S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8160
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   the  commissioner  of  motor  vehicles to establish a pilot program to
   evaluate the use of optional mobile or digital alternatives  to  driv-
   er's   licenses  and  non-driver  identification  cards  if  specified
   requirements are met; and to provide for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 504-a to read as follows:
   § 504-A.  DIGITAL  DRIVER'S  LICENSES  AND  NON-DRIVER  IDENTIFICATION
 CARDS.
   1. THE DEPARTMENT MAY ESTABLISH A PILOT PROGRAM TO EVALUATE THE USE OF
 OPTIONAL  MOBILE  OR  DIGITAL ALTERNATIVES TO DRIVER'S LICENSES AND NON-
 DRIVER IDENTIFICATION CARDS, SUBJECT TO ALL OF  THE  FOLLOWING  REQUIRE-
 MENTS:
   (A)  THE  ALTERNATIVE LICENSES SHALL BE APPROVED BY THE SUPERINTENDENT
 OF THE STATE POLICE.
   (B) THE PILOT PROGRAM SHALL BE LIMITED TO NO  MORE  THAN  FIVE  TENTHS
 (0.5) PERCENT OF LICENSED DRIVERS FOR THE PURPOSE OF THE EVALUATION.
   (C)  THE  ALTERNATIVE PRODUCTS TO BE EVALUATED SHALL BE PROVIDED AT NO
 COST TO THE STATE OR TO THE PARTICIPANT.
   (D) ANY PILOT PROGRAM ESTABLISHED BY THE DEPARTMENT PURSUANT  TO  THIS
 SUBDIVISION SHALL BE COMPLETED NO LATER THAN JANUARY FIRST, TWO THOUSAND
 TWENTY-EIGHT.
   (E)  ANY  PILOT PROGRAM ESTABLISHED BY THE DEPARTMENT PURSUANT TO THIS
 SUBDIVISION SHALL BE LIMITED TO PERSONS WHO HAVE VOLUNTARILY  CHOSEN  TO
 PARTICIPATE IN THE PILOT PROGRAM.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11821-01-1
              

