Bill Text: NY S04447 | 2021-2022 | General Assembly | Amended
Bill Title: Implements driving privilege licenses for applicants with alternative forms of identification; requires a social security number to register to vote on an application for a motor vehicle driver's license.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S04447 Detail]
Download: New_York-2021-S04447-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4447--B 2021-2022 Regular Sessions IN SENATE February 4, 2021 ___________ Introduced by Sens. JORDAN, AKSHAR, ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 driving privilege licenses and making technical corrections; to amend the election law, in relation to registering to vote on an application for a motor vehicle 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 501 of the vehicle and traffic law is amended by 2 adding a new subdivision 7 to read as follows: 3 7. Driving privilege licenses. (a) The commissioner shall issue driv- 4 ing privilege licenses as provided in this article. Such license shall 5 be valid only for the operation of a motor vehicle of a type which could 6 be operated by the holder of the class of license for which application 7 is being made, provided, however that no driving privilege license shall 8 be issued which would be equivalent to a commercial driver's license. 9 (b) (i) No governmental entity shall accept a driving privilege 10 license as proof of personal identification. 11 (ii) No driving privilege license shall be used as a document provid- 12 ing proof of a person's age for any government required purpose. 13 (iii) No driving privilege license shall be used as a document provid- 14 ing proof of a person's residency for any government required purpose. 15 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 16 amended by chapter 440 of the laws of 2021, is amended to read as 17 follows: 18 1. Application for license. Application for a driver's license shall 19 be made to the commissioner. The fee prescribed by law may be submitted EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09349-04-1S. 4447--B 2 1 with such application. The applicant shall furnish such proof of identi- 2 ty, age, and fitness as may be required by the commissioner. With 3 respect to a [non-commercial driver's] driving privilege license or 4 learner's permit which does not meet federal standards for identifica- 5 tion, in addition to the acceptable proofs of age and identity approved 6 by the commissioner as of January first, two thousand nineteen, accepta- 7 ble proof of identity shall also include, but not be limited to, a 8 valid, unexpired foreign passport issued by the applicant's country of 9 citizenship (which shall also be eligible as proof of age), a valid, 10 unexpired consular identification document issued by a consulate from 11 the applicant's country of citizenship, or a valid foreign driver's 12 license that includes a photo image of the applicant and which is unex- 13 pired or expired for less than twenty-four months of its date of expira- 14 tion, as primary forms of such proof. Nothing contained in this subdivi- 15 sion shall be deemed to preclude the commissioner from approving 16 additional proofs of identity and age. The commissioner may also 17 provide that the application procedure shall include the taking of a 18 photo image or images of the applicant in accordance with rules and 19 regulations prescribed by the commissioner. In addition, the commission- 20 er also shall require that the applicant provide his or her social secu- 21 rity number or, in lieu thereof, with respect to an application for a 22 [non-commercial driver's] driving privilege license or learner's permit 23 which does not meet federal standards for identification, an affidavit 24 signed by such applicant that they have not been issued a social securi- 25 ty number. The commissioner also shall provide space on the application 26 so that the applicant may request a notation upon such license that he 27 or she is a veteran of the United States armed forces, and space on the 28 application so that the applicant may register in the New York state 29 organ and tissue donor registry under section forty-three hundred ten of 30 the public health law with the following stated on the application in 31 clear and conspicuous type: 32 "You must fill out the following section: Would you like to be added 33 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 34 tion'." 