The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1747

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  the department of motor vehicles to issue standard drivers'  licenses;
  and  to  repeal subdivisions 1 and 7 of section 502 of the vehicle and
  traffic law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "driver's
license access and privacy act".
  § 2. Section 201 of the vehicle and traffic law, as added  by  chapter
380  of the laws of 1980, paragraph (b) of subdivision 1 and subdivision
2 as amended by chapter 568 of the laws of 1994, paragraph (f) of subdi-
vision 1 as amended by chapter 550 of the laws of 1992, paragraph (i) of
subdivision 1 as amended by section 2 of part E of  chapter  60  of  the
laws of 2005, item 1 of clause (A) of subparagraph (ii) of paragraph (i)
of  subdivision 1 as amended by section 1 of part I of chapter 58 of the
laws of 2015, item 2 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 as amended by section 1 of part K of chapter 59 of  the
laws  of 2009, paragraph (j) of subdivision 1 as added by chapter 448 of
the laws of 1995, paragraph (k) of subdivision 1 as amended  by  chapter
391  of the laws of 1998, subdivision 5 as amended by chapter 196 of the
laws of 1996, subdivision 6 as amended by chapter 432  of  the  laws  of
1997,  and subdivision 7 as added by chapter 978 of the laws of 1984, is
amended to read as follows:
  § 201. Custody of records. 1. Documents. The commissioner may destroy:
  (a) any application, including supporting documents, for  registration
and/or  title  of  a motor vehicle or trailer, other than an application
for renewal of registration, or any notice of a lien on a motor  vehicle
or  trailer, after such application shall have been on file for a period
of five years;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD05648-01-9

S. 1747                             2

  (b) any application for renewal of a registration which results in the
issuance of a registration renewal of any motor vehicle or trailer, upon
entry of an electronic record of renewal on the files;
  (c)  any application for a FEDERAL-PURPOSE driver's license, including
any document required to be filed with any such application, after  such
application shall have been on file for a period of five years;
  (d)  ANY  APPLICATION  FOR  A STANDARD DRIVER'S LICENSE, INCLUDING ANY
DOCUMENT REQUIRED TO BE FILED WITH SUCH APPLICATION, AFTER THE  APPLICA-
TION  HAS  BEEN  REVIEWED,  PROVIDED THAT SUCH APPLICATION AND DOCUMENTS
SHALL BE DESTROYED AFTER HAVING BEEN ON FILE FOR A PERIOD OF SIX MONTHS;
  (E) any application, including supporting documents, for the registra-
tion, other than a renewal of a registration, of a snowmobile after such
application shall have been on file for a period of two years;
  [(e)] (F) any application for renewal of a registration which  results
in  the  issuance of a registration renewal for any snowmobile, upon the
expiration of the registration renewal issued;
  [(f)] (G) any application, including supporting documents, for  regis-
tration  and/or  title  of  a  motorboat,  other than an application for
renewal of registration, or any notice of a lien on  a  motorboat  after
such application shall have been on file for a period of four years;
  [(g)]  (H) any application for renewal of a registration which results
in the issuance of a registration renewal for any  motorboat,  upon  the
expiration of the registration renewal issued;
  [(h)]  (I) any application, including supporting documents relating to
ownership, for any other registration,  license  or  certificate  issued
under  this  chapter and not specifically otherwise provided for in this
subdivision, after such application shall have been on file for a period
of five years;
  [(i)] (J) (i)  any  accident  reports  filed  with  the  commissioner,
conviction  certificates, police reports, complaints, satisfied judgment
records, closed suspension and revocation orders, hearing records, other
than audio  tape  recordings  of  hearings,  significant  correspondence
relating  to any of the same, and any other record on file after remain-
ing on file for  four  years  except  that  if  the  commissioner  shall
receive,  during  the  last  year  of such period of four years, written
notice to retain one or more of such papers or documents, the same shall
be retained for another four years in addition to said  period  of  four
years.  The provisions of this paragraph shall not apply to certificates
of conviction filed with respect to convictions which affect  sentencing
or  administrative  action required by law beyond such four year period.
Such certificates may be destroyed after they have no  legal  effect  on
sentencing or administrative action;
  (ii)(A)  Notwithstanding  the  provisions  of subparagraph (i) of this
paragraph, the commissioner may destroy any conviction certificates  and
closed suspension and revocation orders after remaining on file for:
  (1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder of
any  driver's  license  when  operating  a  commercial motor vehicle, as
defined in subdivision four of section five hundred one-a of this  chap-
ter,  or  by  the  holder of a commercial driver's license or commercial
learner's permit when operating any motor vehicle, who: has  refused  to
submit to a chemical test pursuant to section eleven hundred ninety-four
of  this chapter or has been convicted of any of the following offenses:
any violation of subdivision  two,  two-a,  three,  four  or  four-a  of
section  eleven  hundred  ninety-two  of  this chapter, any violation of
subdivision one or two of section six hundred of this chapter, any felo-

