Senate Bill S10729

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10729
 
                             I N  S E N A T E
 
                             October 28, 2026
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  allowing
   drivers  to contest license revocations, suspensions, and other penal-
   ties based on cases of mistaken identity and require identity  verifi-
   cation prior to adverse administrative action

   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  as  the  "Mistaken  Identity
 Prevention Act."
   §  2.  The  vehicle and traffic law is amended by adding a new section
 229 to read as follows:
   § 229. IDENTITY VERIFICATION. 1. AS USED IN THIS SECTION:
   (A) "COVERED RECORD" MEANS ANY CONVICTION, JUDGMENT, ORDER, VIOLATION,
 OR OTHER RECORD RELIED UPON BY THE DEPARTMENT IN TAKING OR PROPOSING  AN
 ADVERSE ADMINISTRATIVE ACTION AGAINST AN INDIVIDUAL.
   (B)  "ADVERSE ADMINISTRATIVE ACTION" MEANS ANY SUSPENSION, REVOCATION,
 CANCELLATION, DENIAL,  OR  OTHER  RESTRICTION  OF  A  DRIVER'S  LICENSE,
 LEARNER'S PERMIT, REGISTRATION, OR PRIVILEGE TO OPERATE A MOTOR VEHICLE,
 OR THE IMPOSITION OR ENFORCEMENT OF A CIVIL PENALTY.
   (C) "THREE-POINT IDENTITY MATCH" MEANS VERIFICATION OF AN INDIVIDUAL'S
 IDENTITY THROUGH THE INDIVIDUAL'S FULL LEGAL NAME AND AT LEAST TWO ADDI-
 TIONAL  INDEPENDENT  IDENTIFIERS,  INCLUDING  BUT NOT LIMITED TO DATE OF
 BIRTH,  SOCIAL  SECURITY  NUMBER,  DRIVER'S  LICENSE  OR  IDENTIFICATION
 NUMBER,  SUBJECT TO DOCUMENTED AND VERIFIED VARIATIONS ATTRIBUTABLE TO A
 LAWFUL NAME CHANGE, CLERICAL ERROR,  OR  OTHER  OBJECTIVELY  ESTABLISHED
 CIRCUMSTANCE.
   2.  (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE DEPARTMENT
 SHALL NOT RELY UPON A COVERED RECORD TO IMPOSE OR  MAINTAIN  AN  ADVERSE
 ADMINISTRATIVE ACTION AGAINST AN INDIVIDUAL UNLESS THE DEPARTMENT ESTAB-
 LISHES  A  THREE-POINT  IDENTITY  MATCH  BETWEEN SUCH INDIVIDUAL AND THE
 PERSON IDENTIFIED IN SUCH RECORD. IN ESTABLISHING A THREE-POINT IDENTITY
 MATCH, THE DEPARTMENT SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16416-02-6
              

