S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10112
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  access  to
   certain  record  by  a federal agency acting in its official capacity;
   and to repeal certain provisions of such law related thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 8, 9 and 10 of section 201 of the vehicle and
 traffic law, as added by chapter 37 of the laws of 2019, are amended  to
 read as follows:
   8.  Any portion of any record retained by the commissioner in relation
 to a non-commercial driver's license or learner's permit application  or
 renewal  application  that  contains  the  photo image or identifies the
 social security number, telephone number, place  of  birth,  country  of
 origin, place of employment, school or educational institution attended,
 source of income, status as a recipient of public benefits, the customer
 identification  number  associated  with  a  public  utilities  account,
 medical information or disability  information  of  the  holder  of,  or
 applicant  for,  such license or permit is not a public record and shall
 not be disclosed in response to any request for records except:  (a)  to
 the  person  who  is the subject of such records; 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) where 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 issued pursuant to the criminal proce-
 dure law or the civil practice law and rules; OR (D) WHERE REQUESTED  BY
 A FEDERAL AGENCY ACTING IN ITS OFFICIAL CAPACITY.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15519-01-0

 A. 10112                            2
 
 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)  WHERE  REQUESTED  BY  A
 FEDERAL AGENCY ACTING IN ITS OFFICIAL CAPACITY.
   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
 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) WHERE REQUESTED BY A FEDERAL AGENCY
 ACTING IN ITS OFFICIAL CAPACITY.
   §  2.  Subdivision 12 of section 201 of the vehicle and traffic law is
 REPEALED.
   § 3. This act shall take effect immediately.