S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4050
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2017
                                ___________
 
 Introduced  by  M. of A. MOYA -- read once and referred 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 limited purpose drivers'
   licenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (c) of subdivision 1 of section 201 of the vehi-
 cle and traffic law, as added by chapter 380 of the  laws  of  1980,  is
 amended to read as follows:
   (c)  any  application  for  a driver's license OR IDENTIFICATION CARD,
 including any SOURCE document required to be filed with any such  appli-
 cation,  after  such application shall have been on file for a period of
 [five] SEVEN years AND ANY IMAGES OF SOURCE DOCUMENTS  PRESENTED  FOR  A
 MINIMUM OF TEN YEARS;
   § 2. Section 490 of the vehicle and traffic law is amended by adding a
 new subdivision 4 to read as follows:
   4.  FEDERAL  COMPLIANCE. (A) THE COMMISSIONER MAY OFFER AN IDENTIFICA-
 TION CARD THAT WILL BE ACCEPTED BY THE FEDERAL GOVERNMENT FOR ANY  OFFI-
 CIAL  PURPOSE, SUBJECT TO THE APPLICABLE FEDERAL REQUIREMENTS, INCLUDING
 THE SATISFACTION OF ALL REQUIREMENTS OF THE REAL ID ACT OF 2005 (PUB. L.
 109-13).
   (B) ANY IDENTIFICATION CARD NOT SATISFYING THE REQUIREMENTS  OF  PARA-
 GRAPH  (A)  OF THIS SUBDIVISION SHALL STATE THE FOLLOWING ON THE FACE OF
 THE CARD AND IN ITS MACHINE-READABLE ZONE, IN A FONT SIZE NO LARGER THAN
 THE SMALLEST FONT SIZE OTHERWISE APPEARING ON THE CARD: "NOT  VALID  FOR
 OFFICIAL  FEDERAL  PURPOSES." THE COMMISSIONER MAY INCORPORATE DIFFERENT
 FEATURES BUT ONLY IF DOING SO WOULD RESULT IN A CARD THAT  APPEARS  MORE
 SIMILAR  TO  AN  IDENTIFICATION  CARD ISSUED UNDER PARAGRAPH (A) OF THIS
 SUBDIVISION, OR IF REQUIRED BY  THE  DEPARTMENT  OF  HOMELAND  SECURITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09494-01-7
              

