Bill Text: NY A06607 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to identification requirements for obtaining a driver's license.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A06607 Detail]
Download: New_York-2015-A06607-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6607
2015-2016 Regular Sessions
I N A S S E M B L Y
March 27, 2015
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to identifica-
tion requirements for obtaining a driver's license; 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. Subparagraph (i) of paragraph (a) of subdivision 3 of
2 section 490 of the vehicle and traffic law, as amended by chapter 487 of
3 the laws of 2012, is amended to read as follows:
4 (i) The commissioner shall upon submission of an appropriate applica-
5 tion, upon payment of the prescribed fee, and upon being satisfied that
6 the person described is the applicant and that such applicant meets the
7 requirements set forth in subdivision two of this section, issue to such
8 applicant a nontransferable identification card. In addition, the
9 commissioner also shall require that an applicant for an identification
10 card or renewal thereof provide his or her social security number OR A
11 FOREIGN PASSPORT AS PROOF OF IDENTITY, PROVIDED THAT THE PASSPORT EXHIB-
12 ITS PROOF OF THE APPLICANT'S LEGAL ENTRY INTO THE UNITED STATES. The
13 commissioner shall provide space so that an applicant may request a
14 notation upon such identification card that he or she is a veteran of
15 the United States armed forces.
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18 REPEALED and a new subdivision 1 is added to read as follows: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. THE COMMIS-
23 SIONER MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL INCLUDE THE
24 TAKING OF A PHOTO IMAGE OR IMAGES OF THE APPLICANT IN ACCORDANCE WITH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10077-01-5
A. 6607 2
1 RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN ADDITION, THE
2 COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER
3 SOCIAL SECURITY NUMBER OR A FOREIGN PASSPORT AS PROOF OF IDENTITY,
4 PROVIDED THAT THE PASSPORT EXHIBITS PROOF OF THE APPLICANT'S LEGAL ENTRY
5 INTO THE UNITED STATES, AND SHALL PROVIDE SPACE ON THE APPLICATION SO
6 THAT THE APPLICANT MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE
7 DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC
8 HEALTH LAW WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND
9 CONSPICUOUS TYPE:
10 "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
11 TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
12 TION'."
13 THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN
14 RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
15 A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO
16 CHECK "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
17 IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN
18 YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
19 ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN
20 APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
21 TERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR
22 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
23 IN ADDITION, THE COMMISSIONER SHALL PROVIDE SPACE SO THAT AN APPLICANT
24 MAY REQUEST A NOTATION UPON SUCH IDENTIFICATION CARD THAT HE OR SHE IS A
25 VETERAN OF THE UNITED STATES ARMED FORCES. IN ADDITION, AN APPLICANT FOR
26 A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR VEHI-
27 CLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS THE
28 REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS SET FORTH IN
29 PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGU-
30 LATIONS, AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY
31 OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT. IN
32 ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A
33 MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL MOTOR
34 CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF
35 THE CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN
36 A MANNER PRESCRIBED BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION
37 AND SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED
38 TEN-AA OF THIS TITLE, THE TERMS "MEDICAL CERTIFICATE" AND "MEDICAL
39 CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE
40 FORM SET FORTH IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL
41 REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF A COMMERCIAL DRIV-
42 ER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICA-
43 TION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
44 S 3. Subdivision 1 of section 502 of the vehicle and traffic law, as
45 added by section two of this act, is amended to read as follows:
46 1. Application for license. Application for a driver's license shall
47 be made to the commissioner. The fee prescribed by law may be submitted
48 with such application. The applicant shall furnish such proof of identi-
49 ty, age, and fitness as may be required by the commissioner. The commis-
50 sioner may also provide that the application procedure shall include the
51 taking of a photo image or images of the applicant in accordance with
52 rules and regulations prescribed by the commissioner. In addition, the
53 commissioner also shall require that the applicant provide his or her
54 social security number or a foreign passport as proof of identity,
55 provided that the passport exhibits proof of the applicant's legal entry
56 into the United States, and [shall] provide space on the application so
A. 6607 3
1 that the applicant may register in the New York state organ and tissue
2 donor registry under section forty-three hundred ten of the public
3 health law [with the following stated on the application in clear and
4 conspicuous type:
5 "You must fill out the following section: Would you like to be added
6 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
7 tion'."
8 The commissioner of the department of health shall not maintain
9 records of any person who checks "skip this question". Failure to check
10 a box shall not impair the validity of an application, and failure to
11 check "yes" or checking "skip this question" shall not be construed to
12 imply a wish not to donate. In the case of an applicant under eighteen
13 years of age, checking "yes" shall not constitute consent to make an
14 anatomical gift or registration in the donate life registry. Where an
15 applicant has previously consented to make an anatomical gift or regis-
16 tered in the donate life registry, checking "skip this question" or
17 failing to check a box shall not impair that consent or registration].
18 In addition, the commissioner shall provide space so that an applicant
19 may request a notation upon such identification card that he or she is a
20 veteran of the United States armed forces. In addition, an applicant for
21 a commercial driver's license who will operate a commercial motor vehi-
22 cle in interstate commerce shall certify that such applicant meets the
23 requirements to operate a commercial motor vehicle, as set forth in
24 public law 99-570, title XII, and title 49 of the code of federal regu-
25 lations, and all regulations promulgated by the United States secretary
26 of transportation under the hazardous materials transportation act. In
27 addition, an applicant for a commercial driver's license shall submit a
28 medical certificate at such intervals as required by the federal motor
29 carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
30 the code of federal regulations relating to medical certification and in
31 a manner prescribed by the commissioner. For purposes of this section
32 and sections five hundred three, five hundred ten-a, and five hundred
33 ten-aa of this title, the terms "medical certificate" and "medical
34 certification" shall mean a form substantially in compliance with the
35 form set forth in Part 391.43(h) of title 49 of the code of federal
36 regulations. Upon a determination that the holder of a commercial driv-
37 er's license has made any false statement, with respect to the applica-
38 tion for such license, the commissioner shall revoke such license.
39 S 4. This act shall take effect on the ninetieth day after it shall
40 have become a law; provided, however, that section three of this act
41 shall take effect October 3, 2016.
