Bill Text: NY A00091 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to identification requirements for obtaining a driver's license.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A00091 Detail]
Download: New_York-2019-A00091-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 91 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to identifica- tion requirements for obtaining a driver's license; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of 2 section 490 of the vehicle and traffic law, as amended by chapter 487 of 3 the laws of 2012, is amended to read as follows: 4 (i) The commissioner shall upon submission of an appropriate applica- 5 tion, upon payment of the prescribed fee, and upon being satisfied that 6 the person described is the applicant and that such applicant meets the 7 requirements set forth in subdivision two of this section, issue to such 8 applicant a nontransferable identification card. In addition, the 9 commissioner also shall require that an applicant for an identification 10 card or renewal thereof provide his or her social security number or a 11 foreign passport as proof of identity, provided that the passport exhib- 12 its proof of the applicant's legal entry into the United States. The 13 commissioner shall provide space so that an applicant may request a 14 notation upon such identification card that he or she is a veteran of 15 the United States armed forces. 16 § 2. Subdivision 1 of section 502 of the vehicle and traffic law is 17 REPEALED and a new subdivision 1 is added to read as follows: 18 1. Application for license. Application for a driver's license shall 19 be made to the commissioner. The fee prescribed by law may be submitted 20 with such application. The applicant shall furnish such proof of identi- 21 ty, age, and fitness as may be required by the commissioner. The commis- 22 sioner may also provide that the application procedure shall include the 23 taking of a photo image or images of the applicant in accordance with EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05249-01-9A. 91 2 1 rules and regulations prescribed by the commissioner. In addition, the 2 commissioner also shall require that the applicant provide his or her 3 social security number or a foreign passport as proof of identity, 4 provided that the passport exhibits proof of the applicant's legal entry 5 into the United States, and shall provide space on the application so 6 that the applicant may register in the New York state organ and tissue 7 donor registry under section forty-three hundred ten of the public 8 health law with the following stated on the application in clear and 9 conspicuous type: 10 "You must fill out the following section: Would you like to be added 11 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 12 tion'." 13 The commissioner of the department of health shall not maintain 14 records of any person who checks "skip this question". Failure to check 15 a box shall not impair the validity of an application, and failure to 16 check "yes" or checking "skip this question" shall not be construed to 17 imply a wish not to donate. In the case of an applicant under eighteen 18 years of age, checking "yes" shall not constitute consent to make an 19 anatomical gift or registration in the donate life registry. Where an 20 applicant has previously consented to make an anatomical gift or regis- 21 tered in the donate life registry, checking "skip this question" or 22 failing to check a box shall not impair that consent or registration. 23 In addition, the commissioner shall provide space so that an applicant 24 may request a notation upon such identification card that he or she is a 25 veteran of the United States armed forces. In addition, an applicant for 26 a commercial driver's license who will operate a commercial motor vehi- 27 cle in interstate commerce shall certify that such applicant meets the 28 requirements to operate a commercial motor vehicle, as set forth in 29 public law 99-570, title XII, and title 49 of the code of federal regu- 30 lations, and all regulations promulgated by the United States secretary 31 of transportation under the hazardous materials transportation act. In 32 addition, an applicant for a commercial driver's license shall submit a 33 medical certificate at such intervals as required by the federal motor 34 carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of 35 the code of federal regulations relating to medical certification and in 36 a manner prescribed by the commissioner. For purposes of this section 37 and sections five hundred three, five hundred ten-a, and five hundred 38 ten-aa of this title, the terms "medical certificate" and "medical 39 certification" shall mean a form substantially in compliance with the 40 form set forth in Part 391.43(h) of title 49 of the code of federal 41 regulations. Upon a determination that the holder of a commercial driv- 42 er's license has made any false statement, with respect to the applica- 43 tion for such license, the commissioner shall revoke such license. 44 § 3. Subdivision 1 of section 502 of the vehicle and traffic law, as 45 added by section two of this act, is amended to read as follows: 46 1. Application for license. Application for a driver's license shall 47 be made to the commissioner. The fee prescribed by law may be submitted 48 with such application. The applicant shall furnish such proof of identi- 49 ty, age, and fitness as may be required by the commissioner. The commis- 50 sioner may also provide that the application procedure shall include the 51 taking of a photo image or images of the applicant in accordance with 52 rules and regulations prescribed by the commissioner. In addition, the 53 commissioner also shall require that the applicant provide his or her 54 social security number or a foreign passport as proof of identity, 55 provided that the passport exhibits proof of the applicant's legal entry 56 into the United States, and [shall] provide space on the application soA. 91 3 1 that the applicant may register in the New York state organ and tissue 2 donor registry under section forty-three hundred ten of the public 3 health law [with the following stated on the application in clear and4conspicuous type:5"You must fill out the following section: Would you like to be added6to the Donate Life Registry? Check box for 'yes' or 'skip this ques-7tion'."8The commissioner of the department of health shall not maintain9records of any person who checks "skip this question". Failure to check10a box shall not impair the validity of an application, and failure to11check "yes" or checking "skip this question" shall not be construed to12imply a wish not to donate. In the case of an applicant under eighteen13years of age, checking "yes" shall not constitute consent to make an14anatomical gift or registration in the donate life registry. Where an15applicant has previously consented to make an anatomical gift or regis-16tered in the donate life registry, checking "skip this question" or17failing to check a box shall not impair that consent or registration]. 18 In addition, the commissioner shall provide space so that an applicant 19 may request a notation upon such identification card that he or she is a 20 veteran of the United States armed forces. In addition, an applicant for 21 a commercial driver's license who will operate a commercial motor vehi- 22 cle in interstate commerce shall certify that such applicant meets the 23 requirements to operate a commercial motor vehicle, as set forth in 24 public law 99-570, title XII, and title 49 of the code of federal regu- 25 lations, and all regulations promulgated by the United States secretary 26 of transportation under the hazardous materials transportation act. In 27 addition, an applicant for a commercial driver's license shall submit a 28 medical certificate at such intervals as required by the federal motor 29 carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of 30 the code of federal regulations relating to medical certification and in 31 a manner prescribed by the commissioner. For purposes of this section 32 and sections five hundred three, five hundred ten-a, and five hundred 33 ten-aa of this title, the terms "medical certificate" and "medical 34 certification" shall mean a form substantially in compliance with the 35 form set forth in Part 391.43(h) of title 49 of the code of federal 36 regulations. Upon a determination that the holder of a commercial driv- 37 er's license has made any false statement, with respect to the applica- 38 tion for such license, the commissioner shall revoke such license. 39 § 4. This act shall take effect on the ninetieth day after it shall 40 have become a law; provided, however, that section three of this act 41 shall take effect October 3, 2020.