S. 1747                             3

ny involving the use of a motor vehicle, other than the use of  a  motor
vehicle  in the commission of a felony involving manufacturing, distrib-
uting, dispensing a controlled substance; or the conviction,  suspension
or  revocation  involves any of the following offenses while operating a
commercial motor vehicle: any violation of subdivision five  or  six  of
section  eleven hundred ninety-two of this chapter, driving a commercial
motor vehicle when as a result of prior violations committed while oper-
ating a commercial  motor  vehicle,  the  driver's  commercial  driver's
license  or  commercial learner's permit is suspended or revoked, or has
been convicted of causing a fatality through the negligent operation  of
a  commercial  motor vehicle, including but not limited to the crimes of
vehicular manslaughter and criminally negligent homicide as set forth in
article one hundred twenty-five of the penal law;
  (2) fifteen years for violating an out of service  order  as  provided
for  in  the  rules  and regulations of the department of transportation
while operating a commercial motor vehicle.
  (B) Any conviction arising out of the use of a motor  vehicle  in  the
commission   of  a  felony  involving  manufacturing,  distributing,  or
dispensing a controlled substance shall never be destroyed.
  (C) The provisions of this subparagraph shall only  apply  to  records
requested by a state, the United States secretary of transportation, the
person  who is the subject of the record, or a motor carrier who employs
or who prospectively may employ the person who is  the  subject  of  the
record.
  [(j)  audio tape recordings of hearings, two years after such hearing;
provided, however, that audio tape recordings of hearings held  pursuant
to  section  two  hundred  twenty-seven of this chapter may be destroyed
ninety days after a determination has been made as  prescribed  in  such
section.]
  (k) any records, including any reproductions or electronically created
images of such records and including any records received by the commis-
sioner  from  a  court  pursuant  to paragraph (c) of subdivision ten of
section  eleven  hundred  ninety-two  of   this   chapter   or   section
forty-nine-b of the navigation law, relating to a finding of a violation
of  section  eleven  hundred ninety-two-a of this chapter or a waiver of
the right to a hearing under section  eleven  hundred  ninety-four-a  of
this  chapter  or  a  finding of a refusal following a hearing conducted
pursuant to subdivision three of section eleven hundred ninety-four-a of
this chapter or a finding of a violation of section forty-nine-b of  the
navigation  law  or  a  waiver of the right to a hearing or a finding of
refusal following a hearing conducted pursuant to  such  section,  after
remaining  on  file  for three years after such finding or entry of such
waiver or refusal or until the person that is  found  to  have  violated
such  section  reaches  the  age of twenty-one, whichever is the greater
period of time. Upon the expiration of the  period  for  destruction  of
records  pursuant  to  this  paragraph,  the entirety of the proceedings
concerning the violation or alleged violation  of  such  section  eleven
hundred ninety-two-a of this chapter or such section forty-nine-b of the
navigation  law,  from the initial stop and detention of the operator to
the entering of a finding and imposition of sanctions  pursuant  to  any
subdivision  of  section eleven hundred ninety-four-a of this chapter or
of section forty-nine-b of the navigation law shall be deemed a nullity,
and the operator shall be restored, in  contemplation  of  law,  to  the
status he occupied before the initial stop and prosecution[.]; AND
  (L)  AUDIO  TAPE RECORDINGS OF HEARINGS, TWO YEARS AFTER SUCH HEARING;
PROVIDED, HOWEVER, THAT AUDIO TAPE RECORDINGS OF HEARINGS HELD  PURSUANT

