Bill Text: NY S06584 | 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 1-0)

Status: (Introduced) 2019-06-20 - RECOMMITTED TO RULES [S06584 Detail]

Download: New_York-2019-S06584-Introduced.html



                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.
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