Bill Text: NY S05444 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the issuance of driver's licenses.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-02-10 - PRINT NUMBER 5444A [S05444 Detail]
Download: New_York-2013-S05444-Introduced.html
Bill Title: Relates to the issuance of driver's licenses.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-02-10 - PRINT NUMBER 5444A [S05444 Detail]
Download: New_York-2013-S05444-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5444
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sens. PARKER, HASSELL-THOMPSON, SAMPSON, SMITH -- 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 to repeal certain provisions of such law relat-
ing 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 section 1 of part D of chapter 58 of the laws of
3 2012, is amended to read as 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. ACCEPTABLE
8 PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED TO FOREIGN PASSPORTS
9 (VISA STAMPS ARE NOT REQUIRED), VALID DOCUMENTATION ISSUED BY USCIS AND
10 CONSULAR IDENTIFICATION DOCUMENTS. ELIGIBILITY FOR A DRIVER'S LICENSE
11 SHALL NOT BE CONDITIONED ON A PARTICULAR IMMIGRATION STATUS. The commis-
12 sioner may also provide that the application procedure shall include the
13 taking of a photo image or images of the applicant in accordance with
14 rules and regulations prescribed by the commissioner. In addition, the
15 commissioner also shall require that the applicant provide his or her
16 social security number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER
17 (ITIN) OR A LETTER OR FORM FROM THE UNITED STATES SOCIAL SECURITY ADMIN-
18 ISTRATION THAT STATES THAT THE APPLICANT IS NOT ELIGIBLE OR SUBMIT A
19 SWORN STATEMENT UNDER THE PENALTY OF PERJURY, STATING THAT THE APPLICANT
20 DOES NOT HAVE A SOCIAL SECURITY NUMBER OR ITIN, and provide space on the
21 application so that the applicant may register in the New York state
22 organ and tissue donor registry under section forty-three hundred ten of
23 the public health law. In addition, an applicant for a commercial driv-
24 er's license who will operate a commercial motor vehicle in interstate
25 commerce shall certify that such applicant meets the requirements to
26 operate a commercial motor vehicle, as set forth in public law 99-570,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11097-01-3
S. 5444 2
1 title XII, and title 49 of the code of federal regulations, and all
2 regulations promulgated by the United States secretary of transportation
3 under the hazardous materials transportation act. In addition, an appli-
4 cant for a commercial driver's license shall submit a medical certif-
5 icate at such intervals as required by the federal motor carrier safety
6 improvement act of 1999 and Part 383.71(h) of title 49 of the code of
7 federal regulations relating to medical certification and in a manner
8 prescribed by the commissioner. For purposes of this section and
9 sections five hundred three, five hundred ten-a, and five hundred ten-aa
10 of this title, the terms "medical certificate" and "medical certif-
11 ication" shall mean a form substantially in compliance with the form set
12 forth in Part 391.43(h) of title 49 of the code of federal regulations.
13 Upon a determination that the holder of a commercial driver's license
14 has made any false statement, with respect to the application for such
15 license, the commissioner shall revoke such license.
