S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8680
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 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 authorizing
   the department of motor vehicles to issue standard drivers'  licenses;
   and  to  repeal subdivisions 1 and 7 of section 502 of the vehicle and
   traffic law relating thereto

   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 and may be cited as the "driver's
 license access and privacy act".
   § 2. Section 201 of the vehicle and traffic law, as added  by  chapter
 380  of the laws of 1980, paragraph (b) of subdivision 1 and subdivision
 2 as amended by chapter 568 of the laws of 1994, paragraph (f) of subdi-
 vision 1 as amended by chapter 550 of the laws of 1992, paragraph (i) of
 subdivision 1 as amended by section 2 of part E of  chapter  60  of  the
 laws of 2005, item 1 of clause (A) of subparagraph (ii) of paragraph (i)
 of  subdivision 1 as amended by section 1 of part I of chapter 58 of the
 laws of 2015, item 2 of clause (A) of subparagraph (ii) of paragraph (i)
 of subdivision 1 as amended by section 1 of part K of chapter 59 of  the
 laws  of 2009, paragraph (j) of subdivision 1 as added by chapter 448 of
 the laws of 1995, paragraph (k) of subdivision 1 as amended  by  chapter
 391  of the laws of 1998, subdivision 5 as amended by chapter 196 of the
 laws of 1996, subdivision 6 as amended by chapter 432  of  the  laws  of
 1997,  and subdivision 7 as added by chapter 978 of the laws of 1984, is
 amended to read as follows:
   § 201. Custody of records. 1. Documents. The commissioner may destroy:
   (a) any application, including supporting documents, for  registration
 and/or  title  of  a motor vehicle or trailer, other than an application
 for renewal of registration, or any notice of a lien on a motor  vehicle
 or  trailer, after such application shall have been on file for a period
 of five years;
   (b) any application for renewal of a registration which results in the
 issuance of a registration renewal of any motor vehicle or trailer, upon
 entry of an electronic record of renewal on the files;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14471-02-8

 S. 8680                             2
 
   (c) any application for a FEDERAL-PURPOSE driver's license,  including
 any  document required to be filed with any such application, after such
 application shall have been on file for a period of five years;
   (d)  ANY  APPLICATION  FOR  A STANDARD DRIVER'S LICENSE, INCLUDING ANY
 DOCUMENT REQUIRED TO BE FILED WITH SUCH APPLICATION, AFTER THE  APPLICA-
 TION  HAS  BEEN  REVIEWED,  PROVIDED THAT SUCH APPLICATION AND DOCUMENTS
 SHALL BE DESTROYED AFTER HAVING BEEN ON FILE FOR A PERIOD OF SIX MONTHS;
   (E) any application, including supporting documents, for the registra-
 tion, other than a renewal of a registration, of a snowmobile after such
 application shall have been on file for a period of two years;
   [(e)] (F) any application for renewal of a registration which  results
 in  the  issuance of a registration renewal for any snowmobile, upon the
 expiration of the registration renewal issued;
   [(f)] (G) any application, including supporting documents, for  regis-
 tration  and/or  title  of  a  motorboat,  other than an application for
 renewal of registration, or any notice of a lien on  a  motorboat  after
 such application shall have been on file for a period of four years;
   [(g)]  (H) any application for renewal of a registration which results
 in the issuance of a registration renewal for any  motorboat,  upon  the
 expiration of the registration renewal issued;
   [(h)]  (I) any application, including supporting documents relating to
 ownership, for any other registration,  license  or  certificate  issued
 under  this  chapter and not specifically otherwise provided for in this
 subdivision, after such application shall have been on file for a period
 of five years;
   [(i)] (J) (i)  any  accident  reports  filed  with  the  commissioner,
 conviction  certificates, police reports, complaints, satisfied judgment
 records, closed suspension and revocation orders, hearing records, other
 than audio  tape  recordings  of  hearings,  significant  correspondence
 relating  to any of the same, and any other record on file after remain-
 ing on file for  four  years  except  that  if  the  commissioner  shall
 receive,  during  the  last  year  of such period of four years, written
 notice to retain one or more of such papers or documents, the same shall
 be retained for another four years in addition to said  period  of  four
 years.  The provisions of this paragraph shall not apply to certificates
 of conviction filed with respect to convictions which affect  sentencing
 or  administrative  action required by law beyond such four year period.
 Such certificates may be destroyed after they have no  legal  effect  on
 sentencing or administrative action;
   (ii)(A)  Notwithstanding  the  provisions  of subparagraph (i) of this
 paragraph, the commissioner may destroy any conviction certificates  and
 closed suspension and revocation orders after remaining on file for:
   (1) fifty-five years where the conviction and suspension or revocation
 order relates to a conviction, suspension or revocation by the holder of
 any  driver's  license  when  operating  a  commercial motor vehicle, as
 defined in subdivision four of section five hundred one-a of this  chap-
 ter,  or  by  the  holder of a commercial driver's license or commercial
 learner's permit when operating any motor vehicle, who: has  refused  to
 submit to a chemical test pursuant to section eleven hundred ninety-four
 of  this chapter or has been convicted of any of the following offenses:
 any violation of subdivision  two,  two-a,  three,  four  or  four-a  of
 section  eleven  hundred  ninety-two  of  this chapter, any violation of
 subdivision one or two of section six hundred of this chapter, any felo-
 ny involving the use of a motor vehicle, other than the use of  a  motor
 vehicle  in the commission of a felony involving manufacturing, distrib-
 uting, dispensing a controlled substance; or the conviction,  suspension

