Bill Text: NY A09116 | 2019-2020 | General Assembly | Introduced
Bill Title: Allows the commissioner of motor vehicles to share immigration status information with agencies that enforce immigration law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in transportation [A09116 Detail]
Download: New_York-2019-A09116-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9116 IN ASSEMBLY January 21, 2020 ___________ Introduced by M. of A. LiPETRI -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to allowing the commissioner of motor vehicles to share immigration status information with agencies that enforce immigration law 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, as added by chapter 37 of the laws of 2019, are 3 amended to read as follows: 4 8. Any portion of any record retained by the commissioner in relation 5 to a non-commercial driver's license or learner's permit application or 6 renewal application that contains the photo image or identifies the 7 social security number, telephone number, place of birth, country of 8 origin, place of employment, school or educational institution attended, 9 source of income, status as a recipient of public benefits, the customer 10 identification number associated with a public utilities account, 11 medical information or disability information of the holder of, or 12 applicant for, such license or permit is not a public record and shall 13 not be disclosed in response to any request for records except: (a) to 14 the person who is the subject of such records; or (b) where expressly 15 required pursuant to chapter three hundred three of part A of subtitle 16 vi of title forty-nine of the United States code; or (c) where necessary 17 to comply with a lawful court order, judicial warrant signed by a judge 18 [appointed pursuant to article III of the United States constitution], 19 or subpoena for individual records issued pursuant to the criminal 20 procedure law or the civil practice law and rules. 21 9. The commissioner shall not disclose or otherwise make accessible 22 original documents or copies of documents collected from non-commercial 23 driver's license or learner's permit applicants or renewal applicants to 24 prove identity, age, or fitness except: (a) to the person who is the 25 subject of such documents; or (b) where expressly required pursuant to 26 chapter three hundred three of part A of subtitle vi of title forty-nine 27 of the United States code; or (c) unless necessary to comply with a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14694-03-0A. 9116 2 1 lawful court order, judicial warrant signed by a judge [appointed pursu-2ant to article III of the United States constitution], or subpoena for 3 individual records properly issued pursuant to the criminal procedure 4 law or the civil practice law and rules. 5 10. The commissioner shall not disclose or otherwise make accessible 6 any portion of any record that identifies whether the type of driver's 7 license or learner's permit that a person holds either meets federal 8 standards for identification or does not meet federal standards for 9 identification except: (a) to the person who is the subject of such 10 record; or (b) where expressly required pursuant to chapter three 11 hundred three of part A of subtitle vi of title forty-nine of the United 12 States code; or (c) unless necessary to comply with a lawful court 13 order, judicial warrant signed by a judge [appointed pursuant to article14III of the United States constitution], or subpoena for individual 15 records properly issued pursuant to the criminal procedure law or the 16 civil practice law and rules. 17 11. For the purposes of this section, whenever a lawful court order, 18 judicial warrant, or subpoena for individual records properly issued 19 pursuant to the criminal procedure law or the civil practice law and 20 rules is presented to the commissioner, only those records, documents, 21 or information specifically sought by such court order, warrant, or 22 subpoena may be disclosed. 23 [12. (a) Except as required for the commissioner to issue or renew a24driver's license or learner's permit that meets federal standards for25identification, the commissioner, and any agent or employee of the26commissioner, shall not disclose or make accessible in any manner27records or information that he or she maintains, to any agency that28primarily enforces immigration law or to any employee or agent of such29agency, unless the commissioner is presented with a lawful court order30or judicial warrant signed by a judge appointed pursuant to article III31of the United States constitution. Upon receiving a request for such32records or information from an agency that primarily enforces immi-33gration law, the commissioner shall, no later than three days after such34request, notify the individual about whom such information was35requested, informing such individual of the request and the identity of36the agency that made such request.37(b) The commissioner shall require any person or entity that receives38or has access to records or information from the department to certify39to the commissioner, before such receipt or access, that such person or40entity shall not (i) use such records or information for civil immi-41gration purposes or (ii) disclose such records or information to any42agency that primarily enforces immigration law or to any employee or43agent of any such agency unless such disclosure is pursuant to a cooper-44ative arrangement between city, state and federal agencies which45arrangement does not enforce immigration law and which disclosure is46limited to the specific records or information being sought pursuant to47such arrangement. In addition to any records required to be kept pursu-48ant to subdivision (c) of section 2721 of title 18 of the United States49code, any person or entity certifying pursuant to this paragraph shall50keep for a period of five years records of all uses and identifying each51person or entity that primarily enforces immigration law that received52department records or information from such certifying person or entity.53Such records shall be maintained in a manner and form prescribed by the54commissioner and shall be available for inspection by the commissioner55or his or her designee upon his or her request.A. 9116 3 1(c) For purposes of this subdivision, the term "agency that primarily2enforces immigration law" shall include, but not be limited to, United3States immigration and customs enforcement and United States customs and4border protection, and any successor agencies having similar duties.] 5 § 2. This act shall take effect immediately.