S T A T E O F N E W Y O R K
________________________________________________________________________
10178
I N A S S E M B L Y
March 24, 2020
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to repealing
the "driver's license access and privacy act"; and to repeal certain
provisions of such law and chapter 37 of the laws of 2019, amending
the vehicle and traffic law, relating to the issuance of non-commer-
cial drivers' licenses and learners' permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 8, 9, 10, 11, and 12 of section 201 of the
vehicle and traffic law are REPEALED.
§ 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 37 of the laws of 2019, is amended to read as
follows:
1. Application for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. [With
respect to a non-commercial driver's license or learner's permit which
does not meet federal standards for identification, in addition to the
acceptable proofs of age and identity approved by the commissioner as of
January first, two thousand nineteen, acceptable proof of identity shall
also include, but not be limited to, a valid, unexpired foreign passport
issued by the applicant's country of citizenship (which shall also be
eligible as proof of age), a valid, unexpired consular identification
document issued by a consulate from the applicant's country of citizen-
ship, or a valid foreign driver's license that includes a photo image of
the applicant and which is unexpired or expired for less than twenty-
four months of its date of expiration, as primary forms of such proof.
Nothing contained in this subdivision shall be deemed to preclude the
commissioner from approving additional proofs of identity and age.] The
commissioner may also provide that the application procedure shall
include the taking of a photo image or images of the applicant in
accordance with rules and regulations prescribed by the commissioner. In
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15525-01-0
A. 10178 2
addition, the commissioner also shall require that the applicant provide
his or her social security number [or, in lieu thereof, with respect to
an application for a non-commercial driver's license or learner's permit
which does not meet federal standards for identification, an affidavit
signed by such applicant that they have not been issued a social securi-
ty number. The commissioner also] AND shall provide space on the appli-
cation so that the applicant may register in the New York state organ
and tissue donor registry under section forty-three hundred ten of the
public health law with the following stated on the application in clear
and conspicuous type:
"You must fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
tion'."
The commissioner of health shall not maintain records of any person
who checks "skip this question". Except where the application is made in
person or electronically, failure to check a box shall not impair the
validity of an application, and failure to check "yes" or checking "skip
this question" shall not be construed to imply a wish not to donate. In
the case of an applicant under eighteen years of age, checking "yes"
shall not constitute consent to make an anatomical gift or registration
in the donate life registry, except as otherwise provided pursuant to
the provisions of paragraph (b) of subdivision one of section forty-
three hundred one of the public health law. Where an applicant has
previously consented to make an anatomical gift or registered in the
donate life registry, checking "skip this question" or failing to check
a box shall not impair that consent or registration. In addition, an
applicant for a commercial driver's license who will operate a commer-
cial motor vehicle in interstate commerce shall certify that such appli-
cant meets the requirements to operate a commercial motor vehicle, as
set forth in public law 99-570, title XII, and title 49 of the code of
federal regulations, and all regulations promulgated by the United
States secretary of transportation under the hazardous materials trans-
portation act. In addition, an applicant for a commercial driver's
license shall submit a medical certificate at such intervals as required
by the federal motor carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of federal regulations relating to
medical certification and in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three, five
hundred ten-a, and five hundred ten-aa of this title, the terms "medical
certificate" and "medical certification" shall mean a form substantially
in compliance with the form set forth in Part 391.43(h) of title 49 of
the code of federal regulations. Upon a determination that the holder of
a commercial driver's license has made any false statement, with respect
to the application for such license, the commissioner shall revoke such
license.
