NY State Assembly Bill 2023-A1018A

Assembly Bill A1018A

2023-2024 Legislative Session

Specifying conditions for the issuance of optional mobile or digital alternatives to driver's licenses and non-driver identification cards

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 17, 2024	print number 1018a
Jul 17, 2024	amend (t) and recommit to transportation
Jan 03, 2024	referred to transportation
Jan 13, 2023	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2023-A1018 - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §504-a, V & T L; add §382-c, Exec L
Versions Introduced in 2021-2022 Legislative Session:: A8160

2023-A1018 - Summary

Specifies conditions for the issuance of optional mobile or digital alternatives to driver's licenses and non-driver identification cards; prohibits law enforcement from seeking consent for phone searches during identity verifications using mobile or digital alternatives to driver's licenses and non-driver identification cards.

2023-A1018 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1018
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. SOLAGES, ZACCARO -- read once and referred to the
   Committee 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
 THIRTY.
   (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.
                                                            LBD03743-01-3
 A. 1018                             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. 1018                             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-EIGHT, 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. 1018                             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, 2030.

co-Sponsors

2023-A1018A (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §504-a, V & T L; add §382-c, Exec L
Versions Introduced in 2021-2022 Legislative Session:: A8160

2023-A1018A (ACTIVE) - Summary

2023-A1018A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1018--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. SOLAGES, ZACCARO -- read once and referred to the
   Committee  on  Transportation  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the  Committee  on  Transportation in accordance with
   Assembly Rule 3, sec. 2

 AN ACT to amend the vehicle and traffic law, in relation  to  specifying
   conditions for the issuance of optional mobile or digital alternatives
   to driver's licenses and non-driver identification cards; and to amend
   the  executive  law,  in  relation to prohibiting law enforcement from
   seeking consent for phone searches during identity verifications using
   mobile or digital alternatives to  driver's  licenses  and  non-driver
   identification cards
 
   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'S OPTIONAL MOBILE OR  DIGITAL  ALTERNATIVES  TO
 DRIVER'S  LICENSES  AND NON-DRIVER IDENTIFICATION CARDS SHALL BE SUBJECT
 TO ALL OF THE FOLLOWING REQUIREMENTS:
   (A) THE ALTERNATIVE LICENSES SHALL BE APPROVED BY  THE  SUPERINTENDENT
 OF THE STATE POLICE.
   (B) THE ALTERNATIVE PRODUCTS SHALL BE PROVIDED AT NO COST TO THE STATE
 OR TO THE PARTICIPANT.
   (C)  A  USER  WHO  NO LONGER WISHES TO HAVE A DIGITAL ALTERNATIVE TO A
 DRIVER'S LICENSE OR  NON-DRIVER  IDENTIFICATION  CARD  MAY  REQUEST  THE
 DELETION  OF  ANY  DATA  ASSOCIATED  WITH THEIR DIGITAL ALTERNATIVE TO A
 DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD. WITHIN TEN  DAYS  OF
 ANY  SUCH  REQUEST,  THE DEPARTMENT AND ALL ENTITIES CONTRACTED WITH THE
 DEPARTMENT FOR THE PURPOSE OF EFFECTUATING THE PROGRAM SHALL DELETE  ALL
 DATA COLLECTED OR MAINTAINED PERTAINING TO THAT USER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03743-02-4

 A. 1018--A                          2
 
   (D) ALL USERS SHALL RECEIVE A PHYSICAL LICENSE OR NON-DRIVER IDENTIFI-
 CATION  CARD  AND SHALL HAVE THE OPTION OF DOWNLOADING THE DIGITAL DRIV-
 ER'S LICENSE  OR  NON-DRIVER  IDENTIFICATION  CARD.  NO  USER  SHALL  BE
 REQUIRED  TO  DOWNLOAD  THE DIGITAL DRIVER'S LICENSE OR NON-DRIVER IDEN-
 TIFICATION 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.
   (E) PROHIBITING TRACKING OF THE DIGITAL DRIVER'S LICENSE OR NON-DRIVER
 IDENTIFICATION CARD OR ANY APP PERTAINING THERETO BY THE ISSUER OF  SUCH
 LICENSE OR CARD.
   (F) IMPLEMENTING CLEAR STANDARDS FOR WHEN AND WHERE A DIGITAL DRIVER'S
 LICENSE  OR  NON-DRIVER IDENTIFICATION CARD CAN BE USED AND ALLOW SELEC-
 TIVE DISCLOSURES TO GIVE HOLDERS CONTROL OVER WHAT PARTS OF  THEIR  DATA
 ARE BEING SHARED AND WITH WHOM.
   (G)  PROHIBITING  THE SHARING, SALE OR EXPLOITATION OF DATA BY ISSUING
 PARTIES, VENDORS AND VERIFIERS AND REQUIRE WARRANTS WHERE THEY CURRENTLY
 EXIST.
   (H) IMPLEMENTING STRONG ENFORCEMENT MECHANISMS AND  A  FINE  STRUCTURE
 THAT  COMPELS  COMPLIANCE  WITH  THE  PROVISIONS OF THIS SECTION AND ANY
 APPLICABLE RULES AND REGULATIONS OF THE DEPARTMENT OR ANY OTHER RELEVANT
 DEPARTMENT, AGENCY OR OFFICE OF THE STATE.
   (I) MANDATING REGISTRATION OF VERIFYING PARTIES, INCLUDING  GOVERNMENT
 AGENCIES AND PRIVACY COMPANIES, WITH THE STATE TO DETERMINE WHAT USES OF
 USER DATA BY SUCH ENTITIES ARE PERMISSIBLE.
   3.  (A)  IN  THE  CONDUCT OF ANY 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 INFORMATION  NECESSARY
 FOR A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD.
 A. 1018--A                          3
 