 S. 8680                             3
 
 or  revocation  involves any of the following offenses while operating a
 commercial motor vehicle: any violation of subdivision five  or  six  of
 section  eleven hundred ninety-two of this chapter, driving a commercial
 motor vehicle when as a result of prior violations committed while oper-
 ating  a  commercial  motor  vehicle,  the  driver's commercial driver's
 license or commercial learner's permit is suspended or revoked,  or  has
 been  convicted of causing a fatality through the negligent operation of
 a commercial motor vehicle, including but not limited to the  crimes  of
 vehicular manslaughter and criminally negligent homicide as set forth in
 article one hundred twenty-five of the penal law;
   (2)  fifteen  years  for violating an out of service order as provided
 for in the rules and regulations of  the  department  of  transportation
 while operating a commercial motor vehicle.
   (B)  Any  conviction  arising out of the use of a motor vehicle in the
 commission  of  a  felony  involving  manufacturing,  distributing,   or
 dispensing a controlled substance shall never be destroyed.
   (C)  The  provisions  of this subparagraph shall only apply to records
 requested by a state, the United States secretary of transportation, the
 person who is the subject of the record, or a motor carrier who  employs
 or  who  prospectively  may  employ the person who is the subject of the
 record.
   [(j) audio tape recordings of hearings, two years after such  hearing;
 provided,  however, that audio tape recordings of hearings held pursuant
 to section two hundred twenty-seven of this  chapter  may  be  destroyed
 ninety  days  after  a determination has been made as prescribed in such
 section.]
   (k) any records, including any reproductions or electronically created
 images of such records and including any records received by the commis-
 sioner from a court pursuant to paragraph  (c)  of  subdivision  ten  of
 section   eleven   hundred   ninety-two   of  this  chapter  or  section
 forty-nine-b of the navigation law, relating to a finding of a violation
 of section eleven hundred ninety-two-a of this chapter or  a  waiver  of
 the  right  to  a  hearing under section eleven hundred ninety-four-a of
 this chapter or a finding of a refusal  following  a  hearing  conducted
 pursuant to subdivision three of section eleven hundred ninety-four-a of
 this  chapter or a finding of a violation of section forty-nine-b of the
 navigation law or a waiver of the right to a hearing  or  a  finding  of
 refusal  following  a  hearing conducted pursuant to such section, after
 remaining on file for three years after such finding or  entry  of  such
 waiver  or  refusal  or  until the person that is found to have violated
 such section reaches the age of twenty-one,  whichever  is  the  greater
 period  of  time.  Upon  the expiration of the period for destruction of
 records pursuant to this paragraph,  the  entirety  of  the  proceedings
 concerning  the  violation  or  alleged violation of such section eleven
 hundred ninety-two-a of this chapter or such section forty-nine-b of the
 navigation law, from the initial stop and detention of the  operator  to
 the  entering  of  a finding and imposition of sanctions pursuant to any
 subdivision of section eleven hundred ninety-four-a of this  chapter  or
 of section forty-nine-b of the navigation law shall be deemed a nullity,
 and  the  operator  shall  be  restored, in contemplation of law, to the
 status he occupied before the initial stop and prosecution[.]; AND
   (L) AUDIO TAPE RECORDINGS OF HEARINGS, TWO YEARS AFTER  SUCH  HEARING;
 PROVIDED,  HOWEVER, THAT AUDIO TAPE RECORDINGS OF HEARINGS HELD PURSUANT
 TO SECTION TWO HUNDRED TWENTY-SEVEN OF THIS TITLE MAY BE DESTROYED NINE-
 TY DAYS AFTER A DETERMINATION  HAS  BEEN  MADE  AS  PRESCRIBED  IN  SUCH
 SECTION.