 A. 8160                             2
 
   (F)  A  PARTICIPANT IN ANY PILOT PROGRAM ESTABLISHED BY THE DEPARTMENT
 PURSUANT TO THIS SECTION MAY TERMINATE THEIR PARTICIPATION IN THE  PILOT
 PROGRAM  AT ANY TIME, AND MAY, UPON TERMINATION, REQUEST THE DELETION OF
 ANY DATA ASSOCIATED WITH THEIR PARTICIPATION IN THE PROGRAM. WITHIN  TEN
 DAYS  OF  ANY  SUCH  REQUEST, THE DEPARTMENT AND ALL ENTITIES CONTRACTED
 WITH THE DEPARTMENT FOR THE PURPOSE OF EFFECTUATING  THE  PILOT  PROGRAM
 SHALL  DELETE  ALL  DATA COLLECTED OR MAINTAINED PURSUANT TO THE PARTIC-
 IPANT'S PARTICIPATION IN THE PROGRAM.
   (G) ALL PARTICIPANTS SHALL RECEIVE BOTH A PHYSICAL AND  DIGITAL  DRIV-
 ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD.
   2. IN DEVELOPING AND IMPLEMENTING THE USE OF DIGITAL DRIVER'S LICENSES
 AND  NON-DRIVER  IDENTIFICATION  CARDS,  THE DEPARTMENT SHALL ENSURE THE
 PROTECTION OF PERSONAL INFORMATION AND INCLUDE  SECURITY  FEATURES  THAT
 PROTECT  AGAINST  UNAUTHORIZED ACCESS TO INFORMATION, INCLUDING, BUT NOT
 LIMITED TO, ALL OF THE FOLLOWING:
   (A) ENSURING THAT USE OF THE DIGITAL DRIVER'S  LICENSE  OR  NON-DRIVER
 IDENTIFICATION  CARD  DOES NOT REQUIRE HANDING OVER ONE'S DIGITAL DEVICE
 TO ANY OTHER PERSON OR ENTITY WHEN USING THE DIGITAL DRIVER'S LICENSE OR
 NON-DRIVER IDENTIFICATION CARD.
   (B) ENSURING THAT ANY REMOTE ACCESS TO THE DIGITAL DRIVER'S LICENSE OR
 NON-DRIVER IDENTIFICATION CARD SHALL REQUIRE THE  EXPRESS,  AFFIRMATIVE,
 REAL-TIME  CONSENT  OF THE PERSON WHOSE DIGITAL DRIVER'S LICENSE OR NON-
 DRIVER IDENTIFICATION CARD IS BEING REQUESTED FOR EACH PIECE OF INFORMA-
 TION BEING REQUESTED AND SHALL BE LIMITED TO ONLY THAT INFORMATION WHICH
 IS PROVIDED ON A PHYSICAL DRIVER'S LICENSE OR NON-DRIVER  IDENTIFICATION
 CARD.
   (C) ENSURING THAT THE DIGITAL DRIVER'S LICENSE OR NON-DRIVER IDENTIFI-
 CATION  CARD, AS WELL AS ANY MOBILE APPLICATION REQUIRED FOR THE DIGITAL
 DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD, SHALL NOT CONTAIN OR
 COLLECT ANY INFORMATION NOT STRICTLY NECESSARY FOR  THE  FUNCTIONING  OF
 THE  DIGITAL DRIVER'S LICENSE, NON-DRIVER IDENTIFICATION CARD, OR MOBILE
 APPLICATION, INCLUDING, BUT NOT LIMITED TO, LOCATION INFORMATION.
   (D) ENSURING THAT THE INFORMATION TRANSMITTED TO THE DIGITAL  DRIVER'S
 LICENSE  OR NON-DRIVER IDENTIFICATION CARD, AS WELL AS ANY MOBILE APPLI-
 CATION REQUIRED FOR THE DIGITAL DRIVER'S LICENSE OR NON-DRIVER IDENTIFI-
 CATION CARD, IS ENCRYPTED AND PROTECTED TO THE HIGHEST REASONABLE  SECU-
 RITY  STANDARDS  BROADLY AVAILABLE AND CANNOT BE INTERCEPTED WHILE BEING
 TRANSMITTED FROM THE DEPARTMENT.
   3. (A) IN THE CONDUCT OF ANY PILOT PROGRAM PURSUANT TO  THIS  SECTION,
 ANY  DATA  EXCHANGED  BETWEEN  THE DEPARTMENT AND ANY ELECTRONIC DEVICE,
 BETWEEN THE DEPARTMENT AND THE PROVIDER OF ANY  ELECTRONIC  DEVICE,  AND
 BETWEEN  ANY  ELECTRONIC  DEVICE  AND  THE  PROVIDER  OF THAT ELECTRONIC
 DEVICE, SHALL BE LIMITED TO THOSE DATA NECESSARY TO DISPLAY THE INFORMA-
 TION NECESSARY FOR A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD.
   (B) AN ENTITY CONTRACTED WITH THE DEPARTMENT FOR  THIS  PURPOSE  SHALL
 NOT  USE,  SHARE,  SELL, OR DISCLOSE ANY INFORMATION OBTAINED AS PART OF
 THIS CONTRACT, INCLUDING, BUT NOT LIMITED TO ANY INFORMATION  ABOUT  THE
 HOLDER  OF A DIGITAL DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD,
 EXCEPT AS IS NECESSARY TO SATISFY THE TERMS OF THE CONTRACT. UPON TERMI-
 NATION OR EXPIRATION OF ANY CONTRACT ENTERED INTO FOR THIS PURPOSE,  THE
 CONTRACTING  ENTITY  SHALL DELETE ANY DATA COLLECTED OR GENERATED IN THE
 COURSE OF ACTIVITIES PURSUANT TO THAT CONTRACT WITHIN THIRTY DAYS.
   4. (A) THE HOLDER OF A DIGITAL DRIVER'S LICENSE  OR  NON-DRIVER  IDEN-
 TIFICATION  CARD  SHALL  NOT  BE  REQUIRED TO TURN OVER THEIR ELECTRONIC
 DEVICE TO ANY OTHER PERSON OR ENTITY IN ORDER TO USE THE  DIGITAL  DRIV-

