Bill Text: NY S03937 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Provides for alternate forms of acceptable proof of identity upon the application for a license; allows for foreign passports with or without visa stamps, valid documentation issued by the United States citizenship and immigration services and consular photo identification documents to be acceptable proof of identity; further provides for eligibility for a license not to be conditioned on a particular immigration status.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO TRANSPORTATION [S03937 Detail]

Download: New_York-2009-S03937-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3937
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     April 7, 2009
                                      ___________
       Introduced  by  Sen.  OPPENHEIMER -- 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 issuance  of
         driver's  licenses;  and  providing  for the repeal of such provisions
         upon expiration thereof
         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 identi-
    7  ty, age, and fitness as may be required by the commissioner.  ACCEPTABLE
    8  PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED  TO,  FOREIGN  PASS-
    9  PORTS  WITH OR WITHOUT VISA STAMPS, VALID DOCUMENTATION ISSUED BY UNITED
   10  STATES CITIZENSHIP AND IMMIGRATION SERVICES, AND  CONSULAR  PHOTO  IDEN-
   11  TIFICATION  DOCUMENTS.   ELIGIBILITY FOR A DRIVER'S LICENSE SHALL NOT BE
   12  CONDITIONED ON A PARTICULAR IMMIGRATION  STATUS.  The  commissioner  may
   13  also  provide that the application procedure shall include the taking of
   14  a photo image or images of the applicant in accordance  with  rules  and
   15  regulations prescribed by the commissioner. In addition, the commission-
   16  er  [also]  shall  require  that the applicant provide his or her social
   17  security number [and] OR, WITH RESPECT TO AN APPLICATION FOR A  NON-COM-
   18  MERCIAL DRIVER'S LICENSE, A LETTER OR FORM FROM THE UNITED STATES SOCIAL
   19  SECURITY ADMINISTRATION STATING THAT THE APPLICANT IS NOT ELIGIBLE FOR A
   20  SOCIAL  SECURITY NUMBER OR A SWORN STATEMENT ON A FORM PRESCRIBED BY THE
   21  COMMISSIONER, UNDER PENALTY OF PERJURY, THAT THE APPLICANT DOES NOT HAVE
   22  AND IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER AND ON WHICH A  WITNESS
   23  HOLDING  A  VALID  DRIVER'S  LICENSE  OR  NON-DRIVER IDENTIFICATION CARD
   24  ISSUED BY THE  COMMISSIONER  OR  HAVING  ACCEPTABLE  PROOF  OF  IDENTITY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07801-02-9
       S. 3937                             2
    1  ATTESTS,  UNDER  PENALTY  OF PERJURY, TO THE IDENTITY AND ADDRESS OF THE
    2  APPLICANT. THE COMMISSIONER SHALL ALSO provide space on the  application
    3  so  that  the  applicant  may  register  in the New York state organ and
    4  tissue  donor  registry  under  section  forty-three  hundred ten of the
    5  public health law. In addition, an applicant for a  commercial  driver's
    6  license  who  will  operate  a  commercial  motor  vehicle in interstate
    7  commerce shall certify that such applicant  meets  the  requirements  to
    8  operate  a  commercial motor vehicle, as set forth in public law 99-570,
    9  title XII, and title 49 of the code  of  federal  regulations,  and  all
   10  regulations promulgated by the United States secretary of transportation
   11  under  the  hazardous materials transportation act. Upon a determination
   12  that the holder of a commercial driver's  license  has  made  any  false
   13  statement, with respect to the application for such license, the commis-
   14  sioner shall revoke such license.
   15    S  2. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
   16  traffic law, as amended by chapter 81 of the laws of 1995, is amended to
   17  read as follows:
   18    (a) A license issued pursuant to  subdivision  five  of  this  section
   19  shall  be valid until the expiration date contained thereon, unless such
   20  license is suspended, revoked or cancelled. Such license may be  renewed
   21  by  submission of an application for renewal, the fee prescribed by law,
   22  proofs of prior licensing, fitness and acceptable vision  prescribed  by
   23  the  commissioner,  the  applicant's  social  security  number  OR, WITH
   24  RESPECT TO AN APPLICATION  FOR  A  NON-COMMERCIAL  DRIVER'S  LICENSE,  A
   25  LETTER  OR  FORM  FROM  THE UNITED STATES SOCIAL SECURITY ADMINISTRATION
   26  STATING THAT THE APPLICANT IS NOT ELIGIBLE FOR A SOCIAL SECURITY  NUMBER
   27  OR  A  SWORN  STATEMENT  ON A FORM PRESCRIBED BY THE COMMISSIONER, UNDER
   28  PENALTY OF PERJURY, STATING THAT THE APPLICANT DOES NOT HAVE AND IS  NOT
   29  ELIGIBLE  FOR  A SOCIAL SECURITY NUMBER AND ON WHICH A WITNESS HOLDING A
   30  VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED  BY  THE
   31  COMMISSIONER  OR  HAVING  ACCEPTABLE  PROOF  OF  IDENTITY ATTESTS, UNDER
   32  PENALTY OF PERJURY, TO THE IDENTITY AND ADDRESS OF THE APPLICANT, and if
   33  required by the commissioner a photo image  of  the  applicant  in  such
   34  numbers  and  form as the commissioner shall prescribe.  In addition, an
   35  applicant for renewal of  a  license  containing  a  hazardous  material
   36  endorsement  shall  pass  an  examination  to retain such endorsement. A
   37  renewal of such  license  shall  be  issued  by  the  commissioner  upon
   38  approval  of  such  application,  except  that  no such license shall be
   39  issued if its issuance would be  inconsistent  with  the  provisions  of
   40  section  five  hundred  sixteen of this [chapter] TITLE, and except that
   41  the commissioner may refuse to renew such license if  the  applicant  is
   42  the  holder of a currently valid or renewable license to drive issued by
   43  another state or foreign country unless the  applicant  surrenders  such
   44  license.
   45    S 3. This act shall take effect on the one hundred eightieth day after
   46  it  shall  have  become a law and shall expire January 1, 2011 when upon
   47  such date the provisions of this act shall be deemed repealed;  provided
   48  that  the  commissioner  of motor vehicles is authorized and directed to
   49  promulgate  any  rules  and  regulations  necessary  to  implement   the
   50  provisions of this act on its effective date.