 S. 8680                             4
 
   2. Reproduction of documents by commissioner. The provisions of subdi-
 vision  one  of  this  section  shall  not prevent the commissioner from
 reproducing a copy of any document specified in that subdivision or from
 electronically creating and storing an image of any documents maintained
 by  the  department. Such image or reproduction may be designated as the
 official departmental record. The original  document  may  be  destroyed
 after  such  reproduction  or  image  has  been  made  and filed and the
 destruction of the reproduction  or  image  shall  be  governed  by  the
 provisions of subdivision one of this section.
   3.  Electronically  or mechanically stored records. Any electronically
 or mechanically stored record relating to:
   (a) certificates of title shall be retained  for  a  period  of  seven
 years  from  the  date  of  the issuance of the title plus an additional
 three consecutive years of inactivity regarding the titled vehicle;
   (b) liens and satisfaction of liens shall be  retained  for  one  year
 from the date of satisfaction;
   (c)  renewal of the registration of any motor vehicle or trailer shall
 be retained for a period of one year from the date of expiration of  the
 registration issued;
   (d)  FEDERAL-PURPOSE  driver's licenses shall be retained for a period
 of two years from the date of expiration of the  last  driver's  license
 issued;
   (e) STANDARD DRIVER'S LICENSE MAY BE RETAINED ONLY FOR A PERIOD OF TWO
 YEARS FROM THE DATE OF EXPIRATION OF THE LAST DRIVER'S LICENSE ISSUED;
   (F)  registrations,  licenses,  or certificates not otherwise provided
 for in this subdivision shall be retained for a period of one year  from
 the date of expiration of the last registration, license or certificate;
   [(f)]  (G)  documents  specified in paragraph [(i)] (J) of subdivision
 one of this section shall be retained until the document itself  may  be
 destroyed.
   4.  Whenever  any  document  referred  to  in  subdivision one of this
 section shall have been destroyed, a document produced from the  surviv-
 ing  electronically  or mechanically stored data record shall be consid-
 ered the original record of such document.
   5. Whenever any document  referred  to  in  subdivision  one  of  this
 section  or any record retained in subdivision three of this section has
 been retained beyond the required retention period of such  document  or
 record, the document or record shall not be a public record; and, to the
 extent that any document referred to in paragraph (k) of subdivision one
 of  this  section  has  not  been  destroyed  at  the  expiration of the
 retention period set  forth  therein,  such  document  shall  be  deemed
 destroyed as a matter of law for all purposes upon the expiration of the
 retention period.
   6.  Whenever  any  document  referred  to  in  subdivision one of this
 section is filed with this department when it  is  not  required  to  be
 filed  and  is used by this department for no other purposes, other than
 for statistics or research, the document shall not be a  public  record.
 Provided,  however,  that  an accident report filed with this department
 when it is not required to be filed shall not be a public record  except
 as  follows:   for use by the state or any political subdivision thereof
 for no other purposes other than for statistics or research relating  to
 highway  safety;  for any lawful purpose by a person to whom such report
 pertains or named in such report, or his  or  her  authorized  represen-
 tative;  and,  for  use  by  any  other person, or his or her authorized
 representative, who has demonstrated to the satisfaction of the  commis-

