Bill Text: NY A05395 | 2023-2024 | General Assembly | Introduced
Bill Title: Repeals the driver's license access and privacy act.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2024-04-09 - held for consideration in transportation [A05395 Detail]
Download: New_York-2023-A05395-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5395 2023-2024 Regular Sessions IN ASSEMBLY March 10, 2023 ___________ Introduced by M. of A. BRABENEC -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to repealing the driver's license access and privacy act; to repeal certain provisions of such law relating thereto; and to repeal section 7 of chapter 39 of the laws of 2019, amending the vehicle and traffic law relating to the issuance of non-commercial drivers' licenses and lear- ners' permits; and to repeal subdivision 1 of section 502 of the vehi- cle and traffic law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 8, 9, 10, 11, and 12 of section 201 of the 2 vehicle and traffic law are REPEALED. 3 § 2. Subdivision 1 of section 502 of the vehicle and traffic law is 4 REPEALED and a new subdivision 1 is added to read as follows: 5 1. Application for license. Application for a driver's license shall 6 be made to the commissioner. The fee prescribed by law may be submitted 7 with such application. The applicant shall furnish such proof of identi- 8 ty, age, and fitness as may be required by the commissioner. The 9 commissioner may also provide that the application procedure shall 10 include the taking of a photo image or images of the applicant in 11 accordance with rules and regulations prescribed by the commissioner. In 12 addition, the commissioner also shall require that the applicant provide 13 his or her social security number and shall provide space on the appli- 14 cation so that the applicant may register in the New York state organ 15 and tissue donor registry under section forty-three hundred ten of the 16 public health law with the following stated on the application in clear 17 and conspicuous type: 18 "You must fill out the following section: Would you like to be added 19 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 20 tion'." EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08904-01-3A. 5395 2 1 The commissioner of health shall not maintain records of any person 2 who checks "skip this question". Except where the application is made in 3 person or electronically, failure to check a box shall not impair the 4 validity of an application, and failure to check "yes" or checking "skip 5 this question" shall not be construed to imply a wish not to donate. In 6 the case of an applicant under eighteen years of age, checking "yes" 7 shall not constitute consent to make an anatomical gift or registration 8 in the donate life registry, except as otherwise provided pursuant to 9 the provisions of paragraph (b) of subdivision one of section forty- 10 three hundred one of the public health law. Where an applicant has 11 previously consented to make an anatomical gift or registered in the 12 donate life registry, checking "skip this question" or failing to check 13 a box shall not impair that consent or registration. In addition, an 14 applicant for a commercial driver's license who will operate a commer- 15 cial motor vehicle in interstate commerce shall certify that such appli- 16 cant meets the requirements to operate a commercial motor vehicle, as 17 set forth in public law 99-570, title XII, and title 49 of the code of 18 federal regulations, and all regulations promulgated by the United 19 States secretary of transportation under the hazardous materials trans- 20 portation act. In addition, an applicant for a commercial driver's 21 license shall submit a medical certificate at such intervals as required 22 by the federal motor carrier safety improvement act of 1999 and Part 23 383.71(h) of title 49 of the code of federal regulations relating to 24 medical certification and in a manner prescribed by the commissioner. 25 For purposes of this section and sections five hundred three, five 26 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 27 certificate" and "medical certification" shall mean a form substantially 28 in compliance with the form set forth in Part 391.43(h) of title 49 of 29 the code of federal regulations. Upon a determination that the holder of 30 a commercial driver's license has made any false statement, with respect 31 to the application for such license, the commissioner shall revoke such 32 license. 