Bill Text: NY A03502 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires applicants to provide a street address when applying for a license and registration; allows police access to such street addresses.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A03502 Detail]

Download: New_York-2011-A03502-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3502
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by M. of A. GABRYSZAK, CORWIN -- Multi-Sponsored by -- M. of
         A. PHEFFER -- read once and referred to the Committee  on  Transporta-
         tion
       AN ACT to amend the vehicle and traffic law, in relation to providing an
         address for a driver's license and registration
         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 639 of the laws of 2006, is amended to read
    3  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,  ADDRESS,  age,  and fitness as may be required by the commissioner.
    8  WHEN PROVIDING AN ADDRESS TO THE DEPARTMENT, IF AN APPLICANT USES A POST
    9  OFFICE BOX AS HIS OR HER  MAILING  ADDRESS,  THE  APPLICANT  SHALL  ALSO
   10  PROVIDE  THE DEPARTMENT WITH HIS OR HER STREET ADDRESS. The commissioner
   11  may also provide that the application procedure shall include the taking
   12  of a photo image or images of the applicant in accordance with rules and
   13  regulations prescribed by the commissioner. In addition, the commission-
   14  er also shall require that the applicant provide his or her social secu-
   15  rity number and provide space on the application so that  the  applicant
   16  may register in the New York state organ and tissue donor registry under
   17  section  forty-three  hundred ten of the public health law. In addition,
   18  an applicant for a  commercial  driver's  license  who  will  operate  a
   19  commercial  motor vehicle in interstate commerce shall certify that such
   20  applicant meets the requirements to operate a commercial motor  vehicle,
   21  as  set  forth in public law 99-570, title XII, and title 49 of the code
   22  of federal regulations, and all regulations promulgated  by  the  United
   23  States  secretary of transportation under the hazardous materials trans-
   24  portation act. Upon a determination that  the  holder  of  a  commercial
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07816-01-1
       A. 3502                             2
    1  driver's  license  has  made  any  false  statement, with respect to the
    2  application  for  such  license,  the  commissioner  shall  revoke  such
    3  license.
    4    S  2.  The  vehicle and traffic law is amended by adding a new section
    5  201-a to read as follows:
    6    S 201-A.  ACCESS  TO  INFORMATION.  THE  DEPARTMENT  SHALL  ALLOW  LAW
    7  ENFORCEMENT PERSONNEL ACCESS TO ANY INDIVIDUAL'S STREET ADDRESS PROVIDED
    8  PURSUANT  TO  PARAGRAPH B OF SUBDIVISION ONE OF SECTION FOUR HUNDRED ONE
    9  AND SUBDIVISION ONE OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
   10    S 3. Paragraph b of subdivision 1 of section 401 of  the  vehicle  and
   11  traffic  law,  as amended by chapter 222 of the laws of 1996, is amended
   12  to read as follows:
   13    b. Every owner of a motor vehicle which shall be  operated  or  driven
   14  upon  the  public  highways  of  this  state  shall, except as otherwise
   15  expressly provided, cause to be presented, by mail or otherwise, to  the
   16  office  or  a  branch office of the commissioner, or to any agent of the
   17  commissioner, constituted as provided in this  chapter,  an  application
   18  for  registration  addressed  to  the commissioner, and on a blank to be
   19  prepared under the direction of and furnished by  the  commissioner  for
   20  that  purpose,  containing: (a) a brief description of the motor vehicle
   21  to be registered, including the name and factory number of such vehicle,
   22  and such other facts as the commissioner shall require; (b)  the  weight
   23  of  the  vehicle  upon which the registration fee is based if the fee is
   24  based on weight; (c) the name and residence, including  county,  of  the
   25  owner  of such motor vehicle; PROVIDED, THAT IF AN APPLICANT USES A POST
   26  OFFICE BOX WHEN PROVIDING A RESIDENCE ADDRESS, THE APPLICANT SHALL  ALSO
   27  PROVIDE  HIS  OR  HER  STREET  ADDRESS; (d) provided that, if such motor
   28  vehicle is used or to be used as an omnibus, the applicant also shall so
   29  certify, and in the case of an omnibus also certify as  to  the  seating
   30  capacity,  and  if the omnibus is to be operated wholly within a munici-
   31  pality pursuant to a franchise other than a franchise express or implied
   32  in articles of incorporation upon certain  streets  designated  in  such
   33  franchise,  those facts shall also be certified, and a certified copy of
   34  such franchise furnished to the commissioner;  (e)  provided,  that,  if
   35  such  motor vehicle is an altered livery, the applicant shall so furnish
   36  a certified copy of the length of the  center  panel  of  such  vehicle,
   37  provided, however, that the commissioner shall require such proof, as he
   38  may  determine  is  necessary,  in  the application for registration and
   39  provided further, if the  center  panel  of  such  vehicle  exceeds  one
   40  hundred  inches,  the commissioner shall require proof that such vehicle
   41  is in compliance with all applicable federal  and  state  motor  vehicle
   42  safety  standards;  and  (f)  such  additional  facts or evidence as the
   43  commissioner may require in connection with the application  for  regis-
   44  tration.  Every  owner  of a trailer shall also make application for the
   45  registration thereof in the manner herein provided for an application to
   46  register a motor vehicle, but shall  contain  a  statement  showing  the
   47  manufacturer's  number  or  other  identification  satisfactory  to  the
   48  commissioner and  no  number  plate  for  a  trailer  issued  under  the
   49  provisions  of  subdivision  three  of  section four hundred two of this
   50  chapter shall be transferred to or used upon any other trailer than  the
   51  one  for  which  number  plate is issued. The commissioner shall require
   52  proof, in the  application  for  registration,  or  otherwise,  as  such
   53  commissioner  may  determine, that the motor vehicle for which registra-
   54  tion is applied for is equipped with lights conforming in  all  respects
   55  to  the  requirements  of  this  chapter,  and no motor vehicle shall be
   56  registered unless it shall appear by such proofs that such motor vehicle
       A. 3502                             3
    1  is equipped with proper lights as aforesaid. The said application  shall
    2  contain or be accompanied by such evidence of the ownership of the motor
    3  vehicle  described  in the application as may be required by the commis-
    4  sioner  or  his  agent  and  which,  with respect to new vehicles, shall
    5  include, unless otherwise specifically provided by the commissioner, the
    6  manufacturer's statement of origin. Applications received by an agent of
    7  the commissioner shall be forwarded to  the  commissioner  as  he  shall
    8  direct  for  filing.  No  application for registration shall be accepted
    9  unless the applicant is at least sixteen years of age.
   10    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   11  have become a law.
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