Bill Text: NY S02237 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes the department of motor vehicles to issue limited purpose drivers' licenses to certain applicants.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S02237 Detail]

Download: New_York-2015-S02237-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2237
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2015
                                      ___________
       Introduced  by  Sen. PERALTA -- 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  department  of  motor  vehicles to issue limited purpose drivers'
         licenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 503-a to read as follows:
    3    S 503-A. LIMITED PURPOSE DRIVERS' LICENSES. 1. THE  DEPARTMENT  SHALL,
    4  SUBJECT TO THE REQUIREMENTS OF THIS SECTION, ISSUE A DRIVER'S LICENSE TO
    5  AN  APPLICANT  FOR  A DRIVER'S LICENSE WHO MEETS THE APPLICABLE REQUIRE-
    6  MENTS OF THIS CHAPTER BUT WHO IS UNABLE TO SATISFY THE FORMS  FOR  PROOF
    7  OF IDENTITY PRESCRIBED IN SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
    8    2.  TO  BE  ELIGIBLE  FOR  A  DRIVER'S LICENSE UNDER THIS SECTION, THE
    9  APPLICANT MUST:
   10    (A) PRESENT TO THE DEPARTMENT PROOF OF IDENTITY ON TERMS IDENTICAL  TO
   11  THOSE  REQUIRED  BY  THE  DEPARTMENT'S  FORM  ID-44,  WITH THE FOLLOWING
   12  EXEMPTIONS:
   13    (I) THE FOLLOWING DOCUMENTS SHALL BE ACCEPTED AS THREE POINTS OF PROOF
   14  OF NAME, AS WELL AS PROOF OF DATE OF BIRTH: (A) A  CURRENT  PHOTO  IDEN-
   15  TIFICATION  CARD  ISSUED TO THE APPLICANT BY THE EMBASSY OR CONSULATE IN
   16  THE UNITED STATES OF HIS OR HER COUNTRY OF CITIZENSHIP;  (B)  A  CURRENT
   17  IDENTIFICATION DOCUMENT ISSUED TO THE APPLICANT BY THE GOVERNMENT OF HIS
   18  OR  HER COUNTRY OF CITIZENSHIP; OR (C) AN OFFICIAL MUNICIPAL IDENTIFICA-
   19  TION CARD ISSUED BY A MUNICIPALITY WITHIN THE STATE.
   20    (II) THE DEPARTMENT SHALL ACCEPT EITHER OF THE FOLLOWING AS TWO POINTS
   21  OF PROOF OF NAME: AN INDIVIDUAL  TAXPAYER  IDENTIFICATION  NUMBER  OR  A
   22  SWORN  STATEMENT  UNDER  THE PENALTY OF PERJURY, STATING THE APPLICANT'S
   23  IDENTITY, AND THE FACT THAT HE OR SHE HAS NOT BEEN ISSUED A SOCIAL SECU-
   24  RITY NUMBER.
   25    (III) AN OTHERWISE VALID FOREIGN PASSPORT SHALL  NOT  BE  REQUIRED  TO
   26  INCLUDE  AN  I-551 STAMP, AND SHALL BE ACCEPTED AS THREE POINTS OF PROOF
   27  OF NAME AS WELL AS PROOF OF DATE OF BIRTH.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00432-01-5
       S. 2237                             2
    1    (IV) THE FOLLOWING DOCUMENTS SHALL BE ACCEPTED AS TWO POINTS OF  PROOF
    2  OF  NAME,  AS  WELL AS PROOF OF DATE OF BIRTH: A CERTIFIED BIRTH CERTIF-
    3  ICATE FROM THE APPLICANT'S COUNTRY OF CITIZENSHIP, OR A CONSULAR  REPORT
    4  OF THE APPLICANT'S BIRTH.
    5    (V)  ANY  FEDERAL DEPARTMENT OF HOMELAND SECURITY DOCUMENTATION LISTED
    6  ON THE DEPARTMENT'S FORM ID-44 AS PROOF OF IDENTITY SHALL BE ACCEPTED AS
    7  THREE POINTS OF PROOF OF NAME AS WELL AS PROOF OF DATE OF BIRTH EVEN  IF
    8  THE AUTHORIZATION PERIOD LISTED THEREIN HAS EXPIRED.
    9    (VI) OFFICIAL RECORDS FROM A RELIGIOUS ENTITY CONFIRMING PARTICIPATION