 S. 8680                             5
 
 sioner  that  such person is or may be a party to a civil action arising
 out of the conduct described in such accident report.
   7. Where a judge or magistrate reports a license suspension or revoca-
 tion  to  the commissioner, following a youthful offender determination,
 as is required by section five hundred thirteen  of  this  chapter,  the
 commissioner shall not make available the finding of the court of youth-
 ful offender status to any person, or public or private agency.
   8. ANY PORTION OF ANY RECORD RETAINED BY THE COMMISSIONER THAT IDENTI-
 FIES A PERSON'S SOCIAL SECURITY NUMBER, ADDRESS, PLACE OF BIRTH, COUNTRY
 OF  ORIGIN,  PLACE  OF  EMPLOYMENT,  SCHOOL  OR  EDUCATIONAL INSTITUTION
 ATTENDED, SOURCE OF INCOME, STATUS AS A RECIPIENT OF PUBLIC BENEFITS, OR
 THE CUSTOMER IDENTIFICATION NUMBER ASSOCIATED WITH  A  PUBLIC  UTILITIES
 ACCOUNT IS NOT A PUBLIC RECORD AND SHALL NOT BE DISCLOSED IN RESPONSE TO
 ANY  REQUEST  FOR  RECORDS  EXCEPT  WHERE  EXPRESSLY  AUTHORIZED BY THIS
 SECTION.
   9.  THE  COMMISSIONER  SHALL  NOT  DISCLOSE  RECORDS  OR   INFORMATION
 COLLECTED  FROM DRIVER'S LICENSE OR LEARNER'S PERMIT APPLICANTS OR HOLD-
 ERS TO ANY LAW ENFORCEMENT AGENCY ABSENT A JUDICIAL SUBPOENA OR JUDICIAL
 WARRANT THAT NAMES  THE  INDIVIDUAL  WHOSE  INFORMATION  IS  SOUGHT.  IF
 PRESENTED  WITH  A  JUDICIAL  SUBPOENA  OR  JUDICIAL WARRANT, ONLY THOSE
 RECORDS OR  INFORMATION  SPECIFICALLY  IDENTIFIED  IN  THE  SUBPOENA  OR
 WARRANT MAY BE DISCLOSED.
   10.  THE  COMMISSIONER SHALL NOT PERMIT ANY THIRD PARTY, INCLUDING ANY
 LAW ENFORCEMENT AGENCY, TO HAVE DIRECT PHYSICAL OR ELECTRONIC ACCESS  TO
 ANY DATABASES OR INDEXES MAINTAINED BY THE DEPARTMENT.
   11.  THE  COMMISSIONER  SHALL  PROVIDE NOTICE TO EACH INDIVIDUAL WHOSE
 INFORMATION IS REQUESTED BY ANY THIRD PARTY, INCLUDING LAW  ENFORCEMENT.
 SUCH NOTICE SHALL INCLUDE THE IDENTITY OF THE PERSON OR AGENCY THAT MADE
 THE REQUEST.
   12.  ANY  DATABASES OR INDEXES MAINTAINED BY THE COMMISSIONER OF DRIV-
 ER'S LICENSE APPLICANTS OR HOLDERS SHALL  NOT  INCLUDE  AN  INDIVIDUAL'S
 SOCIAL  SECURITY  NUMBER  OR  WHETHER THE APPLICANT OR HOLDER PROVIDED A
 SOCIAL SECURITY NUMBER, AND SHALL NOT  IDENTIFY  WHETHER  AN  INDIVIDUAL
 HOLDS A STANDARD OR FEDERAL-PURPOSE DRIVER'S LICENSE.
   §  3.  Subparagraphs  (iv), (vi), (vii) and (viii) of paragraph (a) of
 subdivision 2 and paragraph (a) of subdivision 5 of section 501  of  the
 vehicle  and  traffic law, subparagraphs (vi), (vii) and (viii) of para-
 graph (a) of subdivision 2 as added by chapter 173 of the laws of  1990,
 subparagraph  (iv) of paragraph (a) of subdivision 2 as amended by chap-
 ter 339 of the laws of 2005, paragraph (a) of subdivision 5  as  amended
 by  chapter  692 of the laws of 1985, and subparagraph (ii) of paragraph
 (a) of subdivision 5 as amended by chapter 644 of the laws of 2002,  are
 amended to read as follows:
   (iv)  Class D. Such license shall be valid to operate any passenger or
 limited use automobile or any truck with a GVWR of not more  than  twen-
 ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
 of not more than ten thousand pounds, or any such vehicle towing another
 vehicle with a GVWR of more  than  ten  thousand  pounds  provided  such
 combination  of vehicles has a GCWR of not more than twenty-six thousand
 pounds, or any personal use vehicle with a GVWR of not more  than  twen-
 ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
 of not more than ten thousand pounds, except it shall not  be  valid  to
 operate  a  tractor,  a motorcycle other than a class B or C limited use
 motorcycle, a vehicle used to transport passengers for hire or for which
 a hazardous materials endorsement is required, or a vehicle defined as a
 bus in subdivision one of section five hundred  nine-a  of  this  title.

