Bill Text: NY S02903 | 2013-2014 | General Assembly | Amended
Bill Title: Allows the use of the individual tax identification number when a legal immigrant applies for a driver's license or a renewal of a driver's license.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-21 - PRINT NUMBER 2903A [S02903 Detail]
Download: New_York-2013-S02903-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2903--A 2013-2014 Regular Sessions I N S E N A T E January 24, 2013 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recom- mitted 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 committee AN ACT to amend the vehicle and traffic law, in relation to certain requirements for obtaining a driver's license and to repeal certain provisions of the vehicle and traffic law relating thereto 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section 502 of the vehicle and traffic 2 law, as separately amended by chapters 465 and 487 of the laws of 2012, 3 is REPEALED and a new subdivision 1 is added to read as follows: 4 1.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 IDENTI- 7 TY, 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. 11 IN ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT 12 PROVIDE HIS OR HER SOCIAL SECURITY NUMBER OR THE INDIVIDUAL TAX IDEN- 13 TIFICATION NUMBER WHERE SUCH APPLICANT IS A LEGAL IMMIGRANT AND SHALL 14 PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY REGISTER IN 15 THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER SECTION FORTY- 16 THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW WITH THE FOLLOWING STATED ON 17 THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE: 18 "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED 19 TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES- 20 TION'." EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05494-02-4 S. 2903--A 2 1 THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN 2 RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK 3 A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO 4 CHECK "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO 5 IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN 6 YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN 7 ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN 8 APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS- 9 TERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR 10 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. IN 11 ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT SPACE SHALL BE 12 PROVIDED ON THE APPLICATION SO THAT THE APPLICANT MAY REQUEST A NOTATION 13 UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES ARMED 14 FORCES. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO 15 WILL OPERATE A COMMERCIAL MOTOR VEHICLE IN INTERSTATE COMMERCE SHALL 16 CERTIFY THAT SUCH APPLICANT MEETS THE REQUIREMENTS TO OPERATE A COMMER- 17 CIAL MOTOR VEHICLE, AS SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND 18 TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AND ALL REGULATIONS PROMUL- 19 GATED BY THE UNITED STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARD- 20 OUS MATERIALS TRANSPORTATION ACT. IN ADDITION, AN APPLICANT FOR A 21 COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH 22 INTERVALS AS REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT 23 ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGU- 24 LATIONS RELATING TO MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED BY 25 THE COMMISSIONER. FOR PURPOSES OF THIS SECTION AND SECTIONS FIVE HUNDRED 26 THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA OF THIS TITLE, THE 27 TERMS "MEDICAL CERTIFICATE" AND "MEDICAL CERTIFICATION" SHALL MEAN A 28 FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET FORTH IN PART 29 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS. UPON A DETER- 30 MINATION THAT THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE HAS MADE ANY 31 FALSE STATEMENT, WITH RESPECT TO THE APPLICATION FOR SUCH LICENSE, THE 32 COMMISSIONER SHALL REVOKE SUCH LICENSE. 33 S 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 34 added by section one of this act, is amended to read as follows: 35 1. Application for license. Application for a driver's license shall 36 be made to the commissioner. The fee prescribed by law may be submitted 37 with such application. The applicant shall furnish such proof of identi- 38 ty, age, and fitness as may be required by the commissioner. The 39 commissioner may also provide that the application procedure shall 40 include the taking of a photo image or images of the applicant in 41 accordance with rules and regulations prescribed by the commissioner. 42 In addition, the commissioner WILL also [shall] require that the appli- 43 cant provide his or her social security number or the individual tax 44 identification number where such applicant is a legal immigrant and 45 shall provide space on the application so that the applicant may regis- 46 ter in the New York state organ and tissue donor registry under section 47 forty-three hundred ten of the public health law [with the following 48 stated on the application in clear and conspicuous type: 49 "You must fill out the following section: Would you like to be added 50 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 51 tion'." 52 The commissioner of the department of health shall not maintain 53 records of any person who checks "skip this question". Failure to check 54 a box shall not impair the validity of an application, and failure to 55 check "yes" or checking "skip this question" shall not be construed to 56 imply a wish not to donate. In the case of an applicant under eighteen S. 2903--A 3 1 years of age, checking "yes" shall not constitute consent to make an 2 anatomical gift or registration in the donate life registry. Where an 3 applicant has previously consented to make an anatomical gift or regis- 4 tered in the donate life registry, checking "skip this question" or 5 failing to check a box shall not impair that consent or registration]. 6 In addition, the commissioner also shall require that space shall be 7 provided on the application so that the applicant may request a notation 8 upon such license that he or she is a veteran of the United States armed 9 forces. In addition, an applicant for a commercial driver's license who 10 will operate a commercial motor vehicle in interstate commerce shall 11 certify that such applicant meets the requirements to operate a commer- 12 cial motor vehicle, as set forth in public law 99-570, title XII, and 13 title 49 of the code of federal regulations, and all regulations promul- 14 gated by the United States secretary of transportation under the hazard- 15 ous materials transportation act. In addition, an applicant for a 16 commercial driver's license shall submit a medical certificate at such 17 intervals as required by the federal motor carrier safety improvement 18 act of 1999 and Part 383.71(h) of title 49 of the code of federal regu- 19 lations relating to medical certification and in a manner prescribed by 20 the commissioner. For purposes of this section and sections five hundred 21 three, five hundred ten-a, and five hundred ten-aa of this title, the 22 terms "medical certificate" and "medical certification" shall mean a 23 form substantially in compliance with the form set forth in Part 24 391.43(h) of title 49 of the code of federal regulations. Upon a deter- 25 mination that the holder of a commercial driver's license has made any 26 false statement, with respect to the application for such license, the 27 commissioner shall revoke such license. 28 S 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 29 traffic law, as amended by section 3 of part K of chapter 59 of the laws 30 of 2009, is amended to read as follows: 31 (a) A license issued pursuant to subdivision five of this section 32 shall be valid until the expiration date contained thereon, unless such 33 license is suspended, revoked or cancelled. Such license may be renewed 34 by submission of an application for renewal, the fee prescribed by law, 35 proofs of prior licensing, fitness and acceptable vision prescribed by 36 the commissioner, the applicant's social security number OR THE INDIVID- 37 UAL TAX IDENTIFICATION NUMBER WHERE SUCH APPLICANT IS A LEGAL IMMIGRANT, 38 and if required by the commissioner a photo image of the applicant in 39 such numbers and form as the commissioner shall prescribe. In addition, 40 an applicant for renewal of a license containing a hazardous material 41 endorsement shall pass an examination to retain such endorsement. The 42 commissioner shall, with respect to the renewal of a hazardous materials 43 endorsement, comply with the requirements imposed upon states by 44 sections 383.141 and 1572.13 of title 49 of the code of federal regu- 45 lations. A renewal of such license shall be issued by the commissioner 46 upon approval of such application, except that no such license shall be 47 issued if its issuance would be inconsistent with the provisions of 48 section five hundred sixteen of this title, and except that the commis- 49 sioner may refuse to renew such license if the applicant is the holder 50 of a currently valid or renewable license to drive issued by another 51 state or foreign country unless the applicant surrenders such license. 52 S 4. This act shall take effect on the ninetieth day after it shall 53 have become a law; provided that section two of this act shall take 54 effect on October 3, 2016.