S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6180
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2011
                                      ___________
       Introduced by M. of A. BLANKENBUSH, CROUCH, FINCH, McKEVITT, SALADINO --
         Multi-Sponsored  by  --  M. of A. CALHOUN, CASTELLI, CERETTO, GOODELL,
         HAWLEY, MOLINARO, OAKS, PALMESANO -- read once  and  referred  to  the
         Committee on Transportation
       AN  ACT  to  amend  the vehicle and traffic law, in relation to allowing
         police agencies access to photo image files maintained by the  depart-
         ment of motor vehicles
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (c) of subdivision 3 of section 490 of the  vehi-
    2  cle  and  traffic law, as amended by chapter 600 of the laws of 1989, is
    3  amended to read as follows:
    4    (c) The identification card may also contain  the  [photograph]  PHOTO
    5  IMAGE  of  the holder.  THE DEPARTMENT SHALL MAINTAIN A PHOTO IMAGE FILE
    6  FOR NON-DRIVER IDENTIFICATION CARDS. PRINTS FROM THE FILE SHALL BE  MADE
    7  AND  ISSUED ONLY FOR DEPARTMENTAL ADMINISTRATIVE PURPOSES, FOR THE ISSU-
    8  ANCE OF DUPLICATE NON-DRIVER  IDENTIFICATION,  OR  IN  RESPONSE  TO  LAW
    9  ENFORCEMENT  AGENCY  REQUESTS pursuant to regulations established by the
   10  commissioner. Any [photograph] PHOTO IMAGE taken as part of the applica-
   11  tion procedure for an identification card shall not be a public record.
   12    S 2. Subdivision 3 of section 504 of the vehicle and traffic  law,  as
   13  amended  by  chapter  173  of  the  laws  of 1990, is amended to read as
   14  follows:
   15    3. THE DEPARTMENT SHALL MAINTAIN A PHOTO IMAGE FILE. PRINTS  FROM  THE
   16  FILE  SHALL  BE  MADE  AND  ISSUED  ONLY FOR DEPARTMENTAL ADMINISTRATIVE
   17  PURPOSES, FOR THE ISSUANCE OF DUPLICATE LICENSES, OR IN RESPONSE TO  LAW
   18  ENFORCEMENT  AGENCY  REQUESTS PURSUANT TO REGULATIONS ESTABLISHED BY THE
   19  COMMISSIONER. Notwithstanding any other  provision  of  law,  any  photo
   20  image  taken as part of the application procedure for a learner's permit
   21  or an original, duplicate, renewal or amended driver's license shall not
   22  be a public record.
   23    S 3. This act shall take effect on the first of January next  succeed-
   24  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09382-01-1