a commercial motor vehicle.
    20    (B)  Any  conviction  arising out of the use of a motor vehicle in the
    21  commission  of  a  felony  involving  manufacturing,  distributing,   or
    22  dispensing a controlled substance shall never be destroyed.
    23    (C)  The  provisions  of this subparagraph shall only apply to records
    24  requested by a state, the United States secretary of transportation, the
    25  person who is the subject of the record, or a motor carrier who  employs
    26  or  who  prospectively  may  employ the person who is the subject of the
    27  record.
    28    [(j) audio tape recordings of hearings, two years after such  hearing;
    29  provided,  however, that audio tape recordings of hearings held pursuant
    30  to section two hundred twenty-seven of this  chapter  may  be  destroyed
    31  ninety  days  after  a determination has been made as prescribed in such
    32  section.]
    33    (k) any records, including any reproductions or electronically created
    34  images of such records and including any records received by the commis-
    35  sioner from a court pursuant to paragraph  (c)  of  subdivision  ten  of
    36  section   eleven   hundred   ninety-two   of  this  chapter  or  section
    37  forty-nine-b of the navigation law, relating to a finding of a violation
    38  of section eleven hundred ninety-two-a of this chapter or  a  waiver  of
    39  the  right  to  a  hearing under section eleven hundred ninety-four-a of
    40  this chapter or a finding of a refusal  following  a  hearing  conducted
    41  pursuant to subdivision three of section eleven hundred ninety-four-a of
    42  this  chapter or a finding of a violation of section forty-nine-b of the
    43  navigation law or a waiver of the right to a hearing  or  a  finding  of
    44  refusal  following  a  hearing conducted pursuant to such section, after
    45  remaining on file for three years after such finding or  entry  of  such
    46  waiver  or  refusal  or  until the person that is found to have violated
    47  such section reaches the age of twenty-one,  whichever  is  the  greater
    48  period  of  time.  Upon  the expiration of the period for destruction of
    49  records pursuant to this paragraph,  the  entirety  of  the  proceedings
    50  concerning  the  violation  or  alleged violation of such section eleven
    51  hundred ninety-two-a of this chapter or such section forty-nine-b of the
    52  navigation law, from the initial stop and detention of the  operator  to
    53  the  entering  of  a finding and imposition of sanctions pursuant to any
    54  subdivision of section eleven hundred ninety-four-a of this  chapter  or
    55  of section forty-nine-b of the navigation law shall be deemed a nullity,

        A. 3675                             4
     1  and  the  operator  shall  be  restored, in contemplation of law, to the
     2  status he occupied before the initial stop and prosecution[.]; and
     3    (l)  audio  tape recordings of hearings, two years after such hearing;
     4  provided, however, that audio tape recordings of hearings held  pursuant
     5  to section two hundred twenty-seven of this title may be destroyed nine-
     6  ty  days  after  a  determination  has  been  made as prescribed in such
     7  section.
     8    2. Reproduction of documents by commissioner. The provisions of subdi-
     9  vision one of this section  shall  not  prevent  the  commissioner  from
    10  reproducing a copy of any document specified in that subdivision or from
    11  electronically creating and storing an image of any documents maintained
    12  by  the  department. Such image or reproduction may be designated as the
    13  official departmental record. The original  document  may  be  destroyed
    14  after  such  reproduction  or  image  has  been  made  and filed and the
    15  destruction of the reproduction  or  image  shall  be  governed  by  the
    16  provisions of subdivision one of this section.
    17    3.  Electronically  or mechanically stored records. Any electronically
    18  or mechanically stored record relating to:
    19    (a) certificates of title shall be retained  for  a  period  of  seven
    20  years  from  the  date  of  the issuance of the title plus an additional
    21  three consecutive years of inactivity regarding the titled vehicle;
    22    (b) liens and satisfaction of liens shall be  retained  for  one  year
    23  from the date of satisfaction;
    24    (c)  renewal of the registration of any motor vehicle or trailer shall
    25  be retained for a period of one year from the date of expiration of  the
    26  registration issued;
    27    (d)  federal-purpose  driver's licenses shall be retained for a period
    28  of two years from the date of expiration of the  last  driver's  license
    29  issued;
    30    (e) standard driver's license may be retained only for a period of two
    31  years from the date of expiration of the last driver's license issued;
    32    (f)  registrations,  licenses,  or certificates not otherwise provided
    33  for in this subdivision shall be retained for a period of one year  from
    34  the date of expiration of the last registration, license or certificate;
    35    [(f)]  (g)  documents  specified in paragraph [(i)] (j) of subdivision
    36  one of this section shall be retained until the document itself  may  be
    37  destroyed.