S. 1747                             4

TO SECTION TWO HUNDRED TWENTY-SEVEN OF THIS TITLE MAY BE DESTROYED NINE-
TY  DAYS  AFTER  A  DETERMINATION  HAS  BEEN  MADE AS PRESCRIBED IN SUCH
SECTION.
  2. Reproduction of documents by commissioner. The provisions of subdi-
vision  one  of  this  section  shall  not prevent the commissioner from
reproducing a copy of any document specified in that subdivision or from
electronically creating and storing an image of any documents maintained
by the department. Such image or reproduction may be designated  as  the
official  departmental  record.  The  original document may be destroyed
after such reproduction or  image  has  been  made  and  filed  and  the
destruction  of  the  reproduction  or  image  shall  be governed by the
provisions of subdivision one of this section.
  3. Electronically or mechanically stored records.  Any  electronically
or mechanically stored record relating to:
  (a)  certificates  of  title  shall  be retained for a period of seven
years from the date of the issuance of  the  title  plus  an  additional
three consecutive years of inactivity regarding the titled vehicle;
  (b)  liens  and  satisfaction  of liens shall be retained for one year
from the date of satisfaction;
  (c) renewal of the registration of any motor vehicle or trailer  shall
be  retained for a period of one year from the date of expiration of the
registration issued;
  (d) FEDERAL-PURPOSE driver's licenses shall be retained for  a  period
of  two  years  from the date of expiration of the last driver's license
issued;
  (e) STANDARD DRIVER'S LICENSE MAY BE RETAINED ONLY FOR A PERIOD OF TWO
YEARS FROM THE DATE OF EXPIRATION OF THE LAST DRIVER'S LICENSE ISSUED;
  (F) registrations, licenses, or certificates  not  otherwise  provided
for  in this subdivision shall be retained for a period of one year from
the date of expiration of the last registration, license or certificate;
  [(f)] (G) documents specified in paragraph [(i)]  (J)  of  subdivision
one  of  this section shall be retained until the document itself may be
destroyed.
  4. Whenever any document  referred  to  in  subdivision  one  of  this
section  shall have been destroyed, a document produced from the surviv-
ing electronically or mechanically stored data record shall  be  consid-
ered the original record of such document.
  5.  Whenever  any  document  referred  to  in  subdivision one of this
section or any record retained in subdivision three of this section  has
been  retained  beyond the required retention period of such document or
record, the document or record shall not be a public record; and, to the
extent that any document referred to in paragraph (k) of subdivision one
of this section  has  not  been  destroyed  at  the  expiration  of  the
retention  period  set  forth  therein,  such  document  shall be deemed
destroyed as a matter of law for all purposes upon the expiration of the
retention period.
  6. Whenever any document  referred  to  in  subdivision  one  of  this
section  is  filed  with  this  department when it is not required to be
filed and is used by this department for no other purposes,  other  than
for  statistics  or research, the document shall not be a public record.
Provided, however, that an accident report filed  with  this  department
when  it is not required to be filed shall not be a public record except
as follows:  for use by the state or any political  subdivision  thereof
for  no other purposes other than for statistics or research relating to
highway safety; for any lawful purpose by a person to whom  such  report
pertains  or  named  in  such report, or his or her authorized represen-