 A. 8160                             3
 
 ER'S  LICENSE  OR  NON-DRIVER IDENTIFICATION CARD FOR IDENTITY VERIFICA-
 TION.
   (B) THE HOLDER OF A DIGITAL DRIVER'S LICENSE OR NON-DRIVER IDENTIFICA-
 TION  CARD  SHOWING OR TURNING OVER THEIR ELECTRONIC DEVICE TO ANY OTHER
 PERSON OR ENTITY IN ORDER TO USE THE DIGITAL DRIVER'S  LICENSE  OR  NON-
 DRIVER  IDENTIFICATION  CARD FOR IDENTITY VERIFICATION SHALL NOT CONSTI-
 TUTE CONSENT TO A SEARCH, NOR SHALL IT CONSTITUTE CONSENT FOR ACCESS  TO
 ANY  INFORMATION  OTHER  THAN THAT WHICH IS IMMEDIATELY AVAILABLE ON THE
 DIGITAL DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD.  INFORMATION
 INCIDENTALLY  OBTAINED  IN  THE  PROCESS  OF  VIEWING A DIGITAL DRIVER'S
 LICENSE OR NON-DRIVER IDENTIFICATION CARD IN ORDER TO VERIFY THE IDENTI-
 TY OF THE HOLDER SHALL NOT BE USED TO ESTABLISH  PROBABLE  CAUSE  FOR  A
 WARRANT TO SEARCH THE ELECTRONIC DEVICE.
   (C) ANY REQUEST FOR REMOTE ACCESS TO THEIR DIGITAL DRIVER'S LICENSE OR
 NON-DRIVER  IDENTIFICATION  CARD FOR IDENTITY VERIFICATION SHALL REQUIRE
 THE EXPRESS CONSENT OF THE HOLDER OF THE  DIGITAL  DRIVER'S  LICENSE  OR
 NON-DRIVER  IDENTIFICATION  CARD, SHALL BE LIMITED TO THE CONTENT OF THE
 DIGITAL DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD SPECIFIED  IN
 THE  REQUEST  FOR  REMOTE  ACCESS,  AND SHALL NOT EXCEED THE INFORMATION
 AVAILABLE ON A PHYSICAL DRIVER'S LICENSE  OR  NON-DRIVER  IDENTIFICATION
 CARD.
   (D) CONSENT TO REMOTE ACCESS TO A DIGITAL DRIVER'S LICENSE OR NON-DRI-
 VER  IDENTIFICATION CARD BY THE HOLDER SHALL NOT CONSTITUTE CONSENT TO A
 SEARCH, NOR SHALL IT CONSTITUTE CONSENT FOR ACCESS  TO  ANY  INFORMATION
 OTHER  THAN  THAT WHICH IS IMMEDIATELY AVAILABLE ON THE DIGITAL DRIVER'S
 LICENSE OR  NON-DRIVER  IDENTIFICATION  CARD.  INFORMATION  INCIDENTALLY
 OBTAINED IN THE PROCESS OF REMOTELY ACCESSING A DIGITAL DRIVER'S LICENSE
 OR  NON-DRIVER IDENTIFICATION CARD SHALL NOT BE USED TO ESTABLISH PROBA-
 BLE CAUSE FOR A WARRANT TO SEARCH THE ELECTRONIC DEVICE.
   5. (A) A PARTICIPANT IN ANY PILOT PROGRAM ESTABLISHED BY  THE  DEPART-
 MENT  PURSUANT  TO  THIS  SECTION SHALL NOT BE REQUIRED TO USE A DIGITAL
 DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD RATHER THAN  A  PHYS-
 ICAL  DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD FOR THE PURPOSE
 OF IDENTITY VERIFICATION, NOR SHALL THEIR  PARTICIPATION  IN  THE  PILOT
 PROGRAM  PRECLUDE THEIR USE OF A PHYSICAL DRIVER'S LICENSE OR NON-DRIVER
 IDENTIFICATION CARD UNDER ANY CIRCUMSTANCES.
   (B) A PERSON OR ENTITY SHALL NOT PROVIDE PREFERENTIAL SERVICE BASED ON
 A PERSON'S USE OF A DIGITAL DRIVER'S LICENSE OR  NON-DRIVER  IDENTIFICA-
 TION  CARD  RATHER  THAN A PHYSICAL DRIVER'S LICENSE OR NON-DRIVER IDEN-
 TIFICATION CARD.
   6. THE PILOT PROGRAM MAY INCLUDE THE ISSUANCE  OF  MOBILE  OR  DIGITAL
 REAL ID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD UPON AUTHORI-
 ZATION OF THE UNITED STATES SECRETARY OF HOMELAND SECURITY.
   7.  IF  THE DEPARTMENT CONDUCTS A PILOT PROGRAM AUTHORIZED IN SUBDIVI-
 SION ONE OF THIS SECTION, THE  DEPARTMENT  SHALL,  NO  LATER  THAN  JULY
 FIRST,  TWO  THOUSAND  TWENTY-SIX,  SUBMIT  A REPORT REGARDING THE PILOT
 PROGRAM TO THE GOVERNOR AND THE LEGISLATURE,  TO  INCLUDE,  BUT  NOT  BE
 LIMITED TO THE FOLLOWING:
   (A) A REVIEW OF ALL PRODUCTS EVALUATED IN THE PILOT PROGRAM AND OF THE
 FEATURES  OF THOSE PRODUCTS. THE REPORT SHALL NOTE IF THE DEVICES EVALU-
 ATED IN THE PILOT PROGRAM ARE AVAILABLE WITH THE ABILITY TO TRANSMIT AND
 RETAIN INFORMATION RELATING TO THE MOVEMENT, LOCATION, AND IF A  PRODUCT
 CONTAINS  THAT  FEATURE,  THE  REPORT  SHALL  ALSO  NOTE  IF THE PRODUCT
 INCLUDES ANY SECURITY FEATURES TO PROTECT AGAINST UNAUTHORIZED ACCESS TO
 INFORMATION.

 A. 8160                             4
 
   (B) RECOMMENDATIONS FOR SUBSEQUENT ACTIONS, IF  ANY,  THAT  SHOULD  BE
 TAKEN  WITH  REGARD TO ALTERNATIVE OPTIONS FOR DIGITAL DRIVER'S LICENSES
 OR NON-DRIVER IDENTIFICATION CARDS EVALUATED IN THE PILOT PROGRAM.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2028.