S T A T E O F N E W Y O R K
________________________________________________________________________
2237
2015-2016 Regular Sessions
I N S E N A T E
January 22, 2015
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the department of motor vehicles to issue limited purpose drivers'
licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 503-a to read as follows:
3 S 503-A. LIMITED PURPOSE DRIVERS' LICENSES. 1. THE DEPARTMENT SHALL,
4 SUBJECT TO THE REQUIREMENTS OF THIS SECTION, ISSUE A DRIVER'S LICENSE TO
5 AN APPLICANT FOR A DRIVER'S LICENSE WHO MEETS THE APPLICABLE REQUIRE-
6 MENTS OF THIS CHAPTER BUT WHO IS UNABLE TO SATISFY THE FORMS FOR PROOF
7 OF IDENTITY PRESCRIBED IN SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
8 2. TO BE ELIGIBLE FOR A DRIVER'S LICENSE UNDER THIS SECTION, THE
9 APPLICANT MUST:
10 (A) PRESENT TO THE DEPARTMENT PROOF OF IDENTITY ON TERMS IDENTICAL TO
11 THOSE REQUIRED BY THE DEPARTMENT'S FORM ID-44, WITH THE FOLLOWING
12 EXEMPTIONS:
13 (I) THE FOLLOWING DOCUMENTS SHALL BE ACCEPTED AS THREE POINTS OF PROOF
14 OF NAME, AS WELL AS PROOF OF DATE OF BIRTH: (A) A CURRENT PHOTO IDEN-
15 TIFICATION CARD ISSUED TO THE APPLICANT BY THE EMBASSY OR CONSULATE IN
16 THE UNITED STATES OF HIS OR HER COUNTRY OF CITIZENSHIP; (B) A CURRENT
17 IDENTIFICATION DOCUMENT ISSUED TO THE APPLICANT BY THE GOVERNMENT OF HIS
18 OR HER COUNTRY OF CITIZENSHIP; OR (C) AN OFFICIAL MUNICIPAL IDENTIFICA-
19 TION CARD ISSUED BY A MUNICIPALITY WITHIN THE STATE.
20 (II) THE DEPARTMENT SHALL ACCEPT EITHER OF THE FOLLOWING AS TWO POINTS
21 OF PROOF OF NAME: AN INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER OR A
22 SWORN STATEMENT UNDER THE PENALTY OF PERJURY, STATING THE APPLICANT'S
23 IDENTITY, AND THE FACT THAT HE OR SHE HAS NOT BEEN ISSUED A SOCIAL SECU-
24 RITY NUMBER.
25 (III) AN OTHERWISE VALID FOREIGN PASSPORT SHALL NOT BE REQUIRED TO
26 INCLUDE AN I-551 STAMP, AND SHALL BE ACCEPTED AS THREE POINTS OF PROOF
27 OF NAME AS WELL AS PROOF OF DATE OF BIRTH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00432-01-5
S. 2237 2
1 (IV) THE FOLLOWING DOCUMENTS SHALL BE ACCEPTED AS TWO POINTS OF PROOF
2 OF NAME, AS WELL AS PROOF OF DATE OF BIRTH: A CERTIFIED BIRTH CERTIF-
3 ICATE FROM THE APPLICANT'S COUNTRY OF CITIZENSHIP, OR A CONSULAR REPORT
4 OF THE APPLICANT'S BIRTH.
5 (V) ANY FEDERAL DEPARTMENT OF HOMELAND SECURITY DOCUMENTATION LISTED
6 ON THE DEPARTMENT'S FORM ID-44 AS PROOF OF IDENTITY SHALL BE ACCEPTED AS
7 THREE POINTS OF PROOF OF NAME AS WELL AS PROOF OF DATE OF BIRTH EVEN IF
8 THE AUTHORIZATION PERIOD LISTED THEREIN HAS EXPIRED.
9 (VI) OFFICIAL RECORDS FROM A RELIGIOUS ENTITY CONFIRMING PARTICIPATION
10 IN A RELIGIOUS CEREMONY SHALL BE ACCEPTED AS ONE POINT OF PROOF OF NAME,
11 THOUGH NOT AS PROOF OF DATE OF BIRTH.
12 (B) SUBMIT PROOF OF AN ESTABLISHED RESIDENCY IN THIS STATE ON TERMS
