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) 2019-03-01 - 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     2  law is REPEALED and a new subdivision 1 is added to read as follows: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.
                                                                   LBD10392-01-9

        S. 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 a

        S. 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 clear
     5  and conspicuous type:
     6    "You  must  fill out the following section: Would you like to be added
     7  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
     8  tion'."
     9    The  commissioner  of  the  department  of  health  shall not maintain
    10  records of any person who checks "skip this question". Failure to  check
    11  a  box  shall  not impair the validity of an application, and failure to
    12  check "yes" or checking "skip this question" shall not be  construed  to
    13  imply  a  wish not to donate. In the case of an applicant under eighteen
    14  years of age, checking "yes" shall not constitute  consent  to  make  an
    15  anatomical  gift  or  registration  in the donate life registry. When an
    16  applicant has previously consented to make an anatomical gift or  regis-
    17  tered  in  the  donate  life  registry, checking "skip this question" or
    18  failing 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 the

        S. 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.
feedback