Bill Text: NY S01100 | 2017-2018 | General Assembly | Amended
Bill Title: Enables veterans and reservists to receive benefit information upon applying for or renewing a driver's license.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2018-05-14 - referred to transportation [S01100 Detail]
Download: New_York-2017-S01100-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1100--A 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ Introduced by Sens. RIVERA, DILAN, KENNEDY, PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the vehicle and traffic law and the executive law, in relation to enabling veterans and reservists to receive benefit infor- mation upon applying for or renewing a driver's license The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 502 of the vehicle and traffic law is amended by 2 adding a new subdivision 1-a to read as follows: 3 1-a. Special provisions for veterans. In addition to the requirements 4 for license applications under subdivision one of this section, the 5 commissioner shall ensure that space is provided on the application to 6 enable any applicant who was a member of the armed forces of the United 7 States, or as a reservist in one of the reserve components of the armed 8 forces listed in 10 U.S.C. § 10101, and received an honorable discharge 9 or was released therefrom under honorable conditions, to register to 10 receive information from the division of veterans' affairs by email or 11 telephone regarding benefits to which such applicant may be entitled and 12 that the following is stated on the application: "By checking this box, 13 you certify that you served in the armed forces of the United States, or 14 as a reservist in one of the reserve components of the armed forces 15 listed in 10 U.S.C. § 10101, and you give permission to the department 16 of motor vehicles to share your name and contact information with the 17 division of veterans' affairs to enable the division of veterans' 18 affairs to contact you via email, telephone or mail regarding benefits 19 to which you may be entitled". Proof of veteran status shall be demon- 20 strated in the same manner required by the commissioner to receive a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01091-02-7S. 1100--A 2 1 veteran notation pursuant to paragraph (b) of subdivision three of 2 section four hundred ninety of this chapter and paragraph (a-1) of 3 subdivision one of section five hundred four of this article, which may 4 consist of a certificate of release or discharge from active duty 5 including, but not limited to a DD Form 214, leave and earning state- 6 ments for service as a reservist in one of the reserve components of the 7 armed forces listed in 10 U.S.C. § 10101 or other proof satisfactory to 8 the commissioner. Provided, however, that an applicant's veteran status 9 shall not be disclosed to any person or entity other than the division 10 of veterans' affairs, and shall be exempt from the provisions of subdi- 11 vision two of section eighty-seven of the public officers law. 12 § 2. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 13 traffic law, as amended by section 3 of part K of chapter 59 of the laws 14 of 2009, is amended to read as follows: 15 (a) A license issued pursuant to subdivision five of this section 16 shall be valid until the expiration date contained thereon, unless such 17 license is suspended, revoked or cancelled. Such license may be renewed 18 by submission of an application for renewal, the fee prescribed by law, 19 proofs of prior licensing, fitness and acceptable vision prescribed by 20 the commissioner, the applicant's social security number, and if 21 required by the commissioner a photo image of the applicant in such 22 numbers and form as the commissioner shall prescribe. In addition, the 23 commissioner shall ensure that space is provided on the application for 24 renewal to enable any applicant who was a member of the armed forces of 25 the United States, or as a reservist in one of the reserve components of 26 the armed forces listed in 10 U.S.C. § 10101, and received an honorable 27 discharge or was released therefrom under honorable conditions to regis- 28 ter to receive information from the division of veterans' affairs by 29 email or telephone regarding benefits to which such applicant may be 30 entitled and that the following is stated on the application for 31 renewal: "By checking this box, you certify that you served in the armed 32 forces of the United States, or as a reservist in one of the reserve 33 components of the armed forces listed in 10 U.S.C. § 10101, and you give 34 permission to the department of motor vehicles to share your name and 35 contact information with the division of veterans' affairs to enable the 36 division of veterans' affairs to contact you via email, telephone or 37 mail regarding benefits to which you may be entitled". In addition, an 38 applicant for renewal of a license containing a hazardous material 39 endorsement shall pass an examination to retain such endorsement. The 40 commissioner shall, with respect to the renewal of a hazardous materials 41 endorsement, comply with the requirements imposed upon states by 42 sections 383.141 and 1572.13 of title 49 of the code of federal regu- 43 lations. A renewal of such license shall be issued by the commissioner 44 upon approval of such application, except that no such license shall be 45 issued if its issuance would be inconsistent with the provisions of 46 section five hundred sixteen of this title, and except that the commis- 47 sioner may refuse to renew such license if the applicant is the holder 48 of a currently valid or renewable license to drive issued by another 49 state or foreign country unless the applicant surrenders such license. 