 S. 8680                             6
 
 SUCH  LICENSES  MAY BE ISSUED EITHER AS A STANDARD DRIVER'S LICENSE OR A
 FEDERAL-PURPOSE DRIVER'S LICENSE.
   (vi)  Class  DJ.  Such license shall be valid to operate only vehicles
 which may be operated with a class D license by a person under  eighteen
 years  of  age,  except it shall not be valid to operate a motor vehicle
 with an unladen weight or a GVWR of more than ten thousand pounds or any
 motor vehicle towing another vehicle with an unladen weight or  GVWR  of
 more than three thousand pounds. Such license shall automatically become
 a  class  D license when the holder becomes eighteen years of age.  SUCH
 LICENSES MAY BE ISSUED EITHER AS A STANDARD DRIVER'S LICENSE OR A FEDER-
 AL-PURPOSE DRIVER'S LICENSE.
   (vii) Class M. Such license shall be valid to operate any  motorcycle,
 or  any motorcycle, other than a limited use motorcycle, towing a trail-
 er.  SUCH LICENSES MAY BE ISSUED EITHER AS A STANDARD  DRIVER'S  LICENSE
 OR A FEDERAL-PURPOSE DRIVER'S LICENSE.
   (viii) Class MJ. Such license shall be valid to operate any motorcycle
 or  limited use motorcycle by a person under eighteen years of age. Such
 license shall automatically become a class M  license  when  the  holder
 becomes  eighteen years of age.  SUCH LICENSES MAY BE ISSUED EITHER AS A
 STANDARD DRIVER'S LICENSE OR A FEDERAL-PURPOSE DRIVER'S LICENSE.
   (a) The commissioner shall issue learner's permits as provided in this
 article.  SUCH PERMITS MAY BE ISSUED  EITHER  AS  A  STANDARD  LEARNER'S
 PERMIT  OR  A  FEDERAL-PURPOSE  LEARNER'S  PERMIT. Such permits shall be
 valid only:
   (i) for the operation of a motor vehicle of  a  type  which  could  be
 operated  by the holder of the class of license for which application is
 being made;
   (ii) when the holder is under the immediate supervision and control of
 a person at least twenty-one years of age who holds a license  valid  in
 this state for the operation of the type of vehicle being operated; and
   (iii) in accordance with any additional restrictions prescribed by the
 commissioner and noted on such permit.
   § 4. Section 501-a of the vehicle and traffic law is amended by adding
 three new subdivisions 9, 10 and 11 to read as follows:
   9.  STANDARD DRIVER'S LICENSE OR LEARNER'S PERMIT. A LICENSE OR PERMIT
 CARD THAT AUTHORIZES A PERSON TO OPERATE A MOTOR VEHICLE  AS  DETERMINED
 BY THE CLASS OF LICENSE.
   10. FEDERAL-PURPOSE DRIVER'S LICENSE OR LEARNER'S PERMIT. A LICENSE OR
 PERMIT  CARD  THAT  AUTHORIZES  A  PERSON  TO OPERATE A MOTOR VEHICLE AS
 DETERMINED BY THE CLASS OF LICENSE, AND WHICH IS INTENDED TO MEET FEDER-
 AL STANDARDS FOR IDENTIFICATION ACCEPTED BY THE FEDERAL GOVERNMENT.
   11. JUDICIAL WARRANT. A WARRANT BASED ON PROBABLE CAUSE AND ISSUED  BY
 A JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES CONSTITU-
 TION  OR  A  FEDERAL  MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC 631,
 THAT AUTHORIZES FEDERAL IMMIGRATION AUTHORITIES TO TAKE INTO CUSTODY THE
 PERSON WHO IS THE SUBJECT OF SUCH WARRANT.
   § 5. Subdivisions 1 and 7 of section 502 of the  vehicle  and  traffic
 law are REPEALED and a new subdivision 1 is added to read as follows:
   1. APPLICATION FOR LICENSE. APPLICATION FOR A FEDERAL-PURPOSE DRIVER'S
 LICENSE  SHALL BE MADE TO THE COMMISSIONER PURSUANT TO THIS SECTION. THE
 FEE PRESCRIBED BY LAW MAY BE SUBMITTED WITH SUCH APPLICATION. THE APPLI-
 CANT SHALL FURNISH SUCH PROOF OF IDENTITY, AGE, AND FITNESS  AS  MAY  BE
 REQUIRED  BY  THE COMMISSIONER. APPLICANTS WHO CANNOT PRESENT SUFFICIENT
 PROOF TO OBTAIN A FEDERAL-PURPOSE DRIVER'S  LICENSE  SHALL  BE  NOTIFIED
 THAT  THEY MAY BE ELIGIBLE FOR A STANDARD DRIVER'S LICENSE UNDER SECTION
 FIVE HUNDRED TWO-B OF THIS ARTICLE.  THE COMMISSIONER MAY  ALSO  PROVIDE

 S. 8680                             7
 
 THAT THE APPLICATION PROCEDURE SHALL INCLUDE THE TAKING OF A PHOTO IMAGE
 OR  IMAGES  OF  THE  APPLICANT  IN ACCORDANCE WITH RULES AND REGULATIONS
 PRESCRIBED BY THE COMMISSIONER. IN ADDITION, THE COMMISSIONER ALSO SHALL
 REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER SOCIAL SECURITY NUMBER AND
 SHALL  PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY REGIS-
 TER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER  SECTION
 FORTY-THREE  HUNDRED  TEN  OF  THE  PUBLIC HEALTH LAW WITH THE FOLLOWING
 STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
   "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
 TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
 TION'."
   THE COMMISSIONER OF HEALTH SHALL NOT MAINTAIN RECORDS  OF  ANY  PERSON
 WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
 PERSON  OR  ELECTRONICALLY,  FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE
 VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP
 THIS QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE.  IN
 THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS  OF  AGE,  CHECKING  "YES"
 SHALL  NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION
 IN THE DONATE LIFE REGISTRY, EXCEPT AS OTHERWISE  PROVIDED  PURSUANT  TO
 THE  PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-
 THREE HUNDRED ONE OF THE PUBLIC  HEALTH  LAW.  WHERE  AN  APPLICANT  HAS
 PREVIOUSLY  CONSENTED  TO  MAKE  AN ANATOMICAL GIFT OR REGISTERED IN THE
 DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO  CHECK
 A  BOX  SHALL  NOT  IMPAIR THAT CONSENT OR REGISTRATION. IN ADDITION, AN
 APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE  A  COMMER-
 CIAL MOTOR VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH APPLI-
 CANT  MEETS  THE  REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS
 SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE  CODE  OF
 FEDERAL  REGULATIONS,  AND  ALL  REGULATIONS  PROMULGATED  BY THE UNITED
 STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS  TRANS-
 PORTATION  ACT.  IN  ADDITION,  AN  APPLICANT  FOR A COMMERCIAL DRIVER'S
 LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED
 BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND  PART
 383.71(H)  OF  TITLE  49  OF THE CODE OF FEDERAL REGULATIONS RELATING TO
 MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED  BY  THE  COMMISSIONER.
 FOR  PURPOSES  OF  THIS  SECTION  AND  SECTIONS FIVE HUNDRED THREE, FIVE
 HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA OF THIS TITLE, THE TERMS "MEDICAL
 CERTIFICATE" AND "MEDICAL CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY
 IN COMPLIANCE WITH THE FORM SET FORTH IN PART 391.43(H) OF TITLE  49  OF
 THE CODE OF FEDERAL REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF
 A COMMERCIAL DRIVER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT
 TO  THE APPLICATION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH
 LICENSE.
   § 6. Subdivision 3, paragraph (a) of subdivision 5 and  paragraph  (a)
 of subdivision 6 of section 502 of the vehicle and traffic law, subdivi-
 sion  3  as  amended by chapter 97 of the laws of 2016, paragraph (a) of
 subdivision 5 as amended by chapter 138 of the laws of 1981,  and  para-
 graph  (a) of subdivision 6 as amended by section 3 of part K of chapter
 59 of the laws of 2009, are amended to read as follows:
   3. Application for learner's permit. An application  for  a  learner's
 permit  shall  be included in the application for a STANDARD OR FEDERAL-
 PURPOSE DRIVER'S license. A learner's permit shall  be  issued  in  such
 form  as the commissioner shall determine but shall not be issued unless
 the applicant has successfully passed the vision test required  by  this
 section  and  the test set forth in paragraph (a) of subdivision four of
 this section with respect to laws relating to  traffic  and  ability  to

