S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2651
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 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  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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03254-02-5
              

 A. 2651                             2
 
 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.
   (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-
 A. 2651                             3
 
 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.
   (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.
 A. 2651                             4
 
   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, 2027.