16 S 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
17 separately amended by chapters 465 and 487 of the laws of 2012, is
18 REPEALED and a new subdivision 1 is added to read as follows:
19 1. APPLICATION FOR LICENSE. APPLICATION FOR A DRIVER'S LICENSE SHALL
20 BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE SUBMITTED
21 WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI-
22 TY, AGE, AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER. ACCEPTABLE
23 PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED TO FOREIGN PASSPORTS
24 (VISA STAMPS ARE NOT REQUIRED), VALID DOCUMENTATION ISSUED BY USCIS AND
25 CONSULAR IDENTIFICATION DOCUMENTS. ELIGIBILITY FOR A DRIVERS' LICENSE
26 SHALL NOT BE CONDITIONED ON A PARTICULAR IMMIGRATION STATUS. THE COMMIS-
27 SIONER MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL INCLUDE THE
28 TAKING OF A PHOTO IMAGE OR IMAGES OF THE APPLICANT IN ACCORDANCE WITH
29 RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN ADDITION, THE
30 COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER
31 SOCIAL SECURITY NUMBER WHERE SUCH APPLICANT IS A LEGAL IMMIGRANT, OR
32 INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN) OR A LETTER OR FORM
33 FROM THE UNITED STATES SOCIAL SECURITY ADMINISTRATION THAT STATES THAT
34 THE APPLICANT IS NOT ELIGIBLE OR SUBMIT A SWORN STATEMENT UNDER THE
35 PENALTY OF PERJURY, STATING THAT THE APPLICANT DOES NOT HAVE A SOCIAL
36 SECURITY NUMBER OR ITIN, AND SHALL PROVIDE SPACE ON THE APPLICATION SO
37 THAT THE APPLICANT MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE
38 DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC
39 HEALTH LAW WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND
40 CONSPICUOUS TYPE:
41 "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
42 TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
43 TION'."
44 THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN
45 RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
46 A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO
47 CHECK "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
48 IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN
49 YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
50 ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN
51 APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
52 TERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR
53 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. IN
54 ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT SPACE SHALL BE
55 PROVIDED ON THE APPLICATION SO THAT THE APPLICANT MAY REQUEST A NOTATION
56 UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES ARMED
S. 5444 3
1 FORCES. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO
2 WILL OPERATE A COMMERCIAL MOTOR VEHICLE IN INTERSTATE COMMERCE SHALL
3 CERTIFY THAT SUCH APPLICANT MEETS THE REQUIREMENTS TO OPERATE A COMMER-
4 CIAL MOTOR VEHICLE, AS SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND
5 TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AND ALL REGULATIONS PROMUL-
6 GATED BY THE UNITED STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARD-
7 OUS MATERIALS TRANSPORTATION ACT. IN ADDITION, AN APPLICANT FOR A
8 COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH
9 INTERVALS AS REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT
10 ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGU-
11 LATIONS RELATING TO MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED BY
12 THE COMMISSIONER. FOR PURPOSES OF THIS SECTION AND SECTIONS FIVE
13 HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA OF THIS
14 TITLE, THE TERMS "MEDICAL CERTIFICATE" AND "MEDICAL CERTIFICATION" SHALL
15 MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET FORTH IN PART
16 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS. UPON A DETER-
17 MINATION THAT THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE HAS MADE ANY
18 FALSE STATEMENT, WITH RESPECT TO THE APPLICATION FOR SUCH LICENSE, THE
19 COMMISSIONER SHALL REVOKE SUCH LICENSE.
20 S 3. Subdivision 1 of section 502 of the vehicle and traffic law, as
21 added by section two of this act, is amended to read as follows:
22 1. Application for license. Application for a driver's license shall
23 be made to the commissioner. The fee prescribed by law may be submitted
24 with such application. The applicant shall furnish such proof of identi-
25 ty, age, and fitness as may be required by the commissioner. Acceptable
26 proof of identity shall include, but not be limited to foreign passports
27 (visa stamps are not required), valid documentation issued by USCIS and
28 consular identification documents. Eligibility for a drivers' license
29 shall not be conditioned on a particular immigration status. The
30 commissioner may also provide that the application procedure shall
31 include the taking of a photo image or images of the applicant in
32 accordance with rules and regulations prescribed by the commissioner. In
33 addition, the commissioner also shall require that the applicant provide
34 his or her social security number where such applicant is a legal immi-
35 grant, or individual taxpayer identification number (ITIN) or a letter
36 or form from the United States social security administration that
37 states that the applicant is not eligible or submit a sworn statement
38 under the penalty of perjury, stating that the applicant does not have a
39 social security number of ITIN, and [shall] provide space on the appli-
40 cation so that the applicant may register in the New York state organ
41 and tissue donor registry under section forty-three hundred ten of the
42 public health law [with the following stated on the application in clear
43 and conspicuous type:
44 "You must fill out the following section: Would you like to be added
45 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
46 tion'."