 S. 8680                             8
 
 read  and  comprehend  traffic  signs and symbols and has satisfactorily
 completed any course required pursuant to paragraph (a)  of  subdivision
 four  of this section. Upon acceptance of an application for a learner's
 permit  the  commissioner  shall  provide  the applicant with a driver's
 manual which includes but is not limited to the laws relating  to  traf-
 fic,  the  laws  relating  to and physiological effects of driving while
 ability impaired and driving while intoxicated, the law  for  exercising
 due  care  to avoid colliding with a parked, stopped or standing vehicle
 pursuant to section eleven hundred forty-four-a of this chapter,  expla-
 nations  of  traffic  signs  and  symbols  and such other matters as the
 commissioner may prescribe.
   (a) Upon successful completion of the requirements set forth in subdi-
 vision four of this section, and upon payment of the fee  prescribed  by
 law,  the  commissioner shall issue an appropriate FEDERAL-PURPOSE DRIV-
 ER'S license to the applicant, except that the commissioner  may  refuse
 to issue such license:
   (i)  if  the applicant is the holder of a currently valid or renewable
 license to drive issued by another state [or foreign country] unless the
 applicant surrenders such license, or
   (ii) if such issuance would be inconsistent  with  the  provisions  of
 section five hundred sixteen of this chapter.
   (a)  A  license  issued  pursuant  to subdivision five of this section
 shall be valid until the expiration date contained thereon, unless  such
 license  is suspended, revoked or cancelled. Such license may be renewed
 by submission of an application for renewal, the fee prescribed by  law,
 proofs  of  prior licensing, fitness and acceptable vision prescribed by
 the  commissioner,  the  applicant's  social  security  number,  and  if
 required  by  the  commissioner  a  photo image of the applicant in such
 numbers and form as the commissioner shall prescribe.   In addition,  an
 applicant  for  renewal  of  a  license  containing a hazardous material
 endorsement shall pass an examination to retain  such  endorsement.  The
 commissioner shall, with respect to the renewal of a hazardous materials
 endorsement,  comply  with  the  requirements  imposed  upon  states  by
 sections 383.141 and 1572.13 of title 49 of the code  of  federal  regu-
 lations.  A  renewal of such license shall be issued by the commissioner
 upon approval of such application, except that no such license shall  be
 issued  if  its  issuance  would  be inconsistent with the provisions of
 section five hundred sixteen of this title, and except that the  commis-
 sioner  may  refuse to renew such license if the applicant is the holder
 of a currently valid or renewable license to  drive  issued  by  another
 state [or foreign country] unless the applicant surrenders such license.
   §  7.  The  vehicle and traffic law is amended by adding a new section
 502-b to read as follows:
   § 502-B. STANDARD DRIVER'S LICENSES. 1. ISSUANCE OF STANDARD  DRIVER'S
 LICENSES  AND LEARNER'S PERMITS. (A) THE COMMISSIONER SHALL ISSUE STAND-
 ARD DRIVER'S LICENSES AND LEARNER'S  PERMITS  IN  ACCORDANCE  WITH  THIS
 SECTION TO ANY ELIGIBLE APPLICANT WHO SEEKS ONE.
   (B) SUCH LICENSES AND PERMITS SHALL BE MADE AVAILABLE WITH THE CLASSI-
 FICATIONS  OF  D, DJ, M, AND MJ AS DEFINED BY SUBDIVISION TWO OF SECTION
 FIVE HUNDRED ONE OF THIS ARTICLE, AND SHALL BE VALID FOR THE SAME  PERI-
 ODS AS THE EQUIVALENT CLASS OF FEDERAL-PURPOSE LICENSE.
   (C) SUCH LICENSES SHALL BE VISUALLY IDENTICAL TO FEDERAL-PURPOSE DRIV-
 ER'S  LICENSES ISSUED PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS ARTI-
 CLE EXCEPT THAT SUCH LICENSES MAY STATE "NOT FOR FEDERAL PURPOSES" IN  A
 FONT NO LARGER THAN THE SMALLEST FONT OTHERWISE APPEARING ON THE FACE OF
 THE  CARD.  THE COMMISSIONER MAY PROMULGATE REGULATIONS TO APPROVE ADDI-

