Bill Text: NY A08451 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to the requirements of licensing and voter registration forms.
Spectrum: Partisan Bill (Republican 34-0)
Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A08451 Detail]
Download: New_York-2009-A08451-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8451
2009-2010 Regular Sessions
I N A S S E M B L Y
May 20, 2009
___________
Introduced by M. of A. TEDISCO, MILLER, MOLINARO, McKEVITT, BALL,
BARCLAY, TOBACCO, KOLB -- Multi-Sponsored by -- M. of A. AMEDORE,
BACALLES, BOYLE, BURLING, BUTLER, CALHOUN, CONTE, CROUCH, DUPREY,
ERRIGO, FINCH, GIGLIO, HAWLEY, HAYES, P. LOPEZ, McDONOUGH, OAKS,
O'MARA, QUINN, RABBITT, RAIA, REILICH, SALADINO, SAYWARD, SCOZZAFAVA,
TOWNSEND, WALKER -- read once and referred to the Committee on Trans-
portation
AN ACT to amend the vehicle and traffic law, in relation to the require-
ments of licensing and to amend the election law, in relation to voter
registration forms
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 iden-
7 tity, age, and fitness as may be required by the commissioner. The
8 commissioner may also provide that the] application procedure shall
9 include the taking of a photo image or images of the applicant in
10 accordance with rules and regulations prescribed by the commissioner. In
11 addition, the commissioner [also] shall require that the applicant
12 provide PROOF OF FITNESS, AGE AND IDENTITY INCLUDING his or her social
13 security number [and], OR PROVIDE PROOF THAT HE OR SHE IS NOT ELIGIBLE
14 FOR A SOCIAL SECURITY NUMBER. SUCH PROOF SHALL INCLUDE ANY DOCUMENTS
15 SUBMITTED BY AN APPLICANT TO THE UNITED STATES DEPARTMENT OF HOMELAND
16 SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT IS ELIGI-
17 BLE TO RECEIVE A SOCIAL SECURITY NUMBER. THE COMMISSIONER SHALL ALSO
18 provide space on the application so that the applicant may register in
19 the New York state organ and tissue donor registry under section forty-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09995-01-9
A. 8451 2
1 three hundred ten of the public health law. In addition, an applicant
2 for a commercial driver's license who will operate a commercial motor
3 vehicle in interstate commerce shall certify that such applicant meets
4 the requirements to operate a commercial motor vehicle, as set forth in
5 public law 99-570, title XII, and title 49 of the code of federal regu-
6 lations, and all regulations promulgated by the United States secretary
7 of transportation under the hazardous materials transportation act. Upon
8 a determination that the holder of a commercial driver's license has
9 made any false statement, with respect to the application for such
10 license, the commissioner shall revoke such license.
11 S 2. Section 502 of the vehicle and traffic law is amended by adding a
12 new subdivision 1-a to read as follows:
13 1-A. FALSE STATEMENTS. ANY PERSON KNOWINGLY MAKING A FALSE STATEMENT
14 REGARDING A SOCIAL SECURITY NUMBER OR INELIGIBILITY FOR A SOCIAL SECURI-
15 TY NUMBER IN AN APPLICATION FOR A DRIVER'S LICENSE OR LEARNER'S PERMIT
16 ISSUED BY THE COMMISSIONER OR IN ANY PROOF OR STATEMENT IN WRITING
17 SUBMITTED IN CONNECTION WITH SUCH SOCIAL SECURITY NUMBER OR INELIGIBIL-
18 ITY FOR A SOCIAL SECURITY NUMBER AND THE SUBMISSION OF SUCH AN APPLICA-
19 TION SHALL BE GUILTY OF A MISDEMEANOR PURSUANT TO SECTION THREE HUNDRED
20 NINETY-TWO OF THIS CHAPTER.
21 S 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
22 traffic law, as amended by chapter 81 of the laws of 1995, is amended to
23 read as follows:
24 (a) A license issued pursuant to subdivision five of this section
25 shall be valid until the expiration date contained thereon, unless such
26 license is suspended, revoked or cancelled. Such license may be renewed
27 by submission of an application for renewal, the fee prescribed by law,
28 proofs of prior licensing, fitness and acceptable vision prescribed by
29 the commissioner, AND the applicant's social security number, [and if
30 required by the commissioner] OR PROVIDE PROOF THAT HE OR SHE IS NOT
31 ELIGIBLE FOR A SOCIAL SECURITY NUMBER. SUCH PROOF SHALL INCLUDE ANY
32 DOCUMENTS SUBMITTED BY AN APPLICANT TO THE UNITED STATES DEPARTMENT OF
33 HOMELAND SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT
34 IS ELIGIBLE TO RECEIVE A SOCIAL SECURITY NUMBER. THE COMMISSIONER SHALL
35 ALSO REQUIRE SUBMISSION OF a photo image of the applicant in such
36 numbers and form as the commissioner shall prescribe. In addition, an
37 applicant for renewal of a license containing a hazardous material
38 endorsement shall pass an examination to retain such endorsement. A
39 renewal of such license shall be issued by the commissioner upon
40 approval of such application, except that no such license shall be
41 issued if its issuance would be inconsistent with the provisions of
42 section five hundred sixteen of this chapter, and except that the
43 commissioner may refuse to renew such license if the applicant is the
44 holder of a currently valid or renewable license to drive issued by
45 another state or foreign country unless the applicant surrenders such
46 license.