13 IDENTICAL TO THE PROOF OF RESIDENCY REQUIREMENTS IN THE DEPARTMENT'S
14 FORM ID-44EDL, EXCEPT THAT A COPY OF A MONEY ORDER RECEIPT WITH THE
15 APPLICANT'S NAME AND ADDRESS, SENT TO A LOCATION IN THIS STATE FROM A
16 FOREIGN COUNTRY, OR FROM A LOCATION IN THIS STATE TO A FOREIGN COUNTRY
17 SHALL BE ACCEPTED AS ONE OF TWO DOCUMENTS FOR PROOF OF RESIDENCY IN THIS
18 STATE.
19 3. LICENSES ISSUED PURSUANT TO THIS SECTION SHALL BE VALID FOR THE
20 SAME DURATION OF TIME AS LICENSES OF THE SAME CLASS ISSUED PURSUANT TO
21 SECTION FIVE HUNDRED THREE OF THIS ARTICLE.
22 4. EACH DRIVER'S LICENSE ISSUED OR RENEWED PURSUANT TO THIS SECTION
23 SHALL INCLUDE THE FOLLOWING NOTICE PRINTED ON THE FACE THEREOF: "NOT
24 ACCEPTABLE FOR FEDERAL PURPOSES". THIS NOTICE SHALL BE IN THE SAME FONT
25 AND COLOR AS THE TEXT ON THE FACE OF A DRIVER'S LICENSE ISSUED PURSUANT
26 TO SECTION FIVE HUNDRED THREE OF THIS ARTICLE, WITH NO OTHER DISTIN-
27 GUISHABLE FEATURES.
28 5. IN THE EVENT THE FEDERAL DEPARTMENT OF HOMELAND SECURITY DETERMINES
29 A LICENSE ISSUED PURSUANT TO THIS SECTION DOES NOT SATISFY THE REQUIRE-
30 MENTS OF SECTION 37.71 OF TITLE 6 OF THE CODE OF FEDERAL REGULATIONS,
31 ADOPTED PURSUANT TO PARAGRAPH (11) OF SUBDIVISION (D) OF SECTION 202 OF
32 THE REAL ID ACT OF 2005 (PUBLIC LAW 109-13), THE COMMISSIONER SHALL, IN
33 CONSULTATION WITH THE DEPARTMENT OF LAW AND THE OFFICE OF NEW AMERICANS
34 OF THE DEPARTMENT OF STATE, MODIFY THE LICENSE ONLY TO THE EXTENT NECES-
35 SARY TO SATISFY THE REQUIREMENT OF SUCH SECTION.
36 6. A DRIVER'S LICENSE ISSUED PURSUANT TO THIS SECTION SHALL NOT BE
37 USED AS EVIDENCE OF THE HOLDER'S CITIZENSHIP OR IMMIGRATION STATUS, AND
38 SHALL NOT BE USED AS A BASIS FOR A CRIMINAL INVESTIGATION, ARREST OR
39 DETENTION IN CIRCUMSTANCES WHERE A HOLDER OF A DRIVER'S LICENSE THAT WAS
40 NOT ISSUED PURSUANT TO THIS SECTION WOULD NOT BE CRIMINALLY INVESTI-
41 GATED, ARRESTED OR DETAINED.
42 7. IT SHALL BE A VIOLATION OF LAW INCLUDING BUT NOT LIMITED TO, ARTI-
43 CLE FIFTEEN OF THE EXECUTIVE LAW, TO DISCRIMINATE AGAINST AN INDIVIDUAL
44 BECAUSE HE OR SHE APPLIES FOR, HOLDS OR PRESENTS A LICENSE ISSUED PURSU-
45 ANT TO THIS SECTION.
46 8. INFORMATION COLLECTED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED
47 TO BE A PUBLIC RECORD AND SHALL NOT BE DISCLOSED BY THE DEPARTMENT,
48 EXCEPT AS REQUIRED BY LAW.
49 9. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY LAW, A LICENSE ISSUED
50 PURSUANT TO THIS SECTION MAY BE USED AS LEGAL IDENTIFICATION OF THE
51 HOLDER TO WHOM THE LICENSE IS ISSUED.
52 S 2. This act shall take effect one year after it shall have become a
53 law; provided, however, that the commissioner of motor vehicles shall
54 promulgate any rules and regulations necessary for the timely implemen-
55 tation of the provisions of this act on or before such effective date.