 S. 8680                             9
 
 TIONAL DESIGN  OR  COLOR  INDICATORS  FOR  STANDARD  OR  FEDERAL-PURPOSE
 LICENSES IF REQUIRED TO COMPLY WITH FEDERAL LAW.
   2. ELIGIBILITY FOR STANDARD DRIVER'S LICENSES. (A) NOTWITHSTANDING ANY
 OTHER  PROVISION  OF  THIS ARTICLE, A STANDARD DRIVER'S LICENSE SHALL BE
 ISSUED TO ANY APPLICANT  WHO  FURNISHES  PROOF  OF  IDENTITY,  AGE,  AND
 FITNESS AS REQUIRED BY THIS SECTION.
   (B) PROOF OF IDENTITY AND AGE. THE COMMISSIONER SHALL PROMULGATE REGU-
 LATIONS  TO  ESTABLISH ACCEPTABLE PROOF OF AGE AND IDENTITY FOR STANDARD
 DRIVER'S LICENSE AND LEARNER'S PERMIT APPLICANTS, PROVIDED THAT:
   (I) THE COMMISSIONER SHALL ACCEPT A PASSPORT OR GOVERNMENT IDENTIFICA-
 TION DOCUMENT ISSUED IN A FOREIGN COUNTRY AS AT LEAST ONE FORM OF PROOF;
 AND
   (II) IF ANY APPLICANT IS REQUIRED TO FURNISH A SOCIAL SECURITY NUMBER,
 APPLICANTS MAY HAVE THE OPTION OF SIGNING AN AFFIDAVIT STATING THAT  THE
 APPLICANT HAS NOT BEEN ISSUED A SOCIAL SECURITY NUMBER.
   (C)  PROOF  OF  FITNESS. APPLICANTS FOR STANDARD DRIVER'S LICENSES AND
 LEARNER'S PERMITS SHALL BE SUBJECT TO THE SAME MINIMUM AGE  REQUIREMENTS
 AS  PROVIDED  FOR IN SUBDIVISION TWO OF SECTION FIVE HUNDRED TWO OF THIS
 ARTICLE, AND SHALL BE SUBJECT TO THE SAME  EXAMINATION  REQUIREMENTS  AS
 PROVIDED  FOR  IN  SUBDIVISION  FOUR OF SECTION FIVE HUNDRED TWO OF THIS
 ARTICLE.
   (D) NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  ARTICLE  OR  TITLE,
 APPLICANTS  FOR  STANDARD  DRIVER'S LICENSES AND LEARNER'S PERMITS SHALL
 NOT BE REQUIRED TO PROVE THAT THEY ARE LAWFULLY PRESENT  IN  THE  UNITED
 STATES.
   3. APPLICATION FORM. (A) THE COMMISSIONER SHALL PROVIDE AN APPLICATION
 FORM FOR STANDARD DRIVER'S LICENSES IN ACCORDANCE WITH THIS SECTION.
   (B)  THE  APPLICATION FORM MAY INCLUDE FIELDS FOR AN APPLICANT'S NAME,
 DATE OF BIRTH, RESIDENTIAL AND MAILING ADDRESS, SEX, HEIGHT, EYE  COLOR,
 VETERAN  STATUS, WHETHER THE APPLICANT CHOOSES TO BE AN ORGAN DONOR, AND
 CONSENT OF THE APPLICANT'S PARENT OR GUARDIAN, WHEN APPLICABLE.
   (C) THE APPLICATIONS FORM SHALL INCLUDE A  SINGLE  FIELD  TO  INDICATE
 WHETHER AN APPLICANT HAS FURNISHED PROOF OF IDENTITY AS REQUIRED BY THIS
 SECTION, AND SHALL NOT STATE THE DOCUMENTS USED TO PROVE IDENTITY.
   (D) THE APPLICATIONS FORM SHALL NOT STATE AN APPLICANT'S INELIGIBILITY
 FOR  A  SOCIAL  SECURITY  NUMBER WHERE APPLICABLE, AND SHALL NOT STATE A
 PERSON'S CITIZENSHIP OR IMMIGRATION STATUS.
   4. RENEWALS. A STANDARD DRIVER'S LICENSE OR LEARNER'S  PERMIT  MAY  BE
 RENEWED  ACCORDING  TO  THE  PROCEDURES  PROVIDED  IN SUBDIVISION SIX OF
 SECTION FIVE HUNDRED TWO OF THIS  ARTICLE,  EXCEPT  THAT  THE  APPLICANT
 SHALL NOT BE REQUIRED TO PROVIDE A SOCIAL SECURITY NUMBER.
   5. CUSTODY OF RECORDS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
 ARTICLE,  THE  COMMISSIONER SHALL COLLECT, STORE, AND MAINTAIN DOCUMENTS
 AND INFORMATION FURNISHED BY APPLICANTS FOR STANDARD  DRIVER'S  LICENSES
 IN ACCORDANCE WITH THIS SUBDIVISION.
   (B)  THE  COMMISSIONER  SHALL  NOT  COLLECT OR RETAIN THE DOCUMENTS OR
 COPIES OF THE DOCUMENTS FURNISHED BY AN APPLICANT FOR A  STANDARD  DRIV-
 ER'S  LICENSE,  INCLUDING THOSE DOCUMENTS FURNISHED AS PROOF OF IDENTITY
 AND AGE.
   (C) THE COMMISSIONER MAY COLLECT THE APPLICATION FORM COMPLETED BY  AN
 APPLICANT  FOR  A  STANDARD DRIVER'S LICENSE FOR THE PERIOD NECESSARY TO
 REVIEW THE APPLICATION, PROVIDED THAT SUCH APPLICATION AND ANY COPIES OF
 SUCH APPLICATION SHALL BE DESTROYED AFTER A PERIOD OF NO MORE  THAN  SIX
 MONTHS.  APPLICATION  FORMS SHALL NOT BE PUBLIC RECORDS AND SHALL NOT BE
 DISCLOSED IN RESPONSE TO ANY PUBLIC RECORDS REQUEST.