35 The commissioner of health shall not maintain records of any person 36 who checks "skip this question". Except where the application is made in 37 person or electronically, failure to check a box shall not impair the 38 validity of an application, and failure to check "yes" or checking "skip 39 this question" shall not be construed to imply a wish not to donate. In 40 the case of an applicant under eighteen years of age, checking "yes" 41 shall not constitute consent to make an anatomical gift or registration 42 in the donate life registry, except as otherwise provided pursuant to 43 the provisions of paragraph (b) of subdivision one of section forty- 44 three hundred one of the public health law. Where an applicant has 45 previously consented to make an anatomical gift or registered in the 46 donate life registry, checking "skip this question" or failing to check 47 a box shall not impair that consent or registration. In addition, an 48 applicant for a commercial driver's license who will operate a commer- 49 cial motor vehicle in interstate commerce shall certify that such appli- 50 cant meets the requirements to operate a commercial motor vehicle, as 51 set forth in public law 99-570, title XII, and title 49 of the code of 52 federal regulations, and all regulations promulgated by the United 53 States secretary of transportation under the hazardous materials trans- 54 portation act. In addition, an applicant for a commercial driver's 55 license shall submit a medical certificate at such intervals as required 56 by the federal motor carrier safety improvement act of 1999 and PartS. 4447--B 3 1 383.71(h) of title 49 of the code of federal regulations relating to 2 medical certification and in a manner prescribed by the commissioner. 3 For purposes of this section and sections five hundred three, five 4 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 5 certificate" and "medical certification" shall mean a form substantially 6 in compliance with the form set forth in Part 391.43(h) of title 49 of 7 the code of federal regulations. Upon a determination that the holder of 8 a commercial driver's license has made any false statement, with respect 9 to the application for such license, the commissioner shall revoke such 10 license. 11 § 2-a. Subdivision 1 of section 502 of the vehicle and traffic law, 12 as separately amended by chapters 158 and 440 of the laws of 13 2021, is amended to read as follows: 14 1. Application for license. Application for a driver's license shall 15 be made to the commissioner. The fee prescribed by law may be submitted 16 with such application. The applicant shall furnish such proof of identi- 17 ty, age, and fitness as may be required by the commissioner. With 18 respect to a [non-commercial driver's] driving privilege license or 19 learner's permit which does not meet federal standards for identifica- 20 tion, in addition to the acceptable proofs of age and identity approved 21 by the commissioner as of January first, two thousand nineteen, accepta- 22 ble proof of identity shall also include, but not be limited to, a 23 valid, unexpired foreign passport issued by the applicant's country of 24 citizenship (which shall also be eligible as proof of age), a valid, 25 unexpired consular identification document issued by a consulate from 26 the applicant's country of citizenship, or a valid foreign driver's 27 license that includes a photo image of the applicant and which is unex- 28 pired or expired for less than twenty-four months of its date of expira- 29 tion, as primary forms of such proof. Nothing contained in this subdivi- 30 sion shall be deemed to preclude the commissioner from approving 31 additional proofs of identity and age. The license shall display the 32 sex designation of M, F, or X as certified by the applicant, with no 33 additional documentation required. The applicant may amend the sex 34 designation of their driver's license upon request. Upon amendment of 35 the sex designation, the change shall be made consistent through all 36 affiliated records within the control of the department. The commission- 37 er may also provide that the application procedure shall include the 38 taking of a photo image or images of the applicant in accordance with 39 rules and regulations prescribed by the commissioner. In addition, the 40 commissioner also shall require that the applicant provide such appli- 41 cant's social security number or, in lieu thereof, with respect to an 42 application for a [non-commercial driver's] driving privilege license or 43 learner's permit which does not meet federal standards for identifica- 44 tion, an affidavit signed by such applicant that they have not been 45 issued a social security number. The commissioner also shall provide 46 space on the application so that the applicant may request a notation 47 upon such license that such applicant is a veteran of the United States 48 armed forces, and space on the application so that the applicant may 49 request a notation upon such license that he or she is a veteran of the 50 United States armed forces, and space on the application so that the 51 applicant may register in the New York state organ and tissue donor 52 registry under section forty-three hundred ten of the public health law 53 with the following stated on the application in clear and conspicuous 54 type:S. 4447--B 4 1 "You must fill out the following section: Would you like to be added 2 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 3 tion'." 