S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2475
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  providing
   for electronic credentials
 
   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.  ELECTRONIC  CREDENTIALS.  1.  AS  USED IN THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CREDENTIAL HOLDER" MEANS THE INDIVIDUAL  TO  WHOM  AN  ELECTRONIC
 CREDENTIAL IS ISSUED.
   (B)  "DATA  FIELD"  MEANS  A  DISCRETE PIECE OF INFORMATION PRINTED OR
 OTHERWISE APPEARING ON A LICENSE OR AN IDENTIFICATION CARD.
   (C) "ELECTRONIC CREDENTIAL" MEANS AN ELECTRONIC  REPRESENTATION  OF  A
 LICENSE, AN IDENTIFICATION CARD, OR A DATA FIELD.
   (D)  "FULL PROFILE" MEANS ALL THE INFORMATION PROVIDED ON A LICENSE OR
 AN IDENTIFICATION CARD.
   (E) "LIMITED PROFILE" MEANS A PORTION OF THE INFORMATION PROVIDED ON A
 LICENSE OR AN IDENTIFICATION CARD.
   2. (A) THE COMMISSIONER SHALL ISSUE AN  ELECTRONIC  CREDENTIAL  TO  AN
 INDIVIDUAL IN ADDITION TO, AND NOT INSTEAD OF, A LICENSE OR AN IDENTIFI-
 CATION CARD IF THE COMMISSIONER HAS ISSUED TO THE INDIVIDUAL:
   (I) A LICENSE UNDER THIS ARTICLE; OR
   (II) AN IDENTIFICATION CARD UNDER ARTICLE SEVENTEEN-A OF THIS CHAPTER.
   (B)  THE  COMMISSIONER  SHALL ENTER INTO AGREEMENTS WITH ANY AGENCY OF
 THE STATE, ANOTHER STATE, OR THE UNITED STATES AS NECESSARY  TO  FACILI-
 TATE  THE  ISSUANCE,  USE,  AND  VERIFICATION  OF ELECTRONIC CREDENTIALS
 ISSUED BY THE COMMISSIONER OR ANOTHER STATE.
   (C) THE COMMISSIONER SHALL CREATE AN ELECTRONIC CREDENTIAL THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03250-01-3
 A. 2475                             2
              

 
   (I) IS CAPABLE OF PRODUCING BOTH A FULL PROFILE AND A LIMITED PROFILE;
 AND
   (II) SATISFIES THE PURPOSE FOR WHICH THE PROFILE IS BEING PRESENTED.
   (D)  THE  COMMISSIONER  SHALL  DESIGN  SUCH ELECTRONIC CREDENTIAL IN A
 MANNER THAT ALLOWS THE CREDENTIAL HOLDER TO MAINTAIN PHYSICAL POSSESSION
 OF THE DEVICE ON WHICH THE  ELECTRONIC  CREDENTIAL  IS  ACCESSED  DURING
 VERIFICATION.
   3. (A) THE COMMISSIONER SHALL CREATE AND OPERATE A VERIFICATION SYSTEM
 FOR ELECTRONIC CREDENTIALS.
   (B)  (I)  ACCESS  TO  THE  VERIFICATION SYSTEM AND ANY DATA FIELD BY A
 PERSON PRESENTED WITH AN ELECTRONIC CREDENTIAL SHALL REQUIRE THE CONSENT
 OF THE CREDENTIAL HOLDER.
   (II) IF CONSENT IS GRANTED UNDER SUBPARAGRAPH (I) OF  THIS  PARAGRAPH,
 THE COMMISSIONER SHALL RELEASE THROUGH THE VERIFICATION SYSTEM:
   (1)  FOR  A  FULL PROFILE, ALL DATA FIELDS THAT APPEAR ON THE PHYSICAL
 CREDENTIAL THAT CORRESPONDS WITH THE ELECTRONIC CREDENTIAL THAT IS BEING
 VERIFIED; OR
   (2) FOR A LIMITED PROFILE, ONLY THE DATA  FIELDS  REPRESENTED  IN  THE
 LIMITED  PROFILE  FOR  THE PHYSICAL CREDENTIAL THAT CORRESPONDS WITH THE
 ELECTRONIC CREDENTIAL THAT IS BEING VERIFIED.
   (C) A THIRD PARTY MAY ADMINISTER ON BEHALF  OF  THE  COMMISSIONER  ANY
 SYSTEM  DEVELOPED  TO  FACILITATE THE ISSUANCE, VERIFICATION, AND USE OF
 ELECTRONIC CREDENTIALS.
   4. THE COMMISSIONER MAY CHARGE A FEE FOR:
   (A) THE ISSUANCE OF AN ELECTRONIC CREDENTIAL; AND
   (B) THE USE OF AN ELECTRONIC VERIFICATION SYSTEM.
   5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN ELECTRONIC
 CREDENTIAL ISSUED PURSUANT TO THE PROVISIONS OF THIS  SECTION  SHALL  BE
 ACCEPTED  IN  PLACE OF THE DRIVER'S LICENSE OR IDENTIFICATION CARD WHICH
 CORRESPONDS TO SUCH ELECTRONIC CREDENTIAL WHERE THE PERSON TO WHICH  THE
 ELECTRONIC CREDENTIAL IS PRESENTED HAS ACCESS TO THE VERIFICATION SYSTEM
 ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   6.  THE  COMMISSIONER SHALL PROMULGATE ANY RULES OR REGULATIONS NECES-
 SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.