33 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 34 traffic law, as amended by chapter 37 of the laws of 2019, is amended to 35 read as follows: 36 (a) A license issued pursuant to subdivision five of this section 37 shall be valid until the expiration date contained thereon, unless such 38 license is suspended, revoked or cancelled. Such license may be renewed 39 by submission of an application for renewal, the fee prescribed by law, 40 proofs of prior licensing, fitness and acceptable vision prescribed by 41 the commissioner, the applicant's social security number [or, in lieu42thereof, with respect to an application for a non-commercial driver's43license or learner's permit which does not meet federal standards for44identification, an affidavit signed by such applicant that they have not45been issued a social security number], and if required by the commis- 46 sioner, a photo image of the applicant in such numbers and form as the 47 commissioner shall prescribe. In addition, an applicant for renewal of a 48 license containing a hazardous material endorsement shall pass an exam- 49 ination to retain such endorsement. The commissioner shall, with respect 50 to the renewal of a hazardous materials endorsement, comply with the 51 requirements imposed upon states by sections 383.141 and 1572.13 of 52 title 49 of the code of federal regulations. A renewal of such license 53 shall be issued by the commissioner upon approval of such application, 54 except that no such license shall be issued if its issuance would be 55 inconsistent with the provisions of section five hundred sixteen of this 56 title, and except that the commissioner may refuse to renew such licenseA. 5395 3 1 if the applicant is the holder of a currently valid or renewable license 2 to drive issued by another state or foreign country unless the applicant 3 surrenders such license. 4 § 4. Subdivisions 7 and 8 of section 502 of the vehicle and traffic 5 law are REPEALED and a new subdivision 7 is added to read as follows: 6 7. Compliance with selective service act required. (a) All persons who 7 are at least eighteen years of age but less than twenty-six years of age 8 who apply to the commissioner for a learner's permit, driver's license, 9 renewal of license, or non-driver's identification card, shall either: 10 (i) be in compliance with the requirements of the military selective 11 service act as provided for pursuant to 50 U.S.C. App 451 et. seq., as 12 amended, or (ii) consent to permit the commissioner to forward such 13 information as is required to register such individual with the selec- 14 tive service system, if such individual must be registered pursuant to 15 such act. 16 (b) The commissioner shall forward in an electronic format the neces- 17 sary personal information required for registration of such individuals 18 specified in paragraph (a) of this subdivision with the selective 19 service system. Such individual's application to the commissioner for a 20 learner's permit, driver's license, renewal of license or non-driver's 21 identification card shall serve as an indication that the applicant has 22 already registered with the military selective service act or that such 23 individual is authorizing the commissioner to forward to the selective 24 service system the necessary information for such selective service 25 registration. The commissioner shall notify such applicants on the 26 application form that any application for a learner's permit, driver's 27 license, renewal of license or non-driver's identification card shall 28 serve as consent to be registered with the selective service system, if 29 so required by federal law. 30 § 5. Subdivisions 2 and 3 of section 508 of the vehicle and traffic 31 law, as amended by chapter 37 of the laws of 2019, are amended to read 32 as follows: 33 2. Any application required to be filed under this article shall be in 34 a manner and on a form or forms prescribed by the commissioner. The 35 applicant shall furnish all information required by statute and[, except36as otherwise provided in this title,] such other information as the 37 commissioner shall deem appropriate. 38 3. License record. The commissioner shall keep a record of every 39 license issued which record shall be open to public inspection during 40 reasonable business hours. [Provided, however, that the following infor-41mation whenever contained within the record of non-commercial drivers'42licenses and learners' permits shall not be open to public inspection:43the photo image, social security number, client identification number,44name, address, telephone number, place of birth, country of origin,45place of employment, school or educational institution attended, source46of income, status as a recipient of public benefits, the customer iden-47tification number associated with a public utilities account, medical48information or disability information of any holders of, or applicants49for, such licenses and permits, and whether such licenses or permits50meet federal standards for identification or do not meet federal stand-51ards for identification.] Neither the commissioner nor his agent shall 52 be required to allow the inspection of an application, or to furnish a 53 copy thereof, or information therefrom, until a license has been issued 54 thereon.A. 5395 4 1 § 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle 2 and traffic law relating to the issuance of non-commercial drivers' 3 licenses and learners' permits, is REPEALED. 4 § 7. This act shall take effect immediately. Effective immediately, 5 the addition, amendment and/or repeal of any rule or regulation neces- 6 sary for the implementation of this act on its effective date are 7 authorized to be made and completed on or before such date.