    38    4.  Whenever  any  document  referred  to  in  subdivision one of this
    39  section shall have been destroyed, a document produced from the  surviv-
    40  ing  electronically  or mechanically stored data record shall be consid-
    41  ered the original record of such document.
    42    5. Whenever any document  referred  to  in  subdivision  one  of  this
    43  section  or any record retained in subdivision three of this section has
    44  been retained beyond the required retention period of such  document  or
    45  record, the document or record shall not be a public record; and, to the
    46  extent that any document referred to in paragraph (k) of subdivision one
    47  of  this  section  has  not  been  destroyed  at  the  expiration of the
    48  retention period set  forth  therein,  such  document  shall  be  deemed
    49  destroyed as a matter of law for all purposes upon the expiration of the
    50  retention period.
    51    6.  Whenever  any  document  referred  to  in  subdivision one of this
    52  section is filed with this department when it  is  not  required  to  be
    53  filed  and  is used by this department for no other purposes, other than
    54  for statistics or research, the document shall not be a  public  record.
    55  Provided,  however,  that  an accident report filed with this department
    56  when it is not required to be filed shall not be a public record  except

        A. 3675                             5
     1  as  follows:   for use by the state or any political subdivision thereof
     2  for no other purposes other than for statistics or research relating  to
     3  highway  safety;  for any lawful purpose by a person to whom such report
     4  pertains  or  named  in  such report, or his or her authorized represen-
     5  tative; and, for use by any other  person,  or  his  or  her  authorized
     6  representative,  who has demonstrated to the satisfaction of the commis-
     7  sioner that such person is or may be a party to a civil  action  arising
     8  out of the conduct described in such accident report.
     9    7. Where a judge or magistrate reports a license suspension or revoca-
    10  tion  to  the commissioner, following a youthful offender determination,
    11  as is required by section five hundred thirteen  of  this  chapter,  the
    12  commissioner shall not make available the finding of the court of youth-
    13  ful offender status to any person, or public or private agency.
    14    8. Any portion of any record retained by the commissioner that identi-
    15  fies a person's social security number, address, place of birth, country
    16  of  origin,  place  of  employment,  school  or  educational institution
    17  attended, source of income, status as a recipient of public benefits, or
    18  the customer identification number associated with  a  public  utilities
    19  account is not a public record and shall not be disclosed in response to
    20  any  request  for  records  except  where  expressly  authorized by this
    21  section.
    22    9.  The  commissioner  shall  not  disclose  records  or   information
    23  collected  from driver's license or learner's permit applicants or hold-
    24  ers to any law enforcement agency absent a judicial subpoena or judicial
    25  warrant that names  the  individual  whose  information  is  sought.  If
    26  presented  with  a  judicial  subpoena  or  judicial warrant, only those
    27  records or  information  specifically  identified  in  the  subpoena  or
    28  warrant may be disclosed.
    29    10.  The  commissioner shall not permit any third party, including any
    30  law enforcement agency, to have direct physical or electronic access  to
    31  any databases or indexes maintained by the department.
    32    11.  The  commissioner  shall  provide notice to each individual whose
    33  information is requested by any third party, including law  enforcement.
    34  Such notice shall include the identity of the person or agency that made
    35  the request.
    36    12.  Any  databases or indexes maintained by the commissioner of driv-
    37  er's license applicants or holders shall  not  include  an  individual's
    38  social  security  number  or  whether the applicant or holder provided a
    39  social security number, and shall not  identify  whether  an  individual
    40  holds a standard or federal-purpose driver's license.