§ 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by chapter 37 of the laws of 2019, is amended to
read as follows:
(a) A license issued pursuant to subdivision five of this section
shall be valid until the expiration date contained thereon, unless such
license is suspended, revoked or cancelled. Such license may be renewed
by submission of an application for renewal, the fee prescribed by law,
proofs of prior licensing, fitness and acceptable vision prescribed by
the commissioner, the applicant's social security number [or, in lieu
thereof, with respect to an application for a non-commercial driver's
license or learner's permit which does not meet federal standards for
A. 10178 3
identification, an affidavit signed by such applicant that they have not
been issued a social security number], and if required by the commis-
sioner, a photo image of the applicant in such numbers and form as the
commissioner shall prescribe. In addition, an applicant for renewal of a
license containing a hazardous material endorsement shall pass an exam-
ination to retain such endorsement. The commissioner shall, with respect
to the renewal of a hazardous materials endorsement, comply with the
requirements imposed upon states by sections 383.141 and 1572.13 of
title 49 of the code of federal regulations. A renewal of such license
shall be issued by the commissioner upon approval of such application,
except that no such license shall be issued if its issuance would be
inconsistent with the provisions of section five hundred sixteen of this
title, and except that the commissioner may refuse to renew such license
if the applicant is the holder of a currently valid or renewable license
to drive issued by another state or foreign country unless the applicant
surrenders such license.
§ 4. Subdivisions 7 and 8 of section 502 of the vehicle and traffic
law, as added by chapter 37 of the laws of 2019, are amended to read as
follows:
7. [Selective service act. The commissioner shall provide separate
space on the application for a learner's permit, driver's license, non-
driver identification card, or renewal thereof so that any person who is
at least eighteen years of age but less than twenty-six years of age who
applies to the commissioner for such permit, license, or card or renewal
thereof may opt to register with the selective service in accordance
with 50 U.S.C. App 451 et. seq., as amended, if such person is subject
to such act, and consent to have the commissioner forward the necessary
personal information in accordance with this subdivision. Such consent
shall be separate from any other certification or signature on such
application. The commissioner shall include on the application a brief
statement about the requirement of the law, a citation of the act, and
the consequences for failing to meet the same. The commissioner shall
forward to the selective service system, in an electronic format, the
necessary personal information required for registration only of indi-
viduals who have affirmatively opted and consented, pursuant to this
subdivision, to authorize the commissioner to forward such information
to the selective service system.
8. Non-commercial drivers' licenses and learners' permits which do not
meet federal standards for identification. (a) Non-commercial drivers'
licenses and learners' permits which do not meet federal standards for
identification shall be issued in such form as the commissioner shall
determine, provided that such licenses and permits shall be visually
identical to non-commercial drivers' licenses and learners' permits
which do meet federal standards for identification except that such
licenses and permits may state "Not for Federal Purposes". Provided,
however, that the commissioner may promulgate regulations providing for
additional design or color indicators for both such non-commercial driv-
ers' licenses and learners' permits if required to comply with federal
law.
(b) Applicants for a non-commercial driver's license or learner's
permit or a renewal thereof shall not be required to prove that they are
lawfully present in the United States.
(c) Application forms for non-commercial drivers' licenses and lear-
ners' permits which do not meet federal standards for identification or
for renewal thereof shall not state (i) the documents an applicant used
to prove age or identity, or (ii) an applicant's ineligibility for a
A. 10178 4
social security number where applicable, or (iii) an applicant's citi-
zenship or immigration status.
(d) The commissioner and any agent or employee of the commissioner
shall not retain the documents or copies of documents presented by
applicants for non-commercial drivers' licenses or learners' permits
which do not meet federal standards for identification to prove age or
identity except for a limited period necessary to ensure the validity
and authenticity of such documents.
