S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10110
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 Introduced  by  M. of A. WALLACE, JONES -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to allowing for
   the disclosure of certain information  to  federal  agencies  for  the
   trusted traveler program and official duties at ports of entry
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 of section 201 of the  vehicle  and  traffic
 law,  as  added by chapter 37 of the laws of 2019, is amended to read as
 follows:
   12. (a) Except as required for the commissioner to issue  or  renew  a
 driver's  license  or  learner's permit that meets federal standards for
 identification, the commissioner, and  any  agent  or  employee  of  the
 commissioner,  shall  not  disclose  or  make  accessible  in any manner
 records or information that he or she  maintains,  to  any  agency  that
 primarily  enforces  immigration law or to any employee or agent of such
 agency[, unless the commissioner is presented with] EXCEPT:  (I)  TO  AN
 EMPLOYEE  OF LAW ENFORCEMENT ACTING WITHIN THE SCOPE OF HIS OR HER OFFI-
 CIAL DUTIES RELATING TO ANY TRUSTED TRAVELER PROGRAM; (II) TO AN EMPLOY-
 EE OF LAW ENFORCEMENT ACTING WITHIN THE SCOPE OF  HIS  OR  HER  OFFICIAL
 DUTIES  AT  ANY PORT OF ENTRY; OR (III) PURSUANT TO a lawful court order
 or judicial warrant signed by a FEDERAL  judge  [appointed  pursuant  to
 article  III of the United States constitution. Upon receiving a request
 for such records or information from an agency that  primarily  enforces
 immigration  law, the commissioner shall, no later than three days after
 such request, notify the individual  about  whom  such  information  was
 requested,  informing such individual of the request and the identity of
 the agency that made such request].
   (b) The commissioner shall require any person or entity that  receives
 or  has  access to records or information from the department to certify
 to the commissioner, before such receipt or access, that such person  or
 entity  shall  not  (i)  use such records or information for civil immi-
 gration purposes or (ii) disclose such records  or  information  to  any
 agency  that  primarily  enforces  immigration law or to any employee or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15423-01-0

 A. 10110                            2
 
 agent of any such agency unless  such  disclosure  is  pursuant  to  THE
 PROVISIONS  OF  THIS  CHAPTER OR a cooperative arrangement between city,
 state and federal agencies which  arrangement  does  not  enforce  immi-
 gration  law  and which disclosure is limited to the specific records or
 information being sought pursuant to such arrangement.  In  addition  to
 any  records  required to be kept pursuant to subdivision (c) of section
 2721 of title 18 of the United States code, any person or entity  certi-
 fying  pursuant  to this paragraph shall keep for a period of five years
 records of all uses and identifying each person or entity that primarily
 enforces immigration law that received department records or information
 from such certifying person or entity. Such records shall be  maintained
 in  a manner and form prescribed by the commissioner and shall be avail-
 able for inspection by the commissioner or his or her designee upon  his
 or her request.
   (c)  For purposes of this subdivision, the term "agency that primarily
 enforces immigration law" shall include, but not be limited  to,  United
 States immigration and customs enforcement and United States customs and
 border protection, and any successor agencies having similar duties.
   § 2. This act shall take effect immediately.