    41    §  3.  Subparagraphs  (iv), (vi), (vii) and (viii) of paragraph (a) of
    42  subdivision 2 and paragraph (a) of subdivision 5 of section 501  of  the
    43  vehicle  and  traffic law, subparagraphs (vi), (vii) and (viii) of para-
    44  graph (a) of subdivision 2 as added by chapter 173 of the laws of  1990,
    45  subparagraph  (iv) of paragraph (a) of subdivision 2 as amended by chap-
    46  ter 339 of the laws of 2005, paragraph (a) of subdivision 5  as  amended
    47  by  chapter  692 of the laws of 1985, and subparagraph (ii) of paragraph
    48  (a) of subdivision 5 as amended by chapter 644 of the laws of 2002,  are
    49  amended to read as follows:
    50    (iv)  Class D. Such license shall be valid to operate any passenger or
    51  limited use automobile or any truck with a GVWR of not more  than  twen-
    52  ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
    53  of not more than ten thousand pounds, or any such vehicle towing another
    54  vehicle with a GVWR of more  than  ten  thousand  pounds  provided  such
    55  combination  of vehicles has a GCWR of not more than twenty-six thousand
    56  pounds, or any personal use vehicle with a GVWR of not more  than  twen-

        A. 3675                             6
     1  ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
     2  of not more than ten thousand pounds, except it shall not  be  valid  to
     3  operate  a  tractor,  a motorcycle other than a class B or C limited use
     4  motorcycle, a vehicle used to transport passengers for hire or for which
     5  a hazardous materials endorsement is required, or a vehicle defined as a
     6  bus  in  subdivision  one  of section five hundred nine-a of this title.
     7  Such licenses may be issued either as a standard driver's license  or  a
     8  federal-purpose driver's license.
     9    (vi)  Class  DJ.  Such license shall be valid to operate only vehicles
    10  which may be operated with a class D license by a person under  eighteen
    11  years  of  age,  except it shall not be valid to operate a motor vehicle
    12  with an unladen weight or a GVWR of more than ten thousand pounds or any
    13  motor vehicle towing another vehicle with an unladen weight or  GVWR  of
    14  more than three thousand pounds. Such license shall automatically become
    15  a  class  D license when the holder becomes eighteen years of age.  Such
    16  licenses may be issued either as a standard driver's license or a feder-
    17  al-purpose driver's license.
    18    (vii) Class M. Such license shall be valid to operate any  motorcycle,
    19  or  any motorcycle, other than a limited use motorcycle, towing a trail-
    20  er.  Such licenses may be issued either as a standard  driver's  license
    21  or a federal-purpose driver's license.
    22    (viii) Class MJ. Such license shall be valid to operate any motorcycle
    23  or  limited use motorcycle by a person under eighteen years of age. Such
    24  license shall automatically become a class M  license  when  the  holder
    25  becomes  eighteen years of age.  Such licenses may be issued either as a
    26  standard driver's license or a federal-purpose driver's license.
    27    (a) The commissioner shall issue learner's permits as provided in this
    28  article.  Such permits may be issued  either  as  a  standard  learner's
    29  permit  or  a  federal-purpose  learner's  permit. Such permits shall be
    30  valid only:
    31    (i) for the operation of a motor vehicle of  a  type  which  could  be
    32  operated  by the holder of the class of license for which application is
    33  being made;
    34    (ii) when the holder is under the immediate supervision and control of
    35  a person at least twenty-one years of age who holds a license  valid  in
    36  this state for the operation of the type of vehicle being operated; and
    37    (iii) in accordance with any additional restrictions prescribed by the
    38  commissioner and noted on such permit.
    39    § 4. Section 501-a of the vehicle and traffic law is amended by adding
    40  three new subdivisions 9, 10 and 11 to read as follows:
    41    9.  Standard driver's license or learner's permit. A license or permit
    42  card that authorizes a person to operate a motor vehicle  as  determined
    43  by the class of license.
    44    10. Federal-purpose driver's license or learner's permit. A license or
    45  permit  card  that  authorizes  a  person  to operate a motor vehicle as
    46  determined by the class of license, and which is intended to meet feder-
    47  al standards for identification accepted by the federal government.
    48    11. Judicial warrant. A warrant based on probable cause and issued  by
    49  a judge appointed pursuant to article III of the United States constitu-
    50  tion  or  a  federal  magistrate judge appointed pursuant to 28 USC 631,
    51  that authorizes federal immigration authorities to take into custody the
    52  person who is the subject of such warrant.