(e) (i) A non-commercial driver's license or learner's permit which
does not meet federal standards for identification shall not be used as
evidence of a person's citizenship or immigration status, and shall not
be the basis for investigating, arresting, or detaining a person. (ii)
Neither the commissioner nor any agent or employee of the commissioner
shall inquire about the citizenship or immigration status of any appli-
cant for a non-commercial driver's license or learner's permit which
does not meet federal standards for identification.] COMPLIANCE WITH
SELECTIVE SERVICE ACT REQUIRED. (A) ALL PERSONS WHO ARE AT LEAST EIGH-
TEEN YEARS OF AGE BUT LESS THAN TWENTY-SIX YEARS OF AGE WHO APPLY TO THE
COMMISSIONER FOR A LEARNER'S PERMIT, DRIVER'S LICENSE, RENEWAL OF
LICENSE, OR NON-DRIVER'S IDENTIFICATION CARD, SHALL EITHER: (I) BE IN
COMPLIANCE WITH THE REQUIREMENTS OF THE MILITARY SELECTIVE SERVICE ACT
AS PROVIDED FOR PURSUANT TO 50 U.S.C. APP 451 ET. SEQ., AS AMENDED, OR
(II) CONSENT TO PERMIT THE COMMISSIONER TO FORWARD SUCH INFORMATION AS
IS REQUIRED TO REGISTER SUCH INDIVIDUAL WITH THE SELECTIVE SERVICE
SYSTEM, IF SUCH INDIVIDUAL MUST BE REGISTERED PURSUANT TO SUCH ACT.
(B) THE COMMISSIONER SHALL FORWARD IN AN ELECTRONIC FORMAT THE NECES-
SARY PERSONAL INFORMATION REQUIRED FOR REGISTRATION OF SUCH INDIVIDUALS
SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WITH THE SELECTIVE
SERVICE SYSTEM. SUCH INDIVIDUAL'S APPLICATION TO THE COMMISSIONER FOR A
LEARNER'S PERMIT, DRIVER'S LICENSE, RENEWAL OF LICENSE, OR NON-DRIVER'S
IDENTIFICATION CARD SHALL SERVE AS AN INDICATION THAT THE APPLICANT HAS
ALREADY REGISTERED WITH THE MILITARY SELECTIVE SERVICE ACT OR THAT SUCH
INDIVIDUAL IS AUTHORIZING THE COMMISSIONER TO FORWARD TO THE SELECTIVE
SERVICE SYSTEM THE NECESSARY INFORMATION FOR SUCH SELECTIVE SERVICE
REGISTRATION. THE COMMISSIONER SHALL NOTIFY SUCH APPLICANTS ON THE
APPLICATION FORM THAT ANY APPLICATION FOR A LEARNER'S PERMIT, DRIVER'S
LICENSE, RENEWAL OF LICENSE, OR NON-DRIVER'S IDENTIFICATION CARD SHALL
SERVE AS CONSENT TO BE REGISTERED WITH THE SELECTIVE SERVICE SYSTEM, IF
SO REQUIRED BY FEDERAL LAW.
§ 5. Subdivisions 2 and 3 of section 508 of the vehicle and traffic
law, as amended by chapter 37 of the laws of 2019, are amended to read
as follows:
2. Any application required to be filed under this article shall be in
a manner and on a form or forms prescribed by the commissioner. The
applicant shall furnish all information required by statute and[, except
as otherwise provided in this title,] such other information as the
commissioner shall deem appropriate.
3. License record. The commissioner shall keep a record of every
license issued which record shall be open to public inspection during
reasonable business hours. [Provided, however, that the following infor-
mation whenever contained within the record of non-commercial drivers'
licenses and learners' permits shall not be open to public inspection:
the photo image, social security number, client identification number,
name, address, telephone number, place of birth, country of origin,
place of employment, school or educational institution attended, source
of income, status as a recipient of public benefits, the customer iden-
A. 10178 5
tification number associated with a public utilities account, medical
information or disability information of any holders of, or applicants
for, such licenses and permits, and whether such licenses or permits
meet federal standards for identification or do not meet federal stand-
ards for identification.] Neither the commissioner nor his agent shall
be required to allow the inspection of an application, or to furnish a
copy thereof, or information therefrom, until a license has been issued
thereon.
§ 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle
and traffic law, relating to the issuance of non-commercial drivers'
licenses and learners' permits, is REPEALED.
§ 7. This act shall take effect immediately.