S. 1747                             5

tative; and, for use by any other  person,  or  his  or  her  authorized
representative,  who has demonstrated to the satisfaction of the commis-
sioner that such person is or may be a party to a civil  action  arising
out of the conduct described in such accident report.
  7. Where a judge or magistrate reports a license suspension or revoca-
tion  to  the commissioner, following a youthful offender determination,
as is required by section five hundred thirteen  of  this  chapter,  the
commissioner shall not make available the finding of the court of youth-
ful offender status to any person, or public or private agency.
  8. ANY PORTION OF ANY RECORD RETAINED BY THE COMMISSIONER THAT IDENTI-
FIES A PERSON'S SOCIAL SECURITY NUMBER, ADDRESS, PLACE OF BIRTH, COUNTRY
OF  ORIGIN,  PLACE  OF  EMPLOYMENT,  SCHOOL  OR  EDUCATIONAL INSTITUTION
ATTENDED, SOURCE OF INCOME, STATUS AS A RECIPIENT OF PUBLIC BENEFITS, OR
THE CUSTOMER IDENTIFICATION NUMBER ASSOCIATED WITH  A  PUBLIC  UTILITIES
ACCOUNT IS NOT A PUBLIC RECORD AND SHALL NOT BE DISCLOSED IN RESPONSE TO
ANY  REQUEST  FOR  RECORDS  EXCEPT  WHERE  EXPRESSLY  AUTHORIZED BY THIS
SECTION.
  9.  THE  COMMISSIONER  SHALL  NOT  DISCLOSE  RECORDS  OR   INFORMATION
COLLECTED  FROM DRIVER'S LICENSE OR LEARNER'S PERMIT APPLICANTS OR HOLD-
ERS TO ANY LAW ENFORCEMENT AGENCY ABSENT A JUDICIAL SUBPOENA OR JUDICIAL
WARRANT THAT NAMES  THE  INDIVIDUAL  WHOSE  INFORMATION  IS  SOUGHT.  IF
PRESENTED  WITH  A  JUDICIAL  SUBPOENA  OR  JUDICIAL WARRANT, ONLY THOSE
RECORDS OR  INFORMATION  SPECIFICALLY  IDENTIFIED  IN  THE  SUBPOENA  OR
WARRANT MAY BE DISCLOSED.
  10.  THE  COMMISSIONER SHALL NOT PERMIT ANY THIRD PARTY, INCLUDING ANY
LAW ENFORCEMENT AGENCY, TO HAVE DIRECT PHYSICAL OR ELECTRONIC ACCESS  TO
ANY DATABASES OR INDEXES MAINTAINED BY THE DEPARTMENT.
  11.  THE  COMMISSIONER  SHALL  PROVIDE NOTICE TO EACH INDIVIDUAL WHOSE
INFORMATION IS REQUESTED BY ANY THIRD PARTY, INCLUDING LAW  ENFORCEMENT.
SUCH NOTICE SHALL INCLUDE THE IDENTITY OF THE PERSON OR AGENCY THAT MADE
THE REQUEST.
  12.  ANY  DATABASES OR INDEXES MAINTAINED BY THE COMMISSIONER OF DRIV-
ER'S LICENSE APPLICANTS OR HOLDERS SHALL  NOT  INCLUDE  AN  INDIVIDUAL'S
SOCIAL  SECURITY  NUMBER  OR  WHETHER THE APPLICANT OR HOLDER PROVIDED A
SOCIAL SECURITY NUMBER, AND SHALL NOT  IDENTIFY  WHETHER  AN  INDIVIDUAL
HOLDS A STANDARD OR FEDERAL-PURPOSE DRIVER'S LICENSE.
  §  3.  Subparagraphs  (iv), (vi), (vii) and (viii) of paragraph (a) of
subdivision 2 and paragraph (a) of subdivision 5 of section 501  of  the
vehicle  and  traffic law, subparagraphs (vi), (vii) and (viii) of para-
graph (a) of subdivision 2 as added by chapter 173 of the laws of  1990,
subparagraph  (iv) of paragraph (a) of subdivision 2 as amended by chap-
ter 339 of the laws of 2005, paragraph (a) of subdivision 5  as  amended
by  chapter  692 of the laws of 1985, and subparagraph (ii) of paragraph
(a) of subdivision 5 as amended by chapter 644 of the laws of 2002,  are
amended to read as follows:
  (iv)  Class D. Such license shall be valid to operate any passenger or
limited use automobile or any truck with a GVWR of not more  than  twen-
ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
of not more than ten thousand pounds, or any such vehicle towing another
vehicle with a GVWR of more  than  ten  thousand  pounds  provided  such
combination  of vehicles has a GCWR of not more than twenty-six thousand
pounds, or any personal use vehicle with a GVWR of not more  than  twen-
ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
of not more than ten thousand pounds, except it shall not  be  valid  to
operate  a  tractor,  a motorcycle other than a class B or C limited use
motorcycle, a vehicle used to transport passengers for hire or for which

