STATE OF NEW YORK
        ________________________________________________________________________

                                          9492

                    IN SENATE

                                      July 5, 2022
                                       ___________

        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
          relation  to  requiring  drivers' licenses to include a distinguishing
          mark indicating that the licensee has a permit to  carry  a  concealed
          firearm

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Subdivision 1 of section 504 of the  vehicle  and  traffic
     2  law is amended by adding a new paragraph (c) to read as follows:
     3    (c)  Every  license  or renewal thereof shall contain a distinguishing
     4  mark, in such form as the commissioner shall determine, indicating  that
     5  the  licensee  has  a  permit  to  carry a concealed firearm pursuant to
     6  subdivision two of section 400.00 of the penal law.    The  commissioner
     7  shall not require fees for the issuance of such license or renewal ther-
     8  eof  to  persons who have a permit to carry a concealed weapon which are
     9  different from the  fees  required  for  the  issuance  of  licenses  or
    10  renewals  thereof  to  persons  who  do  not  have  a  permit to carry a
    11  concealed weapon.
    12    § 2. Section 400.02 of the penal law, as amended by chapter 244 of the
    13  laws of 2019, is amended to read as follows:
    14  § 400.02 Statewide license and record database.
    15    There shall be a statewide license and record database which shall  be
    16  created and maintained by the division of state police the cost of which
    17  shall  not  be borne by any municipality. Records assembled or collected
    18  for purposes of inclusion in such  database  shall  not  be  subject  to
    19  disclosure  pursuant  to article six of the public officers law. Records
    20  containing granted license applications shall be periodically checked by
    21  the division of criminal justice services against  criminal  conviction,
    22  mental health, and all other records as are necessary to determine their
    23  continued accuracy as well as whether an individual is no longer a valid
    24  license  holder.  The  division  of criminal justice services shall also
    25  check pending applications made pursuant to this  article  against  such
    26  records  to  determine whether a license may be granted. All state agen-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16096-01-2

        S. 9492                             2

     1  cies shall cooperate with the division of criminal justice services,  as
     2  otherwise  authorized by law, in making their records available for such
     3  checks. The division of criminal justice services, upon determining that
     4  an  individual  is  ineligible  to  possess a license, or is no longer a
     5  valid license holder, shall notify the applicable licensing official  of
     6  such determination and such licensing official shall not issue a license
     7  or  revoke such license and any weapons owned or possessed by such indi-
     8  vidual shall be removed consistent with the  provisions  of  subdivision
     9  eleven  of  section 400.00 of this article. Local and state law enforce-
    10  ment shall have access to such database  in  the  performance  of  their
    11  duties.  Records assembled or collected for purposes of inclusion in the
    12  database established by this section shall be  released  pursuant  to  a
    13  court order; provided, however, that the commissioner of motor vehicles,
    14  or their designee, shall be authorized to access the database solely for
    15  the  purpose  of ascertaining the names of persons who have a license to
    16  carry a concealed firearm in order to meet the requirements of paragraph
    17  (c) of subdivision one of section five hundred four of the  vehicle  and
    18  traffic law.
    19    § 3.  This act shall take effect immediately.