Senate Bill S6584

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6584
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Subdivisions 9 and 10 and paragraph (a) of  subdivision  12
 of  section 201 of the vehicle and traffic law, as added by a chapter of
 the laws of 2019, amending the vehicle and traffic law relating  to  the
 issuance  of non-commercial drivers' licenses and learners' permits; and
 to repeal certain  provisions of such law relating to  driver's  license
 applications,  as proposed in legislative bills numbers S. 1747-B and A.
 3675-B, are amended to read as follows:
   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
 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; OR  (D)  AS  REQUIRED  FOR  THE
 COMMISSIONER  TO  ISSUE  OR RENEW A DRIVER'S LICENSE OR LEARNER'S PERMIT
 THAT MEETS FEDERAL STANDARDS FOR IDENTIFICATION.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05648-11-9

 S. 6584                             2
 
 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; OR (D) AS REQUIRED FOR THE COMMISSIONER TO
 ISSUE OR RENEW A DRIVER'S LICENSE OR LEARNER'S PERMIT THAT MEETS FEDERAL
 STANDARDS FOR IDENTIFICATION.
   (a) Except as required for the commissioner to issue or renew a  driv-
 er's  license or learner's permit that meets federal standards for iden-
 tification, the commissioner, and any agent or employee of  the  commis-
 sioner,  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  judi-
 cial  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 immigration law,
 the commissioner shall, no later than three  days  after  such  request,
 notify the individual about whom such information was requested, inform-
 ing  such  individual of the request and the identity of the agency that
 made such request UNLESS PROHIBITED BY A LAWFUL COURT ORDER OR  JUDICIAL
 WARRANT  SIGNED  BY  A  JUDGE  APPOINTED  PURSUANT TO ARTICLE III OF THE
 UNITED STATES CONSTITUTION.
   § 2. Paragraph (c) of subdivision 8 of section 502 of the vehicle  and
 traffic  law,  as  added  by a chapter of the laws of 2019, amending the
 vehicle and traffic law relating to the issuance of non-commercial driv-
 ers' licenses and learners' permits; and to repeal certain provisions of
 such law relating to  driver's  license  applications,  as  proposed  in
 legislative  bills numbers S. 1747-B and A. 3675-B is amended to read as
 follows:
   (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
 social security number where applicable, or (iii) an  applicant's  citi-
 zenship  or  immigration  status  EXCEPT  AS REQUIRED TO COMPLY WITH THE
 NATIONAL VOTER REGISTRATION ACT OF 1993 (PUBLIC LAW 103-31), AS AMENDED.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2019, amending the vehicle and traf-
 fic law relating to the issuance of non-commercial drivers' licenses and
 learners' permits; and to repeal certain provisions of such law relating
 to driver's license  applications,  as  proposed  in  legislative  bills
 numbers S. 1747-B and A. 3675-B, takes effect.