Bill Text: NY S04148 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the issuance of driver's licenses and emergency medical personnel designation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S04148 Detail]
Download: New_York-2019-S04148-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4148 2019-2020 Regular Sessions IN SENATE March 1, 2019 ___________ Introduced by Sens. PARKER, RIVERA -- 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 issuance of driver's licenses and emergency medical personnel designation; 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. Subdivision 1 of section 502 of the vehicle and traffic 2 law is REPEALED and a new subdivision 1 is added to read as follows: 3 1. Application for license. Application for a driver's license shall 4 be made to the commissioner. The fee prescribed by law may be submitted 5 with such application. The applicant shall furnish such proof of identi- 6 ty, age, and fitness as may be required by the commissioner. Acceptable 7 proof of identity shall include, but not be limited to foreign passports 8 (visa stamps are not required), valid documentation issued by USCIS and 9 consular identification documents. Eligibility for a drivers' license 10 shall not be conditioned on a particular immigration status. The commis- 11 sioner may also provide that the application procedure shall include the 12 taking of a photo image or images of the applicant in accordance with 13 rules and regulations prescribed by the commissioner. In addition, the 14 commissioner also shall require that the applicant provide his or her 15 social security number where such applicant is a legal immigrant, or 16 individual taxpayer identification number (ITIN) or a letter or form 17 from the United States social security administration that states that 18 the applicant is not eligible or submit a sworn statement under the 19 penalty of perjury, stating that the applicant does not have a social 20 security number or ITIN, and shall provide space on the application so 21 that the applicant may register in the New York state organ and tissue 22 donor registry under section forty-three hundred ten of the public 23 health law with the following stated on the application in clear and 24 conspicuous type: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10392-01-9S. 4148 2 1 "You must fill out the following section: Would you like to be added 2 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 3 tion'." 4 The commissioner of the department of health shall not maintain 5 records of any person who checks "skip this question". Failure to check 6 a box shall not impair the validity of an application, and failure to 7 check "yes" or checking "skip this question" shall not be construed to 8 imply a wish not to donate. In the case of an applicant under eighteen 9 years of age, checking "yes" shall not constitute consent to make an 10 anatomical gift or registration in the donate life registry. Where an 11 applicant has previously consented to make an anatomical gift or regis- 12 tered in the donate life registry, checking "skip this question" or 13 failing to check a box shall not impair that consent or registration. In 14 addition, the commissioner also shall require that space shall be 15 provided on the application so that the applicant may request a notation 16 upon such license that he or she is a veteran of the United States armed 17 forces and space so that the applicant may request a notation upon such 18 license that he or she is an emergency medical personnel. In addition, 19 an applicant for a commercial driver's license who will operate a 20 commercial motor vehicle in interstate commerce shall certify that such 21 applicant meets the requirements to operate a commercial motor vehicle, 22 as set forth in public law 99-570, title XII, and title 49 of the code 23 of federal regulations, and all regulations promulgated by the United 24 States secretary of transportation under the hazardous materials trans- 25 portation act. In addition, an applicant for a commercial driver's 26 license shall submit a medical certificate at such intervals as required 27 by the federal motor carrier safety improvement act of 1999 and Part 28 383.71(h) of title 49 of the code of federal regulations relating to 29 medical certification and in a manner prescribed by the commissioner. 30 For purposes of this section and sections five hundred three, five 31 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 32 certificate" and "medical certification" shall mean a form substantially 33 in compliance with the form set forth in Part 391.43(h) of title 49 of 34 the code of federal regulations. Upon a determination that the holder of 35 a commercial driver's license has made any false statement, with respect 36 to the application for such license, the commissioner shall revoke such 37 license. 38 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 39 added by section one of this act, is amended to read as follows: 40 1. Application for license. Application for a driver's license shall 41 be made to the commissioner. The fee prescribed by law may be submitted 42 with such application. The applicant shall furnish such proof of identi- 43 ty, age, and fitness as may be required by the commissioner. Acceptable 44 proof of identity shall include, but not be limited to foreign passports 45 (visa stamps are not required), valid documentation issued by USCIS and 46 consular identification documents. Eligibility for a drivers' license 47 shall not be conditioned on a particular immigration status. The 48 commissioner may also provide that the application procedure shall 49 include the taking of a photo image or images of the applicant in 50 accordance with rules and regulations prescribed by the commissioner. In 51 addition, the commissioner also shall require that the applicant provide 52 his or her social security number where such applicant is a legal immi- 53 grant, or individual taxpayer