S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9116
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Subdivisions  8,  9,  10, 11 and 12 of section 201 of the
 vehicle and traffic law, as added by chapter 37 of the laws of 2019, are
 amended to read as follows:
   8. Any portion of any record retained by the commissioner in  relation
 to  a non-commercial driver's license or learner's permit application or
 renewal application that contains the  photo  image  or  identifies  the
 social  security  number,  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
 identification  number  associated  with  a  public  utilities  account,
 medical  information  or  disability  information  of  the holder of, or
 applicant for, such license or permit is not a public record  and  shall
 not  be  disclosed in response to any request for records except: (a) to
 the person who is the subject of such records; or  (b)  where  expressly
 required  pursuant  to chapter three hundred three of part A of subtitle
 vi of title forty-nine of the United States code; or (c) where necessary
 to comply with a lawful court order, judicial warrant signed by a  judge
 [appointed  pursuant  to article III of the United States constitution],
 or subpoena for individual  records  issued  pursuant  to  the  criminal
 procedure law or the civil practice law and rules.
   9.  The  commissioner  shall not disclose or otherwise make accessible
 original documents or copies of documents collected from  non-commercial
 driver's license or learner's permit applicants or renewal applicants to
 prove  identity,  age,  or  fitness except: (a) to the person who is the
 subject of such documents; or (b) where expressly required  pursuant  to
 chapter three hundred three of part A of subtitle vi of title forty-nine
 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.
                                                            LBD14694-03-0

 A. 9116                             2
 
 lawful court order, judicial warrant signed by a judge [appointed pursu-
 ant to article III of the United States constitution], or  subpoena  for
 individual  records  properly  issued pursuant to the criminal procedure
 law or the civil practice law and rules.
   10.  The  commissioner shall not disclose or otherwise make accessible
 any portion of any record that identifies whether the type  of  driver's
 license  or  learner's  permit  that a person holds either meets federal
 standards for identification or does  not  meet  federal  standards  for
 identification  except:  (a)  to  the  person who is the subject of such
 record; or (b)  where  expressly  required  pursuant  to  chapter  three
 hundred three of part A of subtitle vi of title forty-nine of the United
 States  code;  or  (c)  unless  necessary  to comply with a lawful court
 order, judicial warrant signed by a judge [appointed pursuant to article
 III of the United  States  constitution],  or  subpoena  for  individual
 records  properly  issued  pursuant to the criminal procedure law or the
 civil practice law and rules.
   11. For the purposes of this section, whenever a lawful  court  order,
 judicial  warrant,  or  subpoena  for individual records properly issued
 pursuant to the criminal procedure law or the  civil  practice  law  and
 rules  is  presented to the commissioner, only those records, documents,
 or information specifically sought by  such  court  order,  warrant,  or
 subpoena may be disclosed.
   [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 a lawful court order
 or judicial warrant signed by a 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  immi-
 gration 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
 agent of any such agency unless such disclosure is pursuant to a cooper-
 ative  arrangement  between  city,  state  and  federal  agencies  which
 arrangement does not enforce immigration 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  pursu-
 ant  to subdivision (c) of section 2721 of title 18 of the United States
 code, any person or entity certifying 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 available for inspection by the commissioner
 or his or her designee upon his or her request.

 A. 9116                             3

   (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.