S. 1747                             6

a hazardous materials endorsement is required, or a vehicle defined as a
bus in subdivision one of section five hundred  nine-a  of  this  title.
SUCH  LICENSES  MAY BE ISSUED EITHER AS A STANDARD DRIVER'S LICENSE OR A
FEDERAL-PURPOSE DRIVER'S LICENSE.
  (vi)  Class  DJ.  Such license shall be valid to operate only vehicles
which may be operated with a class D license by a person under  eighteen
years  of  age,  except it shall not be valid to operate a motor vehicle
with an unladen weight or a GVWR of more than ten thousand pounds or any
motor vehicle towing another vehicle with an unladen weight or  GVWR  of
more than three thousand pounds. Such license shall automatically become
a  class  D license when the holder becomes eighteen years of age.  SUCH
LICENSES MAY BE ISSUED EITHER AS A STANDARD DRIVER'S LICENSE OR A FEDER-
AL-PURPOSE DRIVER'S LICENSE.
  (vii) Class M. Such license shall be valid to operate any  motorcycle,
or  any motorcycle, other than a limited use motorcycle, towing a trail-
er.  SUCH LICENSES MAY BE ISSUED EITHER AS A STANDARD  DRIVER'S  LICENSE
OR A FEDERAL-PURPOSE DRIVER'S LICENSE.
  (viii) Class MJ. Such license shall be valid to operate any motorcycle
or  limited use motorcycle by a person under eighteen years of age. Such
license shall automatically become a class M  license  when  the  holder
becomes  eighteen years of age.  SUCH LICENSES MAY BE ISSUED EITHER AS A
STANDARD DRIVER'S LICENSE OR A FEDERAL-PURPOSE DRIVER'S LICENSE.
  (a) The commissioner shall issue learner's permits as provided in this
article.  SUCH PERMITS MAY BE ISSUED  EITHER  AS  A  STANDARD  LEARNER'S
PERMIT  OR  A  FEDERAL-PURPOSE  LEARNER'S  PERMIT. Such permits shall be
valid only:
  (i) for the operation of a motor vehicle of  a  type  which  could  be
operated  by the holder of the class of license for which application is
being made;
  (ii) when the holder is under the immediate supervision and control of
a person at least twenty-one years of age who holds a license  valid  in
this state for the operation of the type of vehicle being operated; and
  (iii) in accordance with any additional restrictions prescribed by the
commissioner and noted on such permit.
  § 4. Section 501-a of the vehicle and traffic law is amended by adding
three new subdivisions 9, 10 and 11 to read as follows:
  9.  STANDARD DRIVER'S LICENSE OR LEARNER'S PERMIT. A LICENSE OR PERMIT
CARD THAT AUTHORIZES A PERSON TO OPERATE A MOTOR VEHICLE  AS  DETERMINED
BY THE CLASS OF LICENSE.
  10. FEDERAL-PURPOSE DRIVER'S LICENSE OR LEARNER'S PERMIT. A LICENSE OR
PERMIT  CARD  THAT  AUTHORIZES  A  PERSON  TO OPERATE A MOTOR VEHICLE AS
DETERMINED BY THE CLASS OF LICENSE, AND WHICH IS INTENDED TO MEET FEDER-
AL STANDARDS FOR IDENTIFICATION ACCEPTED BY THE FEDERAL GOVERNMENT.
  11. JUDICIAL WARRANT. A WARRANT BASED ON PROBABLE CAUSE AND ISSUED  BY
A JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES CONSTITU-
TION  OR  A  FEDERAL  MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC 631,
THAT AUTHORIZES FEDERAL IMMIGRATION AUTHORITIES TO TAKE INTO CUSTODY THE
PERSON WHO IS THE SUBJECT OF SUCH WARRANT.
  § 5. Subdivisions 1 and 7 of section 502 of the  vehicle  and  traffic
law are REPEALED and a new subdivision 1 is added to read as follows:
  1. APPLICATION FOR LICENSE. APPLICATION FOR A FEDERAL-PURPOSE DRIVER'S
LICENSE  SHALL BE MADE TO THE COMMISSIONER PURSUANT TO THIS SECTION. THE
FEE PRESCRIBED BY LAW MAY BE SUBMITTED WITH SUCH APPLICATION. THE APPLI-
CANT SHALL FURNISH SUCH PROOF OF IDENTITY, AGE, AND FITNESS  AS  MAY  BE
REQUIRED  BY  THE COMMISSIONER. APPLICANTS WHO CANNOT PRESENT SUFFICIENT
PROOF TO OBTAIN A FEDERAL-PURPOSE DRIVER'S  LICENSE  SHALL  BE  NOTIFIED

S. 1747                             7

THAT  THEY MAY BE ELIGIBLE FOR A STANDARD DRIVER'S LICENSE UNDER SECTION
FIVE HUNDRED TWO-B OF THIS ARTICLE.  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 ADDITION, THE COMMISSIONER ALSO SHALL
REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER SOCIAL SECURITY NUMBER AND
SHALL PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY  REGIS-
TER  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.
  §  6.  Subdivision 3, paragraph (a) of subdivision 5 and paragraph (a)
of subdivision 6 of section 502 of the vehicle and traffic law, subdivi-
sion 3 as amended by chapter 97 of the laws of 2016,  paragraph  (a)  of
subdivision  5  as amended by chapter 138 of the laws of 1981, and para-
graph (a) of subdivision 6 as amended by section 3 of part K of  chapter
59 of the laws of 2009, are amended to read as follows:
  3.  Application  for  learner's permit. An application for a learner's
permit shall be included in the application for a STANDARD  OR  FEDERAL-
PURPOSE  DRIVER'S  license.  A  learner's permit shall be issued in such
form as the commissioner shall determine but shall not be issued  unless
the  applicant  has successfully passed the vision test required by this