    53    § 5. Subdivisions 1 and 7 of section 502 of the  vehicle  and  traffic
    54  law are REPEALED and a new subdivision 1 is added to read as follows:
    55    1. Application for license. Application for a federal-purpose driver's
    56  license  shall be made to the commissioner pursuant to this section. The

        A. 3675                             7
     1  fee prescribed by law may be submitted with such application. The appli-
     2  cant shall furnish such proof of identity, age, and fitness  as  may  be
     3  required  by  the commissioner. Applicants who cannot present sufficient
     4  proof  to  obtain  a  federal-purpose driver's license shall be notified
     5  that they may be eligible for a standard driver's license under  section
     6  five  hundred  two-b of this article.  The commissioner may also provide
     7  that the application procedure shall include the taking of a photo image
     8  or images of the applicant in  accordance  with  rules  and  regulations
     9  prescribed by the commissioner. In addition, the commissioner also shall
    10  require that the applicant provide his or her social security number and
    11  shall  provide space on the application so that the applicant may regis-
    12  ter in the New York state organ and tissue donor registry under  section
    13  forty-three  hundred  ten  of  the  public health law with the following
    14  stated on the application in clear and conspicuous type:
    15    "You must fill out the following section: Would you like to  be  added
    16  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    17  tion'."
    18    The commissioner of health shall not maintain records  of  any  person
    19  who checks "skip this question". Except where the application is made in
    20  person  or  electronically,  failure to check a box shall not impair the
    21  validity of an application, and failure to check "yes" or checking "skip
    22  this question" shall not be construed to imply a wish not to donate.  In
    23  the case of an applicant under eighteen years  of  age,  checking  "yes"
    24  shall  not constitute consent to make an anatomical gift or registration
    25  in the donate life registry, except as otherwise  provided  pursuant  to
    26  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    27  three hundred one of the public  health  law.  Where  an  applicant  has
    28  previously  consented  to  make  an anatomical gift or registered in the
    29  donate life registry, checking "skip this question" or failing to  check
    30  a  box  shall  not  impair that consent or registration. In addition, an
    31  applicant for a commercial driver's license who will operate  a  commer-
    32  cial motor vehicle in interstate commerce shall certify that such appli-
    33  cant  meets  the  requirements to operate a commercial motor vehicle, as
    34  set forth in public law 99-570, title XII, and title 49 of the  code  of
    35  federal  regulations,  and  all  regulations  promulgated  by the United
    36  States secretary of transportation under the hazardous materials  trans-
    37  portation  act.  In  addition,  an  applicant  for a commercial driver's
    38  license shall submit a medical certificate at such intervals as required
    39  by the federal motor carrier safety improvement act  of  1999  and  Part
    40  383.71(h)  of  title  49  of the code of federal regulations relating to
    41  medical certification and in a manner prescribed  by  the  commissioner.
    42  For  purposes  of  this  section  and  sections five hundred three, five
    43  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    44  certificate" and "medical certification" shall mean a form substantially
    45  in compliance with the form set forth in Part 391.43(h) of title  49  of
    46  the code of federal regulations. Upon a determination that the holder of
    47  a commercial driver's license has made any false statement, with respect
    48  to  the application for such license, the commissioner shall revoke such
    49  license.
    50    § 6. Subdivision 3, paragraph (a) of subdivision 5 and  paragraph  (a)
    51  of subdivision 6 of section 502 of the vehicle and traffic law, subdivi-
    52  sion  3  as  amended by chapter 97 of the laws of 2016, paragraph (a) of
    53  subdivision 5 as amended by chapter 138 of the laws of 1981,  and  para-
    54  graph  (a) of subdivision 6 as amended by section 3 of part K of chapter
    55  59 of the laws of 2009, are amended to read as follows:

        A. 3675                             8
     1    3. Application for learner's permit. An application  for  a  learner's
     2  permit  shall  be included in the application for a standard or federal-
     3  purpose driver's license. A learner's permit shall  be  issued  in  such
     4  form  as the commissioner shall determine but shall not be issued unless
     5  the  applicant  has successfully passed the vision test required by this
     6  section and the test set forth in paragraph (a) of subdivision  four  of
     7  this  section  with  respect  to laws relating to traffic and ability to
     8  read and comprehend traffic signs and  symbols  and  has  satisfactorily
     9  completed  any  course required pursuant to paragraph (a) of subdivision
    10  four of this section. Upon acceptance of an application for a  learner's
    11  permit  the  commissioner  shall  provide  the applicant with a driver's
    12  manual which includes but is not limited to the laws relating  to  traf-
    13  fic,  the  laws  relating  to and physiological effects of driving while
    14  ability impaired and driving while intoxicated, the law  for  exercising
    15  due  care  to avoid colliding with a parked, stopped or standing vehicle
    16  pursuant to section eleven hundred forty-four-a of this chapter,  expla-
    17  nations  of  traffic  signs  and  symbols  and such other matters as the
    18  commissioner may prescribe.