47 The commissioner of the department of health shall not maintain
48 records of any person who checks "skip this question". Failure to check
49 a box shall not impair the validity of an application, and failure to
50 check "yes" or checking "skip this question" shall not be construed to
51 imply a wish not to donate. In the case of an applicant under eighteen
52 years of age, checking "yes" shall not constitute consent to make an
53 anatomical gift or registration in the donate life registry. When an
54 applicant has previously consented to make an anatomical gift or regis-
55 tered in the donate life registry, checking "skip this question" or
56 failing to check a box shall not impair that consent or registration].
S. 5444 4
1 In addition, the commissioner also shall require that space shall be
2 provided on the application so that the applicant may request a notation
3 upon such license that he or she is a veteran of the United States armed
4 forces. In addition, an applicant for a commercial driver's license who
5 will operate a commercial motor vehicle in interstate commerce shall
6 certify that such applicant meets the requirements to operate a commer-
7 cial motor vehicle, as set forth in public law 99-570, title XII, and
8 title 49 of the code of federal regulations, and all regulations promul-
9 gated by the United States secretary of transportation under the hazard-
10 ous materials transportation act. In addition, an applicant for a
11 commercial driver's license shall submit a medical certificate at such
12 intervals as required by the federal motor carrier safety improvement
13 act of 1999 and Part 383.71(h) of title 49 of the code of federal regu-
14 lations relating to medical certification and in a manner prescribed by
15 the commissioner. For purposes of this section and sections five
16 hundred three, five hundred ten-a, and five hundred ten-aa of this
17 title, the terms "medical certificate" and "medical certification" shall
18 mean a form substantially in compliance with the form set forth in Part
19 391.43(h) of title 49 of the code of federal regulations. Upon a deter-
20 mination that the holder of a commercial driver's license has made any
21 false statement, with respect to the application for such license, the
22 commissioner shall revoke such license.
23 S 4. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
24 traffic law, as amended by section 3 of part K of chapter 59 of the laws
25 of 2009, is amended to read as follows:
26 (a) A license issued pursuant to subdivision five of this section
27 shall be valid until the expiration date contained thereon, unless such
28 license is suspended, revoked or cancelled. Such license may be renewed
29 by submission of an application for renewal, the fee prescribed by law,
30 proofs of prior licensing, fitness and acceptable vision prescribed by
31 the commissioner, the applicant's social security number, OR INDIVIDUAL
32 TAXPAYER IDENTIFICATION NUMBER (ITIN) OR A LETTER OR FORM FROM THE
33 UNITED STATES SOCIAL SECURITY ADMINISTRATION THAT STATES THAT THE APPLI-
34 CANT IS NOT ELIGIBLE OR SUBMIT A SWORN STATEMENT UNDER THE PENALTY OF
35 PERJURY, STATING THAT THE APPLICANT DOES NOT HAVE A SOCIAL SECURITY
36 NUMBER OR ITIN, and if required by the commissioner a photo image of the
37 applicant in such numbers and form as the commissioner shall prescribe.
38 In addition, an applicant for renewal of a license containing a hazard-
39 ous material endorsement shall pass an examination to retain such
40 endorsement. The commissioner shall, with respect to the renewal of a
41 hazardous materials endorsement, comply with the requirements imposed
42 upon states by sections 383.141 and 1572.13 of title 49 of the code of
43 federal regulations. A renewal of such license shall be issued by the
44 commissioner upon approval of such application, except that no such
45 license shall be issued if its issuance would be inconsistent with the
46 provisions of section five hundred sixteen of this title, and except
47 that the commissioner may refuse to renew such license if the applicant
48 is the holder of a currently valid or renewable license to drive issued
49 by another state or foreign country unless the applicant surrenders such
50 license.
51 S 5. This act shall take effect on the one hundred twentieth day after
52 it shall have become a law; provided, however, that section two of this
53 act shall take effect October 3, 2013; and provided further that section
54 three of this act shall take effect October 3, 2016.