identification number (ITIN) or a letter 54 or form from the United States social security administration that 55 states that the applicant is not eligible or submit a sworn statement 56 under the penalty of perjury, stating that the applicant does not have aS. 4148 3 1 social security number of ITIN, and [shall] provide space on the appli- 2 cation so that the applicant may register in the New York state organ 3 and tissue donor registry under section forty-three hundred ten of the 4 public health law [with the following stated on the application in clear5and conspicuous type:6"You must fill out the following section: Would you like to be added7to the Donate Life Registry? Check box for 'yes' or 'skip this ques-8tion'."9The commissioner of the department of health shall not maintain10records of any person who checks "skip this question". Failure to check11a box shall not impair the validity of an application, and failure to12check "yes" or checking "skip this question" shall not be construed to13imply a wish not to donate. In the case of an applicant under eighteen14years of age, checking "yes" shall not constitute consent to make an15anatomical gift or registration in the donate life registry. When an16applicant has previously consented to make an anatomical gift or regis-17tered in the donate life registry, checking "skip this question" or18failing to check a box shall not impair that consent or registration]. 19 In addition, the commissioner also shall require that space shall be 20 provided on the application so that the applicant may request a notation 21 upon such license that he or she is a veteran of the United States armed 22 forces and space so that the applicant may request a notation upon such 23 license that he or she is an emergency medical personnel. In addition, 24 an applicant for a commercial driver's license who will operate a 25 commercial motor vehicle in interstate commerce shall certify that such 26 applicant meets the requirements to operate a commercial motor vehicle, 27 as set forth in public law 99-570, title XII, and title 49 of the code 28 of federal regulations, and all regulations promulgated by the United 29 States secretary of transportation under the hazardous materials trans- 30 portation act. In addition, an applicant for a commercial driver's 31 license shall submit a medical certificate at such intervals as required 32 by the federal motor carrier safety improvement act of 1999 and Part 33 383.71(h) of title 49 of the code of federal regulations relating to 34 medical certification and in a manner prescribed by the commissioner. 35 For purposes of this section and sections five hundred three, five 36 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 37 certificate" and "medical certification" shall mean a form substantially 38 in compliance with the form set forth in Part 391.43(h) of title 49 of 39 the code of federal regulations. Upon a determination that the holder of 40 a commercial driver's license has made any false statement, with respect 41 to the application for such license, the commissioner shall revoke such 42 license. 43 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 44 traffic law, as amended by section 3 of part K of chapter 59 of the laws 45 of 2009, is amended to read as follows: 46 (a) A license issued pursuant to subdivision five of this section 47 shall be valid until the expiration date contained thereon, unless such 48 license is suspended, revoked or cancelled. Such license may be renewed 49 by submission of an application for renewal, the fee prescribed by law, 50 proofs of prior licensing, fitness and acceptable vision prescribed by 51 the commissioner, the applicant's social security number, or individual 52 taxpayer identification number (ITIN) or a letter or form from the 53 United States social security administration that states that the appli- 54 cant is not eligible or submit a sworn statement under the penalty of 55 perjury, stating that the applicant does not have a social security 56 number or ITIN, and if required by the commissioner a photo image of theS. 4148 4 1 applicant in such numbers and form as the commissioner shall prescribe. 2 In addition, an applicant for renewal of a license containing a hazard- 3 ous material endorsement shall pass an examination to retain such 4 endorsement. The commissioner shall, with respect to the renewal of a 5 hazardous materials endorsement, comply with the requirements imposed 6 upon states by sections 383.141 and 1572.13 of title 49 of the code of 7 federal regulations. A renewal of such license shall be issued by the 8 commissioner upon approval of such application, except that no such 9 license shall be issued if its issuance would be inconsistent with the 10 provisions of section five hundred sixteen of this title, and except 11 that the commissioner may refuse to renew such license if the applicant 12 is the holder of a currently valid or renewable license to drive issued 13 by another state or foreign country unless the applicant surrenders such 14 license. 15 § 4. Subdivision 1 of section 504 of the vehicle and traffic law is 16 amended by adding a new paragraph (a-2) to read as follows: 17 (a-2) Every license or renewal thereof issued to an applicant who is 18 an emergency medical personnel, upon his or her request and submission 19 of proof as set forth herein, contain a distinguishing mark, in such 20 form as the commissioner shall determine, indicating that he or she is 21 an emergency medical personnel. Such proof shall consist of any proof 22 satisfactory to the commissioner. The commissioner shall not require 23 fees for the issuance of such licenses or renewals thereof to persons 24 requesting an emergency medical personnel notation which is different 25 from fees otherwise required. 26 § 5. This act shall take effect on the one hundred twentieth day after 27 it shall have become a law; provided, however, that section two of this 28 act shall take effect October 3, 2021.