 A. 4050                             2
 
 PROVIDED,  THAT THE COMMISSIONER DOES SO TO THE MINIMUM EXTENT NECESSARY
 TO COMPLY WITH THE REAL ID ACT OF 2005 (PUB. L.  109-13).
   (C)  THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY WHERE INCONSIST-
 ENT WITH THE PROVISIONS OF SECTION FIVE HUNDRED FOUR-A OF THIS CHAPTER.
   § 3. Section 502 of the vehicle and traffic law is amended by adding a
 new subdivision 8 to read as follows:
   8. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY WHERE INCONSISTENT
 WITH THE PROVISIONS OF SECTION FIVE HUNDRED FOUR-A OF THIS ARTICLE.
   § 4. The vehicle and traffic law is amended by adding  a  new  section
 504-a to read as follows:
   §  504-A. ENHANCED AND LIMITED PURPOSE DRIVERS' LICENSES.  1. ENHANCED
 DRIVER'S LICENSE. THE COMMISSIONER MAY OFFER  A  DRIVER'S  LICENSE  THAT
 WILL  BE  ACCEPTED  BY  THE FEDERAL GOVERNMENT FOR ANY OFFICIAL PURPOSE,
 SUBJECT TO THE APPLICABLE FEDERAL REQUIREMENTS, INCLUDING THE  SATISFAC-
 TION OF ALL REQUIREMENTS OF THE REAL ID ACT OF 2005 (PUB. L. 109-13).
   2.  LIMITED PURPOSE DRIVER'S LICENSE. (A) THE COMMISSIONER SHALL ISSUE
 A LIMITED PURPOSE DRIVER'S LICENSE OR PERMIT TO  AN  APPLICANT  WHO  CAN
 PROVIDE  PROOF  OF  IDENTITY,  AGE,  AND FITNESS IN ACCORDANCE WITH THIS
 SECTION.
   (B) TO OBTAIN A LIMITED PURPOSE DRIVER'S LICENSE OR PERMIT IN  ACCORD-
 ANCE  WITH PARAGRAPH (A) OF THIS SUBDIVISION, AN APPLICANT SHALL FURNISH
 SUCH PROOF OF IDENTITY, AGE, AND FITNESS  AS  MAY  BE  REQUIRED  BY  THE
 COMMISSIONER.  THE  COMMISSIONER SHALL PROMULGATE REASONABLE REGULATIONS
 AND REQUIREMENTS IN ACCORDANCE WITH THE FOLLOWING:
   (I) THE COMMISSIONER SHALL PROMULGATE A LIST OF ACCEPTABLE  DOCUMENTA-
 TION  FOR  PROOF  OF  IDENTITY,  AGE,  AND FITNESS, WHICH LIST (A) SHALL
 INCLUDE OFFICIAL DOCUMENTATION ISSUED BY A FOREIGN  COUNTRY;  (B)  SHALL
 ASCRIBE SIMILAR WEIGHT TO LIKE DOCUMENTS, WHETHER ISSUED DOMESTICALLY OR
 ABROAD;  AND  (C) SHALL INCLUDE ANY OTHER DOCUMENTATION THE COMMISSIONER
 DEEMS APPROPRIATE;
   (II) THE COMMISSIONER SHALL REQUIRE EACH APPLICANT TO PROVIDE A SOCIAL
 SECURITY NUMBER OR A SWORN STATEMENT UNDER THE PENALTY OF PERJURY, STAT-
 ING THE APPLICANT'S IDENTITY AND THE FACT THAT HE OR SHE  HAS  NOT  BEEN
 ISSUED A SOCIAL SECURITY NUMBER; AND
   (III)  AN  APPLICANT SHALL NOT BE REQUIRED TO ESTABLISH LEGAL PRESENCE
 IN THE UNITED STATES AT THE TIME OF APPLICATION.
   (C) A LIMITED PURPOSE DRIVER'S LICENSE OR  PERMIT  ISSUED  UNDER  THIS
 SUBDIVISION SHALL STATE THE FOLLOWING ON THE FACE OF THE CARD AND IN ITS
 MACHINE-READABLE  ZONE,  IN A FONT SIZE NO LARGER THAN THE SMALLEST FONT
 SIZE OTHERWISE APPEARING ON THE CARD: "NOT VALID  FOR  OFFICIAL  FEDERAL
 PURPOSES."  THE COMMISSIONER MAY INCORPORATE DIFFERENT FEATURES BUT ONLY
 IF DOING SO WOULD RESULT IN A  CARD  THAT  APPEARS  MORE  SIMILAR  TO  A
 LICENSE  ISSUED UNDER SUBDIVISION ONE OF THIS SECTION, OR IF REQUIRED BY
 THE DEPARTMENT OF HOMELAND SECURITY;  PROVIDED,  THAT  THE  COMMISSIONER
 DOES  SO  TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH THE REAL ID ACT
 OF 2005 (PUB. L. 109-13).
   (D) A LIMITED PURPOSE DRIVER'S LICENSE ISSUED PURSUANT TO THIS  SUBDI-
 VISION  SHALL  NOT  BE  USED  TO CONSIDER OR AS EVIDENCE OF THE HOLDER'S
 CITIZENSHIP OR IMMIGRATION STATUS, AND SUCH DRIVER'S LICENSE OR INFORMA-
 TION RETAINED BY THE COMMISSIONER ASSOCIATED WITH SUCH LICENSE SHALL NOT
 BE USED AS A BASIS FOR A CRIMINAL INVESTIGATION, ARREST, OR DETENTION IN
 CIRCUMSTANCES WHERE A HOLDER OF A DRIVER'S LICENSE THAT WAS  NOT  ISSUED
 PURSUANT  TO  THIS  SUBDIVISION  WOULD  NOT  BE CRIMINALLY INVESTIGATED,
 ARRESTED, OR DETAINED.