S. 1747                             8

section and the test set forth in paragraph (a) of subdivision  four  of
this  section  with  respect  to laws relating to traffic and ability to
read and comprehend traffic signs and  symbols  and  has  satisfactorily
completed  any  course required pursuant to paragraph (a) of subdivision
four of this section. Upon acceptance of an application for a  learner's
permit  the  commissioner  shall  provide  the applicant with a driver's
manual which includes but is not limited to the laws relating  to  traf-
fic,  the  laws  relating  to and physiological effects of driving while
ability impaired and driving while intoxicated, the law  for  exercising
due  care  to avoid colliding with a parked, stopped or standing vehicle
pursuant to section eleven hundred forty-four-a of this chapter,  expla-
nations  of  traffic  signs  and  symbols  and such other matters as the
commissioner may prescribe.
  (a) Upon successful completion of the requirements set forth in subdi-
vision four of this section, and upon payment of the fee  prescribed  by
law,  the  commissioner shall issue an appropriate FEDERAL-PURPOSE DRIV-
ER'S license to the applicant, except that the commissioner  may  refuse
to issue such license:
  (i)  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, or
  (ii) if such issuance would be inconsistent  with  the  provisions  of
section five hundred sixteen of this [chapter] TITLE.
  (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,  and  if
required  by  the  commissioner  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 examination 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  regu-
lations.  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  commis-
sioner  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.
  §  7.  The  vehicle and traffic law is amended by adding a new section
502-b to read as follows:
  § 502-B. STANDARD DRIVER'S LICENSES. 1. ISSUANCE OF STANDARD  DRIVER'S
LICENSES  AND LEARNER'S PERMITS. (A) THE COMMISSIONER SHALL ISSUE STAND-
ARD DRIVER'S LICENSES AND LEARNER'S  PERMITS  IN  ACCORDANCE  WITH  THIS
SECTION TO ANY ELIGIBLE APPLICANT WHO SEEKS ONE.
  (B) SUCH LICENSES AND PERMITS SHALL BE MADE AVAILABLE WITH THE CLASSI-
FICATIONS  OF  D, DJ, M, AND MJ AS DEFINED BY SUBDIVISION TWO OF SECTION
FIVE HUNDRED ONE OF THIS ARTICLE, AND SHALL BE VALID FOR THE SAME  PERI-
ODS AS THE EQUIVALENT CLASS OF FEDERAL-PURPOSE LICENSE.
  (C) SUCH LICENSES SHALL BE VISUALLY IDENTICAL TO FEDERAL-PURPOSE DRIV-
ER'S  LICENSES ISSUED PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS ARTI-
CLE EXCEPT THAT SUCH LICENSES MAY STATE "NOT FOR FEDERAL PURPOSES" IN  A