47 S 4. Subdivision 1 of section 503 of the vehicle and traffic law is
48 amended by adding a new paragraph (c) to read as follows:
49 (C) WHENEVER A DRIVER'S LICENSE, LEARNER'S PERMIT OR A PRIVILEGE OF
50 OPERATING A MOTOR VEHICLE OR OF OBTAINING A LICENSE HAS BEEN ISSUED TO
51 AN ALIEN WHO HAS BEEN LAWFULLY ISSUED A VISA BY THE UNITED STATES
52 DEPARTMENT OF STATE, SUCH DRIVER'S LICENSE OR LEARNER'S PERMIT SHALL
53 EXPIRE UPON THE EXPIRATION OF THE VISA.
54 S 5. Section 491 of the vehicle and traffic law is amended by adding a
55 new subdivision 1-a to read as follows:
A. 8451 3
1 1-A. PERIOD OF VALIDITY; VISA. WHENEVER AN IDENTIFICATION CARD ISSUED
2 BY THE DEPARTMENT HAS BEEN ISSUED TO AN ALIEN WHO HAS LAWFULLY BEEN
3 ISSUED A VALID VISA BY THE UNITED STATES DEPARTMENT OF STATE, SUCH IDEN-
4 TIFICATION CARD SHALL EXPIRE UPON THE EXPIRATION OF THE VISA.
5 S 6. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
6 of the vehicle and traffic law, as amended by chapter 235 of the laws of
7 2002, is amended to read as follows:
8 (i) The commissioner shall upon submission of an appropriate applica-
9 tion, upon payment of the prescribed fee, [and] upon being satisfied
10 [that the person described is the applicant and] that such applicant
11 meets the requirements set forth in subdivision two of this section, AND
12 THAT THE PERSON DESCRIBED IS THE APPLICANT AND UPON SUCH APPLICANT
13 PROVIDING HIS OR HER SOCIAL SECURITY NUMBER OR PROVIDING PROOF THAT HE
14 OR SHE IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER, INCLUDING ANY DOCU-
15 MENTS SUBMITTED BY SUCH APPLICANT TO THE UNITED STATES DEPARTMENT OF
16 HOMELAND SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT
17 IS ELIGIBLE TO RECEIVE A SOCIAL SECURITY NUMBER, issue to such applicant
18 a nontransferable identification card. [In addition, the commissioner
19 also shall require that an applicant for an identification card or
20 renewal thereof provide his or her social security number.]
21 S 7. Paragraph (a) of subdivision 3 of section 490 of the vehicle and
22 traffic law is amended by adding a new subparagraph (iv) to read as
23 follows:
24 (IV) ANY PERSON KNOWINGLY MAKING A FALSE STATEMENT REGARDING A SOCIAL
25 SECURITY NUMBER OR INELIGIBILITY FOR A SOCIAL SECURITY NUMBER IN AN
26 APPLICATION FOR AN IDENTIFICATION CARD ISSUED BY THE COMMISSIONER OR IN
27 ANY PROOF OR STATEMENT IN WRITING SUBMITTED IN CONNECTION WITH SUCH
28 SOCIAL SECURITY NUMBER OR INELIGIBILITY FOR A SOCIAL SECURITY NUMBER AND
29 THE SUBMISSION OF SUCH AN APPLICATION SHALL BE GUILTY OF A MISDEMEANOR
30 PURSUANT TO SECTION THREE HUNDRED NINETY-TWO OF THIS CHAPTER.
31 S 8. Paragraph (c) of subdivision 3 of section 490 of the vehicle and
32 traffic law, as amended by chapter 600 of the laws of 1989, is amended
33 to read as follows:
34 (c) The identification card [may] SHALL also contain the photograph of
35 the holder pursuant to regulations established by the commissioner. Any
36 photograph taken as part of the application procedure for an identifica-
37 tion card shall not be a public record.
38 S 9. Subdivision 3 of section 5-212 of the election law is amended by
39 adding a new paragraph (d) to read as follows:
40 (D) SHALL BE CLEARLY MARKED TO READ "FOR U.S. CITIZENS ONLY".
41 S 10. This act shall take effect immediately.