 A. 4050                             3
 
   (E) LICENSES ISSUED PURSUANT TO THIS SUBDIVISION SHALL  BE  VALID  FOR
 THE  SAME DURATION OF TIME AS LICENSES OF THE SAME CLASS ISSUED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION.
   (F) IT SHALL BE A VIOLATION OF LAW INCLUDING BUT NOT LIMITED TO, ARTI-
 CLE  FIFTEEN OF THE EXECUTIVE LAW, TO DISCRIMINATE AGAINST AN INDIVIDUAL
 BECAUSE HE OR SHE APPLIES FOR,  HOLDS,  OR  PRESENTS  A  LICENSE  ISSUED
 PURSUANT TO THIS PARAGRAPH.
   (G)  EXCEPT  AS  OTHERWISE EXPRESSLY PROVIDED BY LAW, A LICENSE ISSUED
 PURSUANT TO THIS SUBDIVISION MAY BE USED AS LEGAL IDENTIFICATION OF  THE
 HOLDER TO WHOM THE LICENSE IS ISSUED.
   3.  APPLICANT  RECORDS.  (A)  THE COMMISSIONER SHALL NOT KEEP SEPARATE
 RECORDS OF LICENSES ISSUED PURSUANT TO SUBDIVISIONS ONE AND TWO OF  THIS
 SECTION.
   (B)  THE COMMISSIONER SHALL, PURSUANT TO PARAGRAPH (12) OF SUBDIVISION
 (D) OF SECTION 202 OF THE REAL ID ACT OF 2005 (PUB. L.  109-13), PROVIDE
 ELECTRONIC ACCESS TO ALL OTHER STATES ONLY TO THE  INFORMATION  RETAINED
 BY  THE COMMISSIONER AND LISTED IN SUBDIVISION (B) OF SECTION 202 OF THE
 REAL ID ACT OF 2005 (PUB. L.  109-13).
   (C) INFORMATION COLLECTED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED
 TO BE A PUBLIC RECORD AND SHALL NOT BE  DISCLOSED  BY  THE  COMMISSIONER
 EXCEPT (I) WITH THE CONSENT OF THE INDIVIDUAL ABOUT WHOM THE INFORMATION
 PERTAINS,  (II) AS NECESSARY TO COMPLY WITH A LEGALLY AND VALIDLY ISSUED
 WARRANT OR SUBPOENA THAT SPECIFICALLY IDENTIFIES THE PERSON  ABOUT  WHOM
 SUCH INFORMATION IS SOUGHT, OR (III) AS OTHERWISE REQUIRED BY LAW.
   (D)  INFORMATION  RELATING TO THE CITIZENSHIP OR IMMIGRATION STATUS OF
 AN APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL NOT BE COLLECTED  OR
 RETAINED IN ANY RECORD OF THE COMMISSIONER.
   (E)  NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED ONE OF THIS
 CHAPTER, THE  COMMISSIONER  SHALL  RETURN  OR  DESTROY  AND  NOT  RETAIN
 ORIGINALS OR COPIES IN ANY FORM OF DOCUMENTS PROVIDED BY AN APPLICANT TO
 PROVE  IDENTITY OR RESIDENCY UNDER THIS SECTION FOR LONGER THAN THE TIME
 NEEDED TO REVIEW THE APPLICATION, OR AS OTHERWISE REQUIRED BY APPLICABLE
 LAW.
   (F) THE COMMISSIONER, IN ITS DISCRETION  AND  TO  THE  FULLEST  EXTENT
 PERMITTED  BY  APPLICABLE LAW, MAY DENY ACCESS TO ANY OR ALL INFORMATION
 IF IT FINDS THE REQUESTING ENTITY'S OR PERSON'S  PURPOSE  IN  REQUESTING
 SUCH INFORMATION VIOLATES THIS SECTION, IS IMPROPER, OR THAT THE REQUEST
 WAS MADE IN BAD FAITH.
   (G)  WHEN  PERMITTED  BY LAW, THE COMMISSIONER SHALL PROVIDE NOTICE TO
 EACH INDIVIDUAL WHOSE INFORMATION HAS BEEN REQUESTED  FROM  THE  COMMIS-
 SIONER,  AND SUCH NOTICE SHALL INCLUDE STATEMENTS THAT SUCH INDIVIDUAL'S
 INFORMATION HAS BEEN REQUESTED, IDENTIFYING THE DATE AND SOURCE OF  SUCH
 REQUEST,  AND  THAT  SUCH  INFORMATION, IF ANY, WILL BE FURNISHED TO THE
 REQUESTING PARTY.
   (H) ANYONE THAT REQUESTS INFORMATION PURSUANT TO PARAGRAPH (C) OF THIS
 SUBDIVISION, OTHER  THAN  THE  INDIVIDUAL  ABOUT  WHOM  THE  INFORMATION
 PERTAINS,  SHALL SIGN AN AGREEMENT ACKNOWLEDGING THEIR RESPONSIBILITY TO
 PROTECT THE CONFIDENTIALITY OF SUCH INFORMATION.   THE  AGREEMENT  SHALL
 CONTAIN,  AT  A MINIMUM: (I) A PROHIBITION AGAINST USING THE INFORMATION
 IN VIOLATION OF THIS SECTION OR APPLICABLE LAW; (II)  AN  OBLIGATION  BY
 THE  RECIPIENT  NOT  TO  RE-DISCLOSE  THE INFORMATION OBTAINED; (III) AN
 OBLIGATION TO USE APPROPRIATE  TECHNICAL,  PHYSICAL  AND  ADMINISTRATIVE
 SAFEGUARDS  TO  PREVENT  UNAUTHORIZED  USE OR DISCLOSURE; AND (IV) OTHER
 REQUIREMENTS AS DEEMED NECESSARY BY THE COMMISSIONER.
   § 5. Section 508 of the vehicle and traffic law is amended  by  adding
 two new subdivisions 6 and 7 to read as follows:

 A. 4050                             4
 
   6.  THE  COMMISSIONER  SHALL, BY OCTOBER FIRST, TWO THOUSAND NINETEEN,
 PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY  TO  COMPLY  WITH
 THE  REAL  ID ACT OF 2005 (PUB. L. 109-13) AND SUBMIT ALL CERTIFICATIONS
 REQUISITE THERETO.
   7. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY WHERE INCONSISTENT
 WITH THE PROVISIONS OF SECTION FIVE HUNDRED FOUR-A OF THIS ARTICLE.
   §  6. This act shall take effect one year after it shall have become a
 law; provided, however, that the commissioner of  motor  vehicles  shall
 promulgate  any rules and regulations necessary for the timely implemen-
 tation of the provisions of this act on or before such effective date.