S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5395
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to repealing
   the driver's  license  access  and  privacy  act;  to  repeal  certain
   provisions  of  such  law relating thereto; and to repeal section 7 of
   chapter 39 of the laws of 2019, amending the vehicle and  traffic  law
   relating to the issuance of non-commercial drivers' licenses and lear-
   ners' permits; and to repeal subdivision 1 of section 502 of the vehi-
   cle and traffic law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 8, 9, 10, 11, and 12 of  section  201  of  the
 vehicle and traffic law are REPEALED.
   §  2.  Subdivision  1 of section 502 of the vehicle and traffic law is
 REPEALED and a new subdivision 1 is added to read as follows:
   1. APPLICATION FOR LICENSE. APPLICATION FOR A DRIVER'S  LICENSE  SHALL
 BE  MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE SUBMITTED
 WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI-
 TY, AGE, AND FITNESS AS MAY  BE  REQUIRED  BY  THE  COMMISSIONER.    THE
 COMMISSIONER  MAY  ALSO  PROVIDE  THAT  THE  APPLICATION PROCEDURE SHALL
 INCLUDE THE TAKING OF A PHOTO  IMAGE  OR  IMAGES  OF  THE  APPLICANT  IN
 ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN
 ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
 HIS  OR HER SOCIAL SECURITY NUMBER AND SHALL PROVIDE SPACE ON THE APPLI-
 CATION SO THAT THE APPLICANT MAY REGISTER IN THE NEW  YORK  STATE  ORGAN
 AND  TISSUE  DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF THE
 PUBLIC HEALTH LAW WITH THE FOLLOWING STATED ON THE APPLICATION IN  CLEAR
 AND CONSPICUOUS TYPE:
   "YOU  MUST  FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
 TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES'  OR  'SKIP  THIS  QUES-
 TION'."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08904-01-3
              

 A. 5395                             2
 
   THE  COMMISSIONER  OF  HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON
 WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
 PERSON OR ELECTRONICALLY, FAILURE TO CHECK A BOX SHALL  NOT  IMPAIR  THE
 VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP
 THIS  QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN
 THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS  OF  AGE,  CHECKING  "YES"
 SHALL  NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION
 IN THE DONATE LIFE REGISTRY, EXCEPT AS OTHERWISE  PROVIDED  PURSUANT  TO
 THE  PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-
 THREE HUNDRED ONE OF THE PUBLIC  HEALTH  LAW.  WHERE  AN  APPLICANT  HAS
 PREVIOUSLY  CONSENTED  TO  MAKE  AN ANATOMICAL GIFT OR REGISTERED IN THE
 DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO  CHECK
 A  BOX  SHALL  NOT  IMPAIR THAT CONSENT OR REGISTRATION. IN ADDITION, AN
 APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE  A  COMMER-
 CIAL MOTOR VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH APPLI-
 CANT  MEETS  THE  REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS
 SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE  CODE  OF
 FEDERAL  REGULATIONS,  AND  ALL  REGULATIONS  PROMULGATED  BY THE UNITED
 STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS  TRANS-
 PORTATION  ACT.  IN  ADDITION,  AN  APPLICANT  FOR A COMMERCIAL DRIVER'S
 LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED
 BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND  PART
 383.71(H)  OF  TITLE  49  OF THE CODE OF FEDERAL REGULATIONS RELATING TO
 MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED  BY  THE  COMMISSIONER.
 FOR  PURPOSES  OF  THIS  SECTION  AND  SECTIONS FIVE HUNDRED THREE, FIVE
 HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA OF THIS TITLE, THE TERMS "MEDICAL
 CERTIFICATE" AND "MEDICAL CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY
 IN COMPLIANCE WITH THE FORM SET FORTH IN PART 391.43(H) OF TITLE  49  OF
 THE CODE OF FEDERAL REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF
 A COMMERCIAL DRIVER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT
 TO  THE APPLICATION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH
 LICENSE.
   § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle  and
 traffic law, as amended by chapter 37 of the laws of 2019, is amended to
 read as follows:
   (a)  A  license  issued  pursuant  to subdivision five of this section
 shall be valid until the expiration date contained thereon, unless  such
 license  is suspended, revoked or cancelled. Such license may be renewed
 by submission of an application for renewal, the fee prescribed by  law,
 proofs  of  prior licensing, fitness and acceptable vision prescribed by
 the commissioner, the applicant's social security number  [or,  in  lieu
 thereof,  with  respect  to an application for a non-commercial driver's
 license or learner's permit which does not meet  federal  standards  for
 identification, an affidavit signed by such applicant that they have not
 been  issued  a  social security number], and if required by the commis-
 sioner, a photo image of the applicant in such numbers and form  as  the
 commissioner shall prescribe. In addition, an applicant for renewal of a
 license  containing a hazardous material endorsement shall pass an exam-
 ination to retain such endorsement. The commissioner shall, with respect
 to the renewal of a hazardous materials  endorsement,  comply  with  the
 requirements  imposed  upon  states  by  sections 383.141 and 1572.13 of
 title 49 of the code of federal regulations. A renewal of  such  license
 shall  be  issued by the commissioner upon approval of such application,
 except that no such license shall be issued if  its  issuance  would  be
 inconsistent with the provisions of section five hundred sixteen of this
 title, and except that the commissioner may refuse to renew such license
 A. 5395                             3
 
