Senate Bill S4736

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4736
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 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.
                                                            LBD09445-01-5
              

 S. 4736                             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.