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.