    19    (a) Upon successful completion of the requirements set forth in subdi-
    20  vision four of this section, and upon payment of the fee  prescribed  by
    21  law,  the  commissioner shall issue an appropriate federal-purpose driv-
    22  er's license to the applicant, except that the commissioner  may  refuse
    23  to issue such license:
    24    (i)  if  the applicant is the holder of a currently valid or renewable
    25  license to drive issued by another state [or foreign country] unless the
    26  applicant surrenders such license, or
    27    (ii) if such issuance would be inconsistent  with  the  provisions  of
    28  section five hundred sixteen of this [chapter] title.
    29    (a)  A  license  issued  pursuant  to subdivision five of this section
    30  shall be valid until the expiration date contained thereon, unless  such
    31  license  is suspended, revoked or cancelled. Such license may be renewed
    32  by submission of an application for renewal, the fee prescribed by  law,
    33  proofs  of  prior licensing, fitness and acceptable vision prescribed by
    34  the  commissioner,  the  applicant's  social  security  number,  and  if
    35  required  by  the  commissioner  a  photo image of the applicant in such
    36  numbers and form as the commissioner shall prescribe.   In addition,  an
    37  applicant  for  renewal  of  a  license  containing a hazardous material
    38  endorsement shall pass an examination to retain  such  endorsement.  The
    39  commissioner shall, with respect to the renewal of a hazardous materials
    40  endorsement,  comply  with  the  requirements  imposed  upon  states  by
    41  sections 383.141 and 1572.13 of title 49 of the code  of  federal  regu-
    42  lations.  A  renewal of such license shall be issued by the commissioner
    43  upon approval of such application, except that no such license shall  be
    44  issued  if  its  issuance  would  be inconsistent with the provisions of
    45  section five hundred sixteen of this title, and except that the  commis-
    46  sioner  may  refuse to renew such license if the applicant is the holder
    47  of a currently valid or renewable license to  drive  issued  by  another
    48  state [or foreign country] unless the applicant surrenders such license.
    49    §  7.  The  vehicle and traffic law is amended by adding a new section
    50  502-b to read as follows:
    51    § 502-b. Standard driver's licenses. 1. Issuance of standard  driver's
    52  licenses  and learner's permits. (a) The commissioner shall issue stand-
    53  ard driver's licenses and learner's  permits  in  accordance  with  this
    54  section to any eligible applicant who seeks one.
    55    (b) Such licenses and permits shall be made available with the classi-
    56  fications  of  D, DJ, M, and MJ as defined by subdivision two of section

        A. 3675                             9
     1  five hundred one of this article, and shall be valid for the same  peri-
     2  ods as the equivalent class of federal-purpose license.
     3    (c) Such licenses shall be visually identical to federal-purpose driv-
     4  er's  licenses issued pursuant to section five hundred two of this arti-
     5  cle except that such licenses may state "Not for Federal Purposes" in  a
     6  font no larger than the smallest font otherwise appearing on the face of
     7  the  card.  The commissioner may promulgate regulations to approve addi-
     8  tional design  or  color  indicators  for  standard  or  federal-purpose
     9  licenses if required to comply with federal law.
    10    2. Eligibility for standard driver's licenses. (a) Notwithstanding any
    11  other  provision  of  this article, a standard driver's license shall be
    12  issued to any applicant  who  furnishes  proof  of  identity,  age,  and
    13  fitness as required by this section.
    14    (b) Proof of identity and age. The commissioner shall promulgate regu-
    15  lations  to  establish acceptable proof of age and identity for standard
    16  driver's license and learner's permit applicants, provided that:
    17    (i) the commissioner shall accept a passport or government identifica-
    18  tion document issued in a foreign country as at least one form of proof;
    19  and
    20    (ii) if any applicant is required to furnish a social security number,
    21  applicants may have the option of signing an affidavit stating that  the
    22  applicant has not been issued a social security number.