 S. 8680                            10
 
   (D) THE COMMISSIONER SHALL  NOT  DISCLOSE  ANY  INFORMATION  COLLECTED
 PURSUANT TO THIS SECTION TO ANY LAW ENFORCEMENT AGENCY ABSENT A JUDICIAL
 SUBPOENA OR JUDICIAL WARRANT THAT NAMES THE INDIVIDUAL WHOSE INFORMATION
 IS  SOUGHT.  IF  PRESENTED WITH A JUDICIAL SUBPOENA OR JUDICIAL WARRANT,
 ONLY  THOSE  RECORDS  SPECIFICALLY IDENTIFIED IN THE SUBPOENA OR WARRANT
 MAY BE DISCLOSED.
   6. PROHIBITION ON DISCRIMINATION. (A) IT SHALL BE A VIOLATION OF  LAW,
 INCLUDING  BUT  NOT  LIMITED TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW, TO
 DISCRIMINATE AGAINST AN INDIVIDUAL BECAUSE HE OR SHE APPLIES FOR, HOLDS,
 OR PRESENTS A STANDARD DRIVER'S LICENSE OR LEARNER'S PERMIT.
   (B) A STANDARD DRIVER'S LICENSE OR LEARNER'S PERMIT SHALL NOT BE  USED
 AS  EVIDENCE  OF A PERSON'S CITIZENSHIP OR IMMIGRATION STATUS, AND SHALL
 NOT BE THE BASIS FOR INVESTIGATING, ARRESTING, OR DETAINING A PERSON.
   (C) EMPLOYEES OF THE DEPARTMENT SHALL NOT  INQUIRE  ABOUT  A  STANDARD
 DRIVER'S  LICENSE  OR  LEARNER'S PERMIT APPLICANT'S CITIZENSHIP OR IMMI-
 GRATION STATUS.
   § 8. Subdivisions 2 and 3 of section 508 of the  vehicle  and  traffic
 law, as added by chapter 780 of the laws of 1972, are amended to read as
 follows:
   2. Any application required to be filed under this article shall be in
 a  manner  and  on  a  form or forms prescribed by the commissioner. The
 applicant shall furnish all information required by statute and,  EXCEPT
 WHERE  OTHERWISE  PROVIDED  IN THIS TITLE, such other information as the
 commissioner shall deem appropriate.
   3. License record. The commissioner  shall  keep  a  record  of  every
 license  issued  which  record shall be open to public inspection during
 reasonable business hours.   SUCH RECORD SHALL NOT  INCLUDE  THE  SOCIAL
 SECURITY  NUMBER,  ADDRESS,  PLACE OF BIRTH, COUNTRY OF ORIGIN, PLACE OF
 EMPLOYMENT,  SCHOOL  OR  EDUCATIONAL  INSTITUTION  ATTENDED,  SOURCE  OF
 INCOME,  STATUS AS A RECIPIENT OF PUBLIC BENEFITS, OR THE CUSTOMER IDEN-
 TIFICATION NUMBER ASSOCIATED WITH A  PUBLIC  UTILITIES  ACCOUNT  OF  ANY
 LICENSE  HOLDERS  OR  APPLICANTS. Neither the commissioner nor his agent
 shall be required to allow the  inspection  of  an  application,  or  to
 furnish  a  copy  thereof, or information therefrom, until a license has
 been issued thereon.
   § 9. This act shall take effect immediately.