S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3270
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 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 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, subdivisions 9 and 10 as
 added by chapter 37 of the laws of 2019 and paragraph (a) of subdivision
 12 as amended by section 1 of part YYY of chapter  58  of  the  laws  of
 2020, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07825-01-3
              

 S. 3270                             2
 
 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, as necessary for an individual  seeking  acceptance  into  a
 trusted  traveler  program,  or  to  facilitate  vehicle  imports and/or
 exports, 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, informing 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 chapter 37 of the laws of 2019, 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 immediately.