NY State Senate Bill 2023-S8208

Senate Bill S8208

2023-2024 Legislative Session

Authorizes the commissioner of motor vehicles to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver's licenses and non-driver identification cards

download bill text pdf

Current Bill Status - In Senate Committee Transportation 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
Jan 12, 2024	referred to transportation

2023-S8208 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §504-a, V & T L

2023-S8208 (ACTIVE) - Summary

Authorizes the commissioner of motor vehicles to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver's licenses and non-driver identification cards if specified requirements are met; provides for the repeal of such provisions upon the expiration thereof.

2023-S8208 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8208

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to authorizing
the commissioner of motor vehicles to establish a pilot program to eval-
uate the use of optional mobile or digital alternatives to driver's
licenses and non-driver identification cards if specified requirements
are met; and to provide for the repeal of such provisions upon expira-
tion thereof

 
PURPOSE:

To amend the vehicles and traffic law, in relation to authorizing
commissioner of motor vehicles to establish a pilot program to evaluate
the use of optional mobile or digital alternatives to driver's license
and nondriver identification cards if specified requirements are met.

 
SUMMARY:

Section 1. Amends the vehicle and traffic law by adding a new section

504-a. Section 2. Sets the effective date.

 
JUSTIFICATION:

Electronic devices have become the default method of storing and sharing
personal information. From proof of vaccination, stock purchases, and
bank statements, to personal insurance information, New Yorkers utilize
their personal electronic devices as a digital wallet. The utility of
its leather counterpart has clearly declined.

Most people never leave home without their smartphone and with this
measure, they will never be without their driver's license or identifi-
cation. Many New Yorkers have been penalized for honest mistakes such as
losing their license or not updating their license with their most
recent information. Moreover, with a digital license, everyone will be
able to easily make any necessary updates to their information and help
to ensure that minor errors do not result in fees and other conse-
quences.

While privacy concerns exist for digital licenses, there exist risks for
physical licenses as well. In this era of innovation, we are confident
that a secure system will be established to protect the identity of all
New Yorkers, as this program is currently in place in other states. This
bill will also create cost savings for the state as it will cut down on
bureaucracy, and reduce the need to reissue physical documents.

 
RACIAL JUSTICE IMPACT:

TBD.

 
GENDER JUSTICE IMPACT:

TBD.

 
FISCAL IMPACT:

TBD.
 
LEGISLATIVE HISTORY:

2021-22: A8160; referred to transportation.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2030.

2023-S8208 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8208
 
                             I N  S E N A T E
 
                             January 12, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03743-01-3
 S. 8208                             2
 
 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-
 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-
 S. 8208                             3
 
 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.
   (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.

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