S T A T E O F N E W Y O R K
________________________________________________________________________
7396
2009-2010 Regular Sessions
I N A S S E M B L Y
April 2, 2009
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Introduced by M. of A. SCOZZAFAVA -- 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:
Section 1. Paragraph (c) of subdivision 3 of section 490 of the vehi-
cle and traffic law, as amended by chapter 600 of the laws of 1989, is
amended to read as follows:
(c) The identification card may also contain the [photograph] PHOTO
IMAGE of the holder. THE DEPARTMENT SHALL MAINTAIN A PHOTO IMAGE FILE
FOR NON-DRIVER IDENTIFICATION CARDS. PRINTS FROM THE FILE SHALL BE MADE
AND ISSUED ONLY FOR DEPARTMENTAL ADMINISTRATIVE PURPOSES, FOR THE ISSU-
ANCE OF DUPLICATE NON-DRIVER IDENTIFICATION, OR IN RESPONSE TO LAW
ENFORCEMENT AGENCY REQUESTS pursuant to regulations established by the
commissioner. Any [photograph] PHOTO IMAGE taken as part of the applica-
tion procedure for an identification card shall not be a public record.
S 2. Subdivision 3 of section 504 of the vehicle and traffic law, as
amended by chapter 173 of the laws of 1990, is amended to read as
follows:
3. THE DEPARTMENT SHALL MAINTAIN A PHOTO IMAGE FILE. PRINTS FROM THE
FILE SHALL BE MADE AND ISSUED ONLY FOR DEPARTMENTAL ADMINISTRATIVE
PURPOSES, FOR THE ISSUANCE OF DUPLICATE LICENSES, OR IN RESPONSE TO LAW
ENFORCEMENT AGENCY REQUESTS PURSUANT TO REGULATIONS ESTABLISHED BY THE
COMMISSIONER. Notwithstanding any other provision of law, any photo
image taken as part of the application procedure for a learner's permit
or an original, duplicate, renewal or amended driver's license shall not
be a public record.
S 3. This act shall take effect on the first of January next succeed-
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.
LBD08523-01-9