 S. 10729                            2
 
   (I) VERIFY THE INDIVIDUAL'S FULL LEGAL NAME, INCLUDING ANY  DOCUMENTED
 FORMER  OR ALTERNATE LEGAL NAME, AND AT LEAST TWO ADDITIONAL INDEPENDENT
 IDENTIFYING DATA POINTS AGAINST THE UNDERLYING SOURCE  RECORD  OR  OTHER
 RELIABLE, INDEPENDENTLY VERIFIABLE RECORDS;
   (II)  ENSURE THAT EACH IDENTIFYING DATA POINT RELIED UPON IS ATTRIBUT-
 ABLE TO THE INDIVIDUAL AND TO  THE  PERSON  IDENTIFIED  IN  THE  COVERED
 RECORD;
   (III) DOCUMENT THE IDENTIFYING DATA POINTS RELIED UPON AND THE RECORDS
 USED TO VERIFY EACH SUCH DATA POINT; AND
   (IV)  NOT  TREAT THE ABSENCE OF AN IDENTIFYING DATA POINT IN AN INCOM-
 PLETE, ILLEGIBLE OR UNAVAILABLE SOURCE RECORD AS EVIDENCE THAT THE INDI-
 VIDUAL IS THE PERSON IDENTIFIED IN SUCH RECORD.
   (B) A MATCH BASED SOLELY UPON A PERSON'S NAME, OR UPON A NAME AND  ONE
 ADDITIONAL IDENTIFYING DATA POINT, SHALL NOT SATISFY THE REQUIREMENTS OF
 THIS  SUBDIVISION.  WHERE THE DEPARTMENT IS UNABLE TO ESTABLISH A THREE-
 POINT IDENTITY MATCH, IT SHALL NOT IMPOSE OR MAINTAIN AN ADVERSE  ADMIN-
 ISTRATIVE ACTION AGAINST THE INDIVIDUAL BASED UPON SUCH COVERED RECORD.
   3.  IN  ANY PROCEEDING WHERE AN ADVERSE ADMINISTRATIVE ACTION IS BASED
 UPON A COVERED RECORD, THE DEPARTMENT SHALL BEAR THE  BURDEN  OF  ESTAB-
 LISHING  THAT  THE  RECORD  PERTAINS  TO THE INDIVIDUAL AGAINST WHOM THE
 ACTION IS PROPOSED OR BEING CONSIDERED. NO PRESUMPTION THAT THE  COVERED
 RECORD PERTAINS TO THE INDIVIDUAL SHALL BE BASED SOLELY FROM THE COVERED
 RECORD BEARING THE SAME OR A SUBSTANTIALLY SIMILAR NAME AS THAT INDIVID-
 UAL. THE DEPARTMENT'S BURDEN UNDER THIS SECTION SHALL INCLUDE ESTABLISH-
 ING  A  THREE-POINT IDENTITY MATCH IN ACCORDANCE WITH SUBDIVISION TWO OF
 THIS SECTION. THE INDIVIDUAL SHALL NOT BE REQUIRED TO ESTABLISH THAT THE
 COVERED RECORD PERTAINS TO ANOTHER PERSON IN ORDER TO CONTEST THE  IDEN-
 TITY MATCH.
   4. BEFORE TAKING AN ADVERSE ADMINISTRATIVE ACTION BASED UPON A COVERED
 RECORD,  THE  DEPARTMENT  SHALL  PROVIDE  WRITTEN NOTICE TO THE AFFECTED
 INDIVIDUAL, IDENTIFYING THE RECORD, THE NATURE OF THE  PROPOSED  ADVERSE
 ADMINISTRATIVE  ACTION,  AND  THE  PROCEDURE FOR CONTESTING THE IDENTITY
 MATCH. UPON REQUEST, THE DEPARTMENT SHALL PROVIDE  THE  INDIVIDUAL  WITH
 ACCESS  TO  THE  NONCONFIDENTIAL  IDENTIFYING INFORMATION AND SUPPORTING
 DOCUMENTATION RELIED UPON TO ESTABLISH THE THREE-POINT  IDENTITY  MATCH,
 SUBJECT  TO  APPLICABLE  PRIVACY  AND CONFIDENTIALITY LAWS. THE AFFECTED
 INDIVIDUAL SHALL BE AFFORDED A REASONABLE  OPPORTUNITY  TO  CONTEST  THE
 IDENTITY  MATCH  AND  SUBMIT  INFORMATION DEMONSTRATING THAT THE COVERED
 RECORD DOES NOT PERTAIN TO SUCH INDIVIDUAL. THE DEPARTMENT SHALL CONSID-
 ER ANY SUCH INFORMATION BEFORE MAKING A FINAL DETERMINATION TO IMPOSE OR
 MAINTAIN THE ADVERSE ADMINISTRATIVE ACTION.
   5. (A) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  CHAPTER,  UPON
 RECEIPT  BY  THE  COMMISSIONER  OF  A SWORN AFFIDAVIT FROM AN INDIVIDUAL
 ASSERTING THAT A COVERED RECORD RELIED UPON BY THE  DEPARTMENT  PERTAINS
 TO  ANOTHER  PERSON, THE COMMISSIONER SHALL IMMEDIATELY STAY ANY SUSPEN-
 SION, REVOCATION, CANCELLATION, OR OTHER ADVERSE  ADMINISTRATIVE  ACTION
 BASED  UPON  SUCH  RECORD,  PENDING  RESOLUTION  OF THE IDENTITY DISPUTE
 PURSUANT TO THIS SUBDIVISION.
   (B) THE AFFIDAVIT SHALL IDENTIFY, TO THE EXTENT  REASONABLY  KNOWN  TO
 THE AFFIANT, THE DISPUTED RECORD AND THE BASIS FOR THE CLAIM OF MISTAKEN
 IDENTITY.  THE  COMMISSIONER  MAY  PRESCRIBE  A FORM FOR SUCH AFFIDAVIT,
 PROVIDED THAT THE FORM SHALL NOT REQUIRE THE AFFIANT TO PRODUCE DOCUMEN-
 TATION THAT IS NOT REASONABLY AVAILABLE TO THE AFFIANT AS A CONDITION OF
 OBTAINING THE STAY.
   (C) WHERE THE ADVERSE ADMINISTRATIVE ACTION HAS NOT YET TAKEN  EFFECT,
 THE  ACTION  SHALL NOT TAKE EFFECT WHILE THE STAY IS IN FORCE. WHERE THE
 S. 10729                            3