   (B)  IF  THE  STATE  CONTRACTS  WITH NON-STATE ENTITIES TO DEVELOP, IN
 WHOLE OR IN PART, THE TECHNOLOGY USED TO  IMPLEMENT  THE  PROVISIONS  OF
 THIS SECTION, IT SHALL REQUIRE SUCH ENTITIES TO USE OPEN-SOURCE TECHNOL-
 OGY.  ANY SUCH CONTRACTS SHALL MANDATE THAT THE RESULTING PRODUCT OR APP
 IS OWNED BY THE STATE, TO THE EXTENT PRACTICABLE, AND THAT DATA SUPPLIED
 BY  THE  STATE FOR DEVELOPMENT OF THE RESULTING PRODUCT OR APP SHALL NOT
 BE USED BY THE NON-STATE ENTITY IN ANY OTHER PRODUCT OR  APP.  ALL  APPS
 RESULTING FROM SUCH CONTRACT SHALL BE CONTROLLED BY THE STATE.
   (C)  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-
 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  PROGRAM  ESTABLISHED  BY  THE  DEPARTMENT
 PURSUANT TO THIS SECTION SHALL NOT BE REQUIRED TO USE A DIGITAL DRIVER'S
 LICENSE  OR  NON-DRIVER IDENTIFICATION CARD RATHER THAN A PHYSICAL DRIV-
 ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD FOR THE PURPOSE OF  IDEN-
 TITY VERIFICATION, NOR SHALL THEIR PARTICIPATION IN THE PROGRAM PRECLUDE
 THEIR  USE  OF  A PHYSICAL DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION
 CARD UNDER ANY CIRCUMSTANCES.
 A. 1018--A                          4

   (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 PROGRAM MAY INCLUDE THE ISSUANCE OF A MOBILE OR DIGITAL REAL ID
 DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD UPON AUTHORIZATION OF
 THE UNITED STATES SECRETARY OF HOMELAND SECURITY.
   7.  THE  PROVISION  OF  A  MOBILE OR DIGITAL ALTERNATIVE TO A DRIVER'S
 LICENSE OR NON-DRIVER IDENTIFICATION CARD TO A LAW  ENFORCEMENT  OFFICER
 FOR  IDENTITY VERIFICATION DURING A TRAFFIC VIOLATION STOP OR OTHER TYPE
 OF STOP SHALL NOT BE DEEMED AS PROVIDING CONSENT  TO  A  SEARCH  OF  THE
 DEVICE UPON WHICH SUCH MOBILE OR DIGITAL ALTERNATIVE IS DISPLAYED.
   §  2.  The  executive  law is amended by adding a new section 382-c to
 read as follows:
   § 382-C. SEARCH OF DIGITAL DEVICE.  NO  POLICE  AGENCY,  PROSECUTORIAL
 AGENCY  OR  OTHER  LAW  ENFORCEMENT  AGENCY SHALL CONDUCT A SEARCH OF AN
 ELECTRONIC DEVICE USED TO DISPLAY A MOBILE OR DIGITAL ALTERNATIVE  TO  A
 DRIVER'S  LICENSE OR NON-DRIVER IDENTIFICATION CARD TO A LAW ENFORCEMENT
 OFFICER FOR PURPOSES  OF  IDENTITY  VERIFICATION  IN  VIOLATION  OF  THE
 PROVISIONS  OF  SUBDIVISION  SEVEN OF SECTION FIVE HUNDRED FOUR-A OF THE
 VEHICLE AND TRAFFIC LAW. NO POLICE AGENCY, PROSECUTORIAL AGENCY OR OTHER
 LAW ENFORCEMENT AGENCY SHALL SEEK THE CONSENT OF THE OWNER  OR  USER  OF
 THE ELECTRONIC DEVICE TO CONDUCT A SEARCH OF THE DEVICE.
   § 3. This act shall take effect January 1, 2026.

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Assembly Bill A1018A

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Sponsored By

SOLAGES

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

John Zaccaro Jr.

2023-A1018 - Details

2023-A1018 - Summary

2023-A1018 - Bill Text download pdf

co-Sponsors

John Zaccaro Jr.

2023-A1018A (ACTIVE) - Details

2023-A1018A (ACTIVE) - Summary

2023-A1018A (ACTIVE) - Bill Text download pdf

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