50 Provided, however, that an applicant's veteran status shall not be 51 disclosed to any person or entity other than the division of veterans' 52 affairs, and shall be exempt from the provisions of subdivision two of 53 section eighty-seven of the public officers law. 54 § 3. Subdivision 3 of section 490 of the vehicle and traffic law is 55 amended by adding a new paragraph (d) to read as follows:S. 1100--A 3 1 (d) In addition, the commissioner shall ensure that space is provided 2 on the application and the application for renewal to enable any appli- 3 cant who was a member of the armed forces of the United States, or as a 4 reservist in one of the reserve components of the armed forces listed in 5 10 U.S.C. § 10101, and received an honorable discharge or was released 6 therefrom under honorable conditions to register to receive information 7 from the division of veterans' affairs by email, telephone or mail 8 regarding benefits to which such applicant may be entitled and that the 9 following is stated on the application and application for renewal: "By 10 checking this box, you certify that you served in the armed forces of 11 the United States , or as a reservist in one of the reserve components 12 of the armed forces listed in 10 U.S.C. § 10101, and you give permis- 13 sion to the department of motor vehicles to share your name and contact 14 information with the division of veterans' affairs to enable the divi- 15 sion of veterans' affairs to contact you via email, telephone or mail 16 regarding benefits to which you may be entitled". Provided, however, 17 that an applicant's veteran status shall not be disclosed to any person 18 or entity other than the division of veterans' affairs, and shall be 19 exempt from the provisions of subdivision two of section eighty-seven of 20 the public officers law. 21 § 4. Section 508 of the vehicle and traffic law is amended by adding a 22 new subdivision 6 to read as follows: 23 6. The commissioner shall appoint agents to act on his or her behalf 24 to collect, store and make available to the division of veterans' 25 affairs the name and contact information, which include email address, 26 telephone number and/or mailing address, of an applicant who was a 27 member of the armed forces of the United States, or as a reservist in 28 one of the reserve components of the armed forces listed in 10 U.S.C. § 29 10101, and received an honorable discharge or was released therefrom 30 under honorable conditions and who requests to receive benefit informa- 31 tion from the division of veterans' affairs pursuant to subdivision 32 one-a or paragraph (a) of subdivision six of section five hundred two of 33 this article. 34 § 5. Section 353 of the executive law is amended by adding a new 35 subdivision 24 to read as follows: 36 24. To coordinate with the department of motor vehicles pursuant to 37 subdivision one-a or paragraph (a) of subdivision six of section five 38 hundred two of the vehicle and traffic law to retrieve name and contact 39 information of applicants who were members of the armed forces of the 40 United States, or as a reservist in one of the reserve components of the 41 armed forces listed in 10 U.S.C. § 10101, and received an honorable 42 discharge or was released therefrom under honorable conditions who are 43 applying for or renewing their driver's licenses and who request to be 44 contacted by the division via email, telephone or mail regarding bene- 45 fits to which they may be entitled. Provided, however, that an appli- 46 cant's veteran status shall not be disclosed to any person or entity 47 other than the division of veterans' affairs, and shall be exempt from 48 the provisions of subdivision two of section eighty-seven of the public 49 officers law. 50 § 6. Subdivision 3 of section 502 of the vehicle and traffic law, as 51 amended by chapter 97 of the laws of 2016, is amended to read as 52 follows: 53 3. Application for learner's permit. An application for a learner's 54 permit shall be included in the application for a license. The commis- 55 sioner shall ensure that space is provided on the application to enable 56 any applicant who was a member of the armed forces of the United States,S. 1100--A 4 1 or as a reservist in one of the reserve components of the armed forces 2 listed in 10 U.S.C. § 10101, and received an honorable discharge or was 3 released therefrom under honorable conditions, to register or receive 4 information from the division of veterans' affairs by email or telephone 5 regarding benefits to which such applicant may be entitled and that the 6 following is stated on the application: "By checking this box, you 7 certify that you served in the armed forces of the United States, or as 8 a reservist in one of the reserve components of the armed forces listed 9 in 10 U.S.C. § 10101, and you give permission to the department of motor 10 vehicles to share your name and contact information with the division of 11 veterans' affairs to enable the division of veterans' affairs to contact 12 you via email, telephone or mail regarding benefits to which you may be 13 entitled". Proof of veteran status shall be demonstrated in the same 14 manner required by the commissioner to receive a veteran notation pursu- 15 ant to paragraph (b) of subdivision three of section four hundred ninety 16 of this chapter and paragraph (a-1) of subdivision one of section five 17 hundred four of this article, which may consist of a certificate of 18 release or discharge from active duty including, but not limited to a DD 19 Form 214, leave and earning statements for service as a reservist in one 20 of the reserve components of the armed forces listed in 10 U.S.C. § 21 10101 or other proof satisfactory to the commissioner. A learner's 22 permit shall be issued in such form as the commissioner shall determine 23 but shall not be issued unless the applicant has successfully passed the 24 vision test required by this section and the test set forth in paragraph 25 (a) of subdivision four of this section with respect to laws relating to 26 traffic and ability to read and comprehend traffic signs and symbols and 27 has satisfactorily completed any course required pursuant to paragraph 28 (a) of subdivision four of this section. Upon acceptance of an applica- 29 tion for a learner's permit the commissioner shall provide the applicant 30 with a driver's manual which includes but is not limited to the laws 31 relating to traffic, the laws relating to and physiological effects of 32 driving while ability impaired and driving while intoxicated, the law 33 for exercising due care to avoid colliding with a parked, stopped or 34 standing vehicle pursuant to section eleven hundred forty-four-a of this 35 chapter, explanations of traffic signs and symbols and such other 36 matters as the commissioner may prescribe. Provided, however, that an 37 applicant's veteran status shall not be disclosed to any person or enti- 38 ty other than the division of veterans' affairs, and shall be exempt 39 from the provisions of subdivision two of section eight-seven of the 40 public officers law. 41 § 7. This act shall take effect one year after it shall have become a 42 law. Provided, however, that effective immediately any actions necessary 43 to implement the provisions of this act on its effective date are 44 authorized and directed to be completed on or before such date.