 ACTION HAS ALREADY TAKEN EFFECT, THE COMMISSIONER SHALL PROMPTLY RESTORE
 THE AFFECTED LICENSE, REGISTRATION, OR PRIVILEGE TO THE STATUS  EXISTING
 IMMEDIATELY  BEFORE  SUCH ACTION, TO THE EXTENT THE ACTION IS BASED UPON
 THE DISPUTED COVERED RECORD.
   (D) WITHIN THIRTY DAYS AFTER RECEIPT OF THE AFFIDAVIT, THE COMMISSION-
 ER  SHALL  REVIEW  THE  CLAIM  AND  DETERMINE WHETHER THE DEPARTMENT CAN
 ESTABLISH THE IDENTITY MATCH REQUIRED BY THIS SECTION. THE  COMMISSIONER
 MAY  EXTEND  SUCH PERIOD ONCE, FOR NOT MORE THAN THIRTY ADDITIONAL DAYS,
 UPON WRITTEN NOTICE TO THE AFFIANT STATING THE  SPECIFIC  REASONS  ADDI-
 TIONAL TIME IS NECESSARY.
   (E)  THE  STAY  SHALL REMAIN IN EFFECT UNTIL THE COMMISSIONER ISSUES A
 WRITTEN DETERMINATION RESOLVING THE IDENTITY DISPUTE. IF THE COMMISSION-
 ER FAILS TO ISSUE A DETERMINATION WITHIN THE PERIOD PRESCRIBED BY  PARA-
 GRAPH  (D) OF THIS SUBDIVISION, THE STAY SHALL CONTINUE UNTIL A DETERMI-
 NATION IS ISSUED.
   (F) THE COMMISSIONER SHALL PROVIDE THE AFFIANT WITH WRITTEN NOTICE  OF
 THE  DETERMINATION,  INCLUDING  THE  REASONS  THEREFOR AND NOTICE OF ANY
 AVAILABLE ADMINISTRATIVE APPEAL. ANY DETERMINATION ADVERSE TO THE  AFFI-
 ANT  SHALL  IDENTIFY  THE  EVIDENCE  ESTABLISHING THE IDENTITY MATCH AND
 SHALL BE SUBJECT TO REVIEW PURSUANT TO APPLICABLE LAW.
   (G) A STAY UNDER THIS SUBDIVISION SHALL NOT PREVENT  THE  COMMISSIONER
 FROM  TAKING  ACTION  BASED  UPON  AN INDEPENDENT AND LEGALLY SUFFICIENT
 GROUND UNRELATED TO THE DISPUTED COVERED RECORD.
   (H) NO INDIVIDUAL SHALL BE SUBJECT TO  A  CIVIL  OR  CRIMINAL  PENALTY
 SOLELY  FOR OPERATING A MOTOR VEHICLE DURING A PERIOD IN WHICH THE INDI-
 VIDUAL'S LICENSE OR PRIVILEGE HAS BEEN RESTORED PURSUANT TO THIS  SUBDI-
 VISION,  PROVIDED THAT SUCH INDIVIDUAL IS OTHERWISE DULY LICENSED AND NO
 OTHER LAWFUL SUSPENSION OR REVOCATION IS IN EFFECT.
   6. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY  TO
 IMPLEMENT  THIS  SECTION,  INCLUDING  PROCEDURES  FOR THE SUBMISSION AND
 REVIEW OF AFFIDAVITS AND THE CORRECTION OF ERRONEOUS RECORDS.
   § 3. This act shall take effect January 1, 2028.