S. 1747                             9

FONT NO LARGER THAN THE SMALLEST FONT OTHERWISE APPEARING ON THE FACE OF
THE  CARD.  THE COMMISSIONER MAY PROMULGATE REGULATIONS TO APPROVE ADDI-
TIONAL DESIGN  OR  COLOR  INDICATORS  FOR  STANDARD  OR  FEDERAL-PURPOSE
LICENSES IF REQUIRED TO COMPLY WITH FEDERAL LAW.
  2. ELIGIBILITY FOR STANDARD DRIVER'S LICENSES. (A) NOTWITHSTANDING ANY
OTHER  PROVISION  OF  THIS ARTICLE, A STANDARD DRIVER'S LICENSE SHALL BE
ISSUED TO ANY APPLICANT  WHO  FURNISHES  PROOF  OF  IDENTITY,  AGE,  AND
FITNESS AS REQUIRED BY THIS SECTION.
  (B) PROOF OF IDENTITY AND AGE. THE COMMISSIONER SHALL PROMULGATE REGU-
LATIONS  TO  ESTABLISH ACCEPTABLE PROOF OF AGE AND IDENTITY FOR STANDARD
DRIVER'S LICENSE AND LEARNER'S PERMIT APPLICANTS, PROVIDED THAT:
  (I) THE COMMISSIONER SHALL ACCEPT A PASSPORT OR GOVERNMENT IDENTIFICA-
TION DOCUMENT ISSUED IN A FOREIGN COUNTRY AS AT LEAST ONE FORM OF PROOF;
AND
  (II) IF ANY APPLICANT IS REQUIRED TO FURNISH A SOCIAL SECURITY NUMBER,
APPLICANTS MAY HAVE THE OPTION OF SIGNING AN AFFIDAVIT STATING THAT  THE
APPLICANT HAS NOT BEEN ISSUED A SOCIAL SECURITY NUMBER.
  (C)  PROOF  OF  FITNESS. APPLICANTS FOR STANDARD DRIVER'S LICENSES AND
LEARNER'S PERMITS SHALL BE SUBJECT TO THE SAME MINIMUM AGE  REQUIREMENTS
AS  PROVIDED  FOR IN SUBDIVISION TWO OF SECTION FIVE HUNDRED TWO OF THIS
ARTICLE, AND SHALL BE SUBJECT TO THE SAME  EXAMINATION  REQUIREMENTS  AS
PROVIDED  FOR  IN  SUBDIVISION  FOUR OF SECTION FIVE HUNDRED TWO OF THIS
ARTICLE.
  (D) NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  ARTICLE  OR  TITLE,
APPLICANTS  FOR  STANDARD  DRIVER'S LICENSES AND LEARNER'S PERMITS SHALL
NOT BE REQUIRED TO PROVE THAT THEY ARE LAWFULLY PRESENT  IN  THE  UNITED
STATES.
  3. APPLICATION FORM. (A) THE COMMISSIONER SHALL PROVIDE AN APPLICATION
FORM FOR STANDARD DRIVER'S LICENSES IN ACCORDANCE WITH THIS SECTION.
  (B)  THE  APPLICATION FORM MAY INCLUDE FIELDS FOR AN APPLICANT'S NAME,
DATE OF BIRTH, RESIDENTIAL AND MAILING ADDRESS, SEX, HEIGHT, EYE  COLOR,
VETERAN  STATUS, WHETHER THE APPLICANT CHOOSES TO BE AN ORGAN DONOR, AND
CONSENT OF THE APPLICANT'S PARENT OR GUARDIAN, WHEN APPLICABLE.
  (C) THE APPLICATIONS FORM SHALL INCLUDE A  SINGLE  FIELD  TO  INDICATE
WHETHER AN APPLICANT HAS FURNISHED PROOF OF IDENTITY AS REQUIRED BY THIS
SECTION, AND SHALL NOT STATE THE DOCUMENTS USED TO PROVE IDENTITY.
  (D) THE APPLICATIONS FORM SHALL NOT STATE AN APPLICANT'S INELIGIBILITY
FOR  A  SOCIAL  SECURITY  NUMBER WHERE APPLICABLE, AND SHALL NOT STATE A
PERSON'S CITIZENSHIP OR IMMIGRATION STATUS.
  4. RENEWALS. A STANDARD DRIVER'S LICENSE OR LEARNER'S  PERMIT  MAY  BE
RENEWED  ACCORDING  TO  THE  PROCEDURES  PROVIDED  IN SUBDIVISION SIX OF
SECTION FIVE HUNDRED TWO OF THIS  ARTICLE,  EXCEPT  THAT  THE  APPLICANT
SHALL NOT BE REQUIRED TO PROVIDE A SOCIAL SECURITY NUMBER.
  5. CUSTODY OF RECORDS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
ARTICLE,  THE  COMMISSIONER SHALL COLLECT, STORE, AND MAINTAIN DOCUMENTS
AND INFORMATION FURNISHED BY APPLICANTS FOR STANDARD  DRIVER'S  LICENSES
IN ACCORDANCE WITH THIS SUBDIVISION.
  (B)  THE  COMMISSIONER  SHALL  NOT  COLLECT OR RETAIN THE DOCUMENTS OR
COPIES OF THE DOCUMENTS FURNISHED BY AN APPLICANT FOR A  STANDARD  DRIV-
ER'S  LICENSE,  INCLUDING THOSE DOCUMENTS FURNISHED AS PROOF OF IDENTITY
AND AGE.
  (C) THE COMMISSIONER MAY COLLECT THE APPLICATION FORM COMPLETED BY  AN
APPLICANT  FOR  A  STANDARD DRIVER'S LICENSE FOR THE PERIOD NECESSARY TO
REVIEW THE APPLICATION, PROVIDED THAT SUCH APPLICATION AND ANY COPIES OF
SUCH APPLICATION SHALL BE DESTROYED AFTER A PERIOD OF NO MORE  THAN  SIX