   10  IN A RELIGIOUS CEREMONY SHALL BE ACCEPTED AS ONE POINT OF PROOF OF NAME,
   11  THOUGH NOT AS PROOF OF DATE OF BIRTH.
   12    (B)  SUBMIT  PROOF  OF AN ESTABLISHED RESIDENCY IN THIS STATE ON TERMS
   13  IDENTICAL TO THE PROOF OF RESIDENCY  REQUIREMENTS  IN  THE  DEPARTMENT'S
   14  FORM  ID-44EDL,  EXCEPT  THAT  A  COPY OF A MONEY ORDER RECEIPT WITH THE
   15  APPLICANT'S NAME AND ADDRESS, SENT TO A LOCATION IN THIS  STATE  FROM  A
   16  FOREIGN  COUNTRY,  OR FROM A LOCATION IN THIS STATE TO A FOREIGN COUNTRY
   17  SHALL BE ACCEPTED AS ONE OF TWO DOCUMENTS FOR PROOF OF RESIDENCY IN THIS
   18  STATE.
   19    3. LICENSES ISSUED PURSUANT TO THIS SECTION SHALL  BE  VALID  FOR  THE
   20  SAME  DURATION  OF TIME AS LICENSES OF THE SAME CLASS ISSUED PURSUANT TO
   21  SECTION FIVE HUNDRED THREE OF THIS ARTICLE.
   22    4.  EACH DRIVER'S LICENSE ISSUED OR RENEWED PURSUANT TO  THIS  SECTION
   23  SHALL  INCLUDE  THE  FOLLOWING  NOTICE PRINTED ON THE FACE THEREOF: "NOT
   24  ACCEPTABLE FOR FEDERAL PURPOSES". THIS NOTICE SHALL BE IN THE SAME  FONT
   25  AND  COLOR AS THE TEXT ON THE FACE OF A DRIVER'S LICENSE ISSUED PURSUANT
   26  TO SECTION FIVE HUNDRED THREE OF THIS ARTICLE,  WITH  NO  OTHER  DISTIN-
   27  GUISHABLE FEATURES.
   28    5. IN THE EVENT THE FEDERAL DEPARTMENT OF HOMELAND SECURITY DETERMINES
   29  A  LICENSE ISSUED PURSUANT TO THIS SECTION DOES NOT SATISFY THE REQUIRE-
   30  MENTS OF SECTION 37.71 OF TITLE 6 OF THE CODE  OF  FEDERAL  REGULATIONS,
   31  ADOPTED  PURSUANT TO PARAGRAPH (11) OF SUBDIVISION (D) OF SECTION 202 OF
   32  THE REAL ID ACT OF 2005 (PUBLIC LAW 109-13), THE COMMISSIONER SHALL,  IN
   33  CONSULTATION  WITH THE DEPARTMENT OF LAW AND THE OFFICE OF NEW AMERICANS
   34  OF THE DEPARTMENT OF STATE, MODIFY THE LICENSE ONLY TO THE EXTENT NECES-
   35  SARY TO SATISFY THE REQUIREMENT OF SUCH SECTION.
   36    6. A DRIVER'S LICENSE ISSUED PURSUANT TO THIS  SECTION  SHALL  NOT  BE
   37  USED  AS EVIDENCE OF THE HOLDER'S CITIZENSHIP OR IMMIGRATION STATUS, AND
   38  SHALL NOT BE USED AS A BASIS FOR A  CRIMINAL  INVESTIGATION,  ARREST  OR
   39  DETENTION IN CIRCUMSTANCES WHERE A HOLDER OF A DRIVER'S LICENSE THAT WAS
   40  NOT  ISSUED  PURSUANT  TO  THIS SECTION WOULD NOT BE CRIMINALLY INVESTI-
   41  GATED, ARRESTED OR DETAINED.
   42    7. IT SHALL BE A VIOLATION OF LAW INCLUDING BUT NOT LIMITED TO,  ARTI-
   43  CLE  FIFTEEN OF THE EXECUTIVE LAW, TO DISCRIMINATE AGAINST AN INDIVIDUAL
   44  BECAUSE HE OR SHE APPLIES FOR, HOLDS OR PRESENTS A LICENSE ISSUED PURSU-
   45  ANT TO THIS SECTION.
   46    8. INFORMATION COLLECTED PURSUANT TO THIS SECTION SHALL NOT BE  DEEMED
   47  TO  BE  A  PUBLIC  RECORD  AND SHALL NOT BE DISCLOSED BY THE DEPARTMENT,
   48  EXCEPT AS REQUIRED BY LAW.
   49    9. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY  LAW,  A  LICENSE  ISSUED
   50  PURSUANT  TO  THIS  SECTION  MAY  BE USED AS LEGAL IDENTIFICATION OF THE
   51  HOLDER TO WHOM THE LICENSE IS ISSUED.
   52    S 2. This act shall take effect one year after it shall have become  a
   53  law;  provided,  however,  that the commissioner of motor vehicles shall
   54  promulgate any rules and regulations necessary for the timely  implemen-
   55  tation of the provisions of this act on or before such effective date.