Assembly Bill A8516

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8516
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred 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.
                                                            LBD09445-01-5
              

 A. 8516                             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] THEY MAINTAIN, 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 UNLESS PROHIBITED BY A LAWFUL COURT
 ORDER OR JUDICIAL WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO  ARTI-
 CLE 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.