S. 1747                            10

MONTHS.  APPLICATION  FORMS SHALL NOT BE PUBLIC RECORDS AND SHALL NOT BE
DISCLOSED IN RESPONSE TO ANY PUBLIC RECORDS REQUEST.
  (D)  THE  COMMISSIONER  SHALL  NOT  DISCLOSE ANY INFORMATION COLLECTED
PURSUANT TO THIS SECTION TO ANY LAW ENFORCEMENT AGENCY ABSENT A JUDICIAL
SUBPOENA OR JUDICIAL WARRANT THAT NAMES THE INDIVIDUAL WHOSE INFORMATION
IS SOUGHT. IF PRESENTED WITH A JUDICIAL SUBPOENA  OR  JUDICIAL  WARRANT,
ONLY  THOSE  RECORDS  SPECIFICALLY IDENTIFIED IN THE SUBPOENA OR WARRANT
MAY BE DISCLOSED.
  6. PROHIBITION ON DISCRIMINATION. (A) IT SHALL BE A VIOLATION OF  LAW,
INCLUDING  BUT  NOT  LIMITED TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW, TO
DISCRIMINATE AGAINST AN INDIVIDUAL BECAUSE HE OR SHE APPLIES FOR, HOLDS,
OR PRESENTS A STANDARD DRIVER'S LICENSE OR LEARNER'S PERMIT.
  (B) A STANDARD DRIVER'S LICENSE OR LEARNER'S PERMIT 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.
  (C) EMPLOYEES OF THE DEPARTMENT SHALL NOT  INQUIRE  ABOUT  A  STANDARD
DRIVER'S  LICENSE  OR  LEARNER'S PERMIT APPLICANT'S CITIZENSHIP OR IMMI-
GRATION STATUS.
  § 8. Subdivisions 2 and 3 of section 508 of the  vehicle  and  traffic
law, as added by chapter 780 of the laws of 1972, 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
WHERE  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.   SUCH RECORD SHALL NOT  INCLUDE  THE  SOCIAL
SECURITY  NUMBER,  ADDRESS,  PLACE OF BIRTH, COUNTRY OF ORIGIN, PLACE OF
EMPLOYMENT,  SCHOOL  OR  EDUCATIONAL  INSTITUTION  ATTENDED,  SOURCE  OF
INCOME,  STATUS AS A RECIPIENT OF PUBLIC BENEFITS, OR THE CUSTOMER IDEN-
TIFICATION NUMBER ASSOCIATED WITH A  PUBLIC  UTILITIES  ACCOUNT  OF  ANY
LICENSE  HOLDERS  OR  APPLICANTS. 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.
  § 9. This act shall take effect immediately.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1747--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced  by  Sens.  SEPULVEDA,  BAILEY,  BENJAMIN,  BIAGGI, CARLUCCI,
  COMRIE, GIANARIS, GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAVANAGH,
  KRUEGER,  LIU,  MAY,  MAYER, MONTGOMERY, MYRIE, PARKER, RAMOS, RIVERA,
  SALAZAR, SANDERS, SERRANO, STAVISKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  the  "driver's
license access and privacy act".
  §  2.  Section 201 of the vehicle and traffic law is amended by adding
five new subdivisions 8, 9, 10, 11, and 12 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  PROCE-
DURE LAW OR THE CIVIL PRACTICE LAW AND RULES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05648-05-9

S. 1747--A                          2

  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.
  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) THE COMMISSIONER, AND ANY AGENT OR EMPLOYEE OF THE COMMISSION-
ER,  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.
  (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 USE SUCH RECORDS OR INFORMATION FOR CIVIL IMMIGRATION
PURPOSES OR DISCLOSE SUCH RECORDS OR  INFORMATION  TO  ANY  AGENCY  THAT
PRIMARILY  ENFORCES  IMMIGRATION  LAW OR TO ANY EMPLOYEE OR AGENT OF ANY
SUCH AGENCY. 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 CERTIFYING PURSUANT TO THIS  PARAGRAPH  SHALL  KEEP
FOR  A  PERIOD  OF  FIVE  YEARS RECORDS OF ALL USES AND IDENTIFYING EACH
PERSON OR ENTITY 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.

S. 1747--A                          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.
  §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 465 of the laws of 2012, the third undesignated para-
graph as amended by chapter 248 of the laws of 2016, 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
addition, the commissioner also shall require that the applicant provide
his  or  her  social  security  number  [and]  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 IDENTIFICA-
TION, AN AFFIDAVIT SIGNED BY SUCH APPLICANT  THAT  THEY  HAVE  NOT  BEEN
ISSUED  A  SOCIAL  SECURITY  NUMBER. THE COMMISSIONER ALSO shall provide
space on the application 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-

S. 1747--A                          4

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.
  §  4.  Subdivision  7 of section 502 of the vehicle and traffic law is
REPEALED and two new subdivisions 7 and 8 are added 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" IN A  FONT  NO
LARGER  THAN  THE  SMALLEST FONT OTHERWISE APPEARING ON THE FACE OF SUCH
LICENSE AND PERMIT. PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY PROMUL-
GATE REGULATIONS PROVIDING FOR ADDITIONAL DESIGN OR COLOR INDICATORS FOR
BOTH SUCH NON-COMMERCIAL DRIVERS'  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

S. 1747--A                          5

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.
  (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.
  §  5.  Subdivisions  2 and 3 of section 508 of the vehicle and traffic
law, as added by chapter 780 of the laws of 1972, 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-
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 ther-
eon.
  § 6. Any system or method established by  the  commissioner  of  motor
vehicles  to determine eligibility for a non-commercial driver's license
or learner's permit which does not meet federal standards for  identifi-
cation  shall not be structured in a manner that substantially disadvan-
tages or denies such licenses or permits to applicants who do  not  have
social security numbers or who use documents issued by a foreign govern-
ment to prove age or identity.
  § 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date are authorized to be made and
completed on or before such date.