 if the applicant is the holder of a currently valid or renewable license
 to drive issued by another state or foreign country unless the applicant
 surrenders such license.
   §  4.  Subdivisions  7 and 8 of section 502 of the vehicle and traffic
 law are REPEALED and a new subdivision 7 is added to read as follows:
   7. COMPLIANCE WITH SELECTIVE SERVICE ACT REQUIRED. (A) ALL PERSONS WHO
 ARE AT LEAST EIGHTEEN YEARS OF AGE BUT LESS THAN TWENTY-SIX YEARS OF AGE
 WHO APPLY TO THE COMMISSIONER FOR A LEARNER'S PERMIT, DRIVER'S  LICENSE,
 RENEWAL  OF  LICENSE, OR NON-DRIVER'S IDENTIFICATION CARD, SHALL EITHER:
 (I) BE IN COMPLIANCE WITH THE REQUIREMENTS  OF  THE  MILITARY  SELECTIVE
 SERVICE  ACT  AS PROVIDED FOR PURSUANT TO 50 U.S.C. APP 451 ET. SEQ., AS
 AMENDED, OR (II) CONSENT TO PERMIT  THE  COMMISSIONER  TO  FORWARD  SUCH
 INFORMATION  AS  IS REQUIRED TO REGISTER SUCH INDIVIDUAL WITH THE SELEC-
 TIVE SERVICE SYSTEM, IF SUCH INDIVIDUAL MUST BE REGISTERED  PURSUANT  TO
 SUCH ACT.
   (B)  THE COMMISSIONER SHALL FORWARD IN AN ELECTRONIC FORMAT THE NECES-
 SARY PERSONAL INFORMATION REQUIRED FOR REGISTRATION OF SUCH  INDIVIDUALS
 SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  WITH THE SELECTIVE
 SERVICE SYSTEM. SUCH INDIVIDUAL'S APPLICATION TO THE COMMISSIONER FOR  A
 LEARNER'S  PERMIT,  DRIVER'S LICENSE, RENEWAL OF LICENSE OR NON-DRIVER'S
 IDENTIFICATION CARD SHALL SERVE AS AN INDICATION THAT THE APPLICANT  HAS
 ALREADY  REGISTERED WITH THE MILITARY SELECTIVE SERVICE ACT OR THAT SUCH
 INDIVIDUAL IS AUTHORIZING THE COMMISSIONER TO FORWARD TO  THE  SELECTIVE
 SERVICE  SYSTEM  THE  NECESSARY  INFORMATION  FOR SUCH SELECTIVE SERVICE
 REGISTRATION. THE COMMISSIONER  SHALL  NOTIFY  SUCH  APPLICANTS  ON  THE
 APPLICATION  FORM  THAT ANY APPLICATION FOR A LEARNER'S PERMIT, DRIVER'S
 LICENSE, RENEWAL OF LICENSE OR NON-DRIVER'S  IDENTIFICATION  CARD  SHALL
 SERVE  AS CONSENT TO BE REGISTERED WITH THE SELECTIVE SERVICE SYSTEM, IF
 SO REQUIRED BY FEDERAL LAW.
   § 5. Subdivisions 2 and 3 of section 508 of the  vehicle  and  traffic
 law,  as  amended by chapter 37 of the laws of 2019, are amended to read
 as follows:
   2. Any application required to be filed under this article shall be in
 a manner and on a form or forms  prescribed  by  the  commissioner.  The
 applicant shall furnish all information required by statute and[, except
 as  otherwise  provided  in  this  title,] such other information as the
 commissioner shall deem appropriate.
   3. License record. The commissioner  shall  keep  a  record  of  every
 license  issued  which  record shall be open to public inspection during
 reasonable business hours. [Provided, however, that the following infor-
 mation whenever contained within the record of  non-commercial  drivers'
 licenses  and  learners' permits shall not be open to public inspection:
 the photo image, social security number, client  identification  number,
 name,  address,  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 iden-
 tification number associated with a public  utilities  account,  medical
 information  or  disability information of any holders of, or applicants
 for, such licenses and permits, and whether  such  licenses  or  permits
 meet  federal standards for identification or do not meet federal stand-
 ards for identification.] Neither the commissioner nor his  agent  shall
 be  required  to allow the inspection of an application, or to furnish a
 copy thereof, or information therefrom, until a license has been  issued
 thereon.
 A. 5395                             4
 
   § 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle
 and  traffic  law  relating  to  the issuance of non-commercial drivers'
 licenses and learners' permits, is REPEALED.
   §  7.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.