    23    (c)  Proof  of  fitness. Applicants for standard driver's licenses and
    24  learner's permits shall be subject to the same minimum age  requirements
    25  as  provided  for in subdivision two of section five hundred two of this
    26  article, and shall be subject to the same  examination  requirements  as
    27  provided  for  in  subdivision  four of section five hundred two of this
    28  article.
    29    (d) Notwithstanding any other provision  of  this  article  or  title,
    30  applicants  for  standard  driver's licenses and learner's permits shall
    31  not be required to prove that they are lawfully present  in  the  United
    32  States.
    33    3. Application form. (a) The commissioner shall provide an application
    34  form for standard driver's licenses in accordance with this section.
    35    (b)  The  application form may include fields for an applicant's name,
    36  date of birth, residential and mailing address, sex, height, eye  color,
    37  veteran  status, whether the applicant chooses to be an organ donor, and
    38  consent of the applicant's parent or guardian, when applicable.
    39    (c) The applications form shall include a  single  field  to  indicate
    40  whether an applicant has furnished proof of identity as required by this
    41  section, and shall not state the documents used to prove identity.
    42    (d) The applications form shall not state an applicant's ineligibility
    43  for  a  social  security  number where applicable, and shall not state a
    44  person's citizenship or immigration status.
    45    4. Renewals. A standard driver's license or learner's  permit  may  be
    46  renewed  according  to  the  procedures  provided  in subdivision six of
    47  section five hundred two of this  article,  except  that  the  applicant
    48  shall not be required to provide a social security number.
    49    5. Custody of records. (a) Notwithstanding any other provision of this
    50  article,  the  commissioner shall collect, store, and maintain documents
    51  and information furnished by applicants for standard  driver's  licenses
    52  in accordance with this subdivision.
    53    (b)  The  commissioner  shall  not  collect or retain the documents or
    54  copies of the documents furnished by an applicant for a  standard  driv-
    55  er's  license,  including those documents furnished as proof of identity
    56  and age.

        A. 3675                            10
     1    (c) The commissioner may collect the application form completed by  an
     2  applicant  for  a  standard driver's license for the period necessary to
     3  review the application, provided that such application and any copies of
     4  such application shall be destroyed after a period of no more  than  six
     5  months.  Application  forms shall not be public records and shall not be
     6  disclosed in response to any public records request.
     7    (d) The commissioner shall  not  disclose  any  information  collected
     8  pursuant to this section to any law enforcement agency absent a judicial
     9  subpoena or judicial warrant that names the individual whose information
    10  is  sought.  If  presented with a judicial subpoena or judicial warrant,
    11  only those records specifically identified in the  subpoena  or  warrant
    12  may be disclosed.
    13    6.  Prohibition on discrimination. (a) It shall be a violation of law,
    14  including but not limited to article fifteen of the  executive  law,  to
    15  discriminate against an individual because he or she applies for, holds,
    16  or presents a standard driver's license or learner's permit.
    17    (b)  A standard driver's license or learner's permit shall not be used
    18  as evidence of a person's citizenship or immigration status,  and  shall
    19  not be the basis for investigating, arresting, or detaining a person.
    20    (c)  Employees  of  the  department shall not inquire about a standard
    21  driver's license or learner's permit applicant's  citizenship  or  immi-
    22  gration status.
    23    §  8.  Subdivisions  2 and 3 of section 508 of the vehicle and traffic
    24  law, as added by chapter 780 of the laws of 1972, are amended to read as
    25  follows:
    26    2. Any application required to be filed under this article shall be in
    27  a manner and on a form or forms  prescribed  by  the  commissioner.  The
    28  applicant  shall furnish all information required by statute and, except
    29  where otherwise provided in this title, such other  information  as  the
    30  commissioner shall deem appropriate.
    31    3.  License  record.  The  commissioner  shall  keep a record of every
    32  license issued which record shall be open to  public  inspection  during
    33  reasonable  business  hours.    Such record shall not include the social
    34  security number, address, place of birth, country of  origin,  place  of
    35  employment,  school  or  educational  institution  attended,  source  of
    36  income, status as a recipient of public benefits, or the customer  iden-
    37  tification  number  associated  with  a  public utilities account of any
    38  license holders or applicants. Neither the commissioner  nor  his  agent
    39  shall  be  required  to  allow  the  inspection of an application, or to
    40  furnish a copy thereof, or information therefrom, until  a  license  has
    41  been issued thereon.
    42    § 9. This act shall take effect immediately.
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