Bill Text: NY A10171 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires a foreign driver's license used as a proof of age and identity to apply for a driver's license to be valid and unexpired and makes technical corrections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-24 - referred to transportation [A10171 Detail]

Download: New_York-2019-A10171-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10171

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
          Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to  application
          for  a  driver's license; and to repeal certain provisions of such law
          related thereto

          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 502 of the vehicle and traffic
     2  law, as amended by chapter 37 of the laws of 2019, is amended to read as
     3  follows:
     4    1. Application for license. Application for a driver's  license  shall
     5  be  made to the commissioner. The fee prescribed by law may be submitted
     6  with such application. The applicant shall furnish such proof of identi-
     7  ty, age, and fitness as  may  be  required  by  the  commissioner.  With
     8  respect  to  a non-commercial driver's license or learner's permit which
     9  does not meet federal standards for identification, in addition  to  the
    10  acceptable proofs of age and identity approved by the commissioner as of
    11  January first, two thousand nineteen, acceptable proof of identity shall
    12  also include, but not be limited to, a valid, unexpired foreign passport
    13  issued  by  the  applicant's country of citizenship (which shall also be
    14  eligible as proof of age), a valid,  unexpired  consular  identification
    15  document  issued by a consulate from the applicant's country of citizen-
    16  ship, or a valid, unexpired foreign driver's  license  that  includes  a
    17  photo image of the applicant [and which is unexpired or expired for less
    18  than  twenty-four months of its date of expiration,] as primary forms of
    19  such proof. Nothing contained in this subdivision  shall  be  deemed  to
    20  preclude  the  commissioner from approving additional proofs of identity
    21  and age, provided that any such proof must be both valid and  unexpired.
    22  The  commissioner  may also provide that the application procedure shall
    23  include the taking of a photo  image  or  images  of  the  applicant  in
    24  accordance with rules and regulations prescribed by the commissioner. In
    25  addition, the commissioner also shall require that the applicant provide
    26  his  or  her social security number or, in lieu thereof, with respect to
    27  an application for a non-commercial driver's license or learner's permit

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15517-01-0

        A. 10171                            2

     1  which does not meet federal standards for identification,  an  affidavit
     2  signed by such applicant that they have not been issued a social securi-
     3  ty  number. The commissioner also shall provide space on the application
     4  so  that  the applicant may request a notation upon such license that he
     5  or she is a veteran of the United States armed forces. The  commissioner
     6  also  shall  provide  space on the application so that the applicant may
     7  register in the New York state organ and  tissue  donor  registry  under
     8  section  forty-three  hundred  ten  of  the  public  health law with the
     9  following stated on the application in clear and 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 health shall not maintain records  of  any  person
    14  who checks "skip this question". Except where the application is made in
    15  person  or  electronically,  failure to check a box shall not impair the
    16  validity of an application, and failure to check "yes" or checking "skip
    17  this question" shall not be construed to imply a wish not to donate.  In
    18  the  case  of  an  applicant under eighteen years of age, checking "yes"
    19  shall not constitute consent to make an anatomical gift or  registration
    20  in  the  donate  life registry, except as otherwise provided pursuant to
    21  the provisions of paragraph (b) of subdivision  one  of  section  forty-
    22  three  hundred  one  of  the  public  health law. Where an applicant has
    23  previously consented to make an anatomical gift  or  registered  in  the
    24  donate  life registry, checking "skip this question" or failing to check
    25  a box shall not impair that consent or  registration.  In  addition,  an
    26  applicant  for  a commercial driver's license who will operate a commer-
    27  cial motor vehicle in interstate commerce shall certify that such appli-
    28  cant meets the requirements to operate a commercial  motor  vehicle,  as
    29  set  forth  in public law 99-570, title XII, and title 49 of the code of
    30  federal regulations, and  all  regulations  promulgated  by  the  United
    31  States  secretary of transportation under the hazardous materials trans-
    32  portation act. In addition,  an  applicant  for  a  commercial  driver's
    33  license shall submit a medical certificate at such intervals as required
    34  by  the  federal  motor  carrier safety improvement act of 1999 and Part
    35  383.71(h) of title 49 of the code of  federal  regulations  relating  to
    36  medical  certification  and  in a manner prescribed by the commissioner.
    37  For purposes of this section  and  sections  five  hundred  three,  five
    38  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    39  certificate" and "medical certification" shall mean a form substantially
    40  in  compliance  with the form set forth in Part 391.43(h) of title 49 of
    41  the code of federal regulations. Upon a determination that the holder of
    42  a commercial driver's license has made any false statement, with respect
    43  to the application for such license, the commissioner shall revoke  such
    44  license.
    45    §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
    46  amended by chapter 487 of the laws of 2012, is REPEALED.
    47    § 3. This act shall take effect immediately.
feedback