4 The commissioner of health shall not maintain records of any person 5 who checks "skip this question". Except where the application is made in 6 person or electronically, failure to check a box shall not impair the 7 validity of an application, and failure to check "yes" or checking "skip 8 this question" shall not be construed to imply a wish not to donate. In 9 the case of an applicant under eighteen years of age, checking "yes" 10 shall not constitute consent to make an anatomical gift or registration 11 in the donate life registry, except as otherwise provided pursuant to 12 the provisions of paragraph (b) of subdivision one of section forty- 13 three hundred one of the public health law. Where an applicant has 14 previously consented to make an anatomical gift or registered in the 15 donate life registry, checking "skip this question" or failing to check 16 a box shall not impair that consent or registration. In addition, an 17 applicant for a commercial driver's license who will operate a commer- 18 cial motor vehicle in interstate commerce shall certify that such appli- 19 cant meets the requirements to operate a commercial motor vehicle, as 20 set forth in public law 99-570, title XII, and title 49 of the code of 21 federal regulations, and all regulations promulgated by the United 22 States secretary of transportation under the hazardous materials trans- 23 portation act. In addition, an applicant for a commercial driver's 24 license shall submit a medical certificate at such intervals as required 25 by the federal motor carrier safety improvement act of 1999 and Part 26 383.71(h) of title 49 of the code of federal regulations relating to 27 medical certification and in a manner prescribed by the commissioner. 28 For purposes of this section and sections five hundred three, five 29 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 30 certificate" and "medical certification" shall mean a form substantially 31 in compliance with the form set forth in Part 391.43(h) of title 49 of 32 the code of federal regulations. Upon a determination that the holder of 33 a commercial driver's license has made any false statement, with respect 34 to the application for such license, the commissioner shall revoke such 35 license. 36 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 37 traffic law, as amended by chapter 37 of the laws of 2019, is amended to 38 read as follows: 39 (a) A license issued pursuant to subdivision five of this section 40 shall be valid until the expiration date contained thereon, unless such 41 license is suspended, revoked or cancelled. Such license may be renewed 42 by submission of an application for renewal, the fee prescribed by law, 43 proofs of prior licensing, fitness and acceptable vision prescribed by 44 the commissioner, the applicant's social security number or, in lieu 45 thereof, with respect to an application for a [non-commercial driver's] 46 driving privilege license or learner's permit which does not meet feder- 47 al standards for identification, an affidavit signed by such applicant 48 that they have not been issued a social security number, and if required 49 by the commissioner, a photo image of the applicant in such numbers and 50 form as the commissioner shall prescribe. In addition, an applicant for 51 renewal of a license containing a hazardous material endorsement shall 52 pass an examination to retain such endorsement. The commissioner shall, 53 with respect to the renewal of a hazardous materials endorsement, comply 54 with the requirements imposed upon states by sections 383.141 and 55 1572.13 of title 49 of the code of federal regulations. A renewal of 56 such license shall be issued by the commissioner upon approval of suchS. 4447--B 5 1 application, except that no such license shall be issued if its issuance 2 would be inconsistent with the provisions of section five hundred 3 sixteen of this title, and except that the commissioner may refuse to 4 renew such license if the applicant is the holder of a currently valid 5 or renewable license to drive issued by another state or foreign country 6 unless the applicant surrenders such license. 7 § 4. Subdivision 8 of section 502 of the vehicle and traffic law, as 8 added by chapter 37 of the laws of 2019, is amended to read as follows: 9 8. [Non-commercial drivers'] Driving privilege licenses and learners' 10 permits which do not meet federal standards for identification. [(a)11Non-commercial drivers'] Driving privilege licenses and learners' 12 permits which do not meet federal standards for identification shall be 13 issued in such form as the commissioner shall determine, provided that 14 such licenses and permits shall be visually identical to [non-commercial15drivers'] driving privilege licenses and learners' permits which do meet 16 federal standards for identification except that such licenses and 17 permits may state "Not for Federal Purposes". Provided, however, that 18 the commissioner may promulgate regulations providing for additional 19 design or color indicators for both such [non-commercial drivers'] driv- 20 ing privilege licenses and learners' permits if required to comply with 21 federal law. 22 8-a. Driving privilege licenses and learners' permits applied for with 23 alternative forms of identification. (a) Driving privilege licenses and 24 learners' permits applied for with alternative forms of identification 25 shall be issued in such form as the commissioner shall determine, 26 provided that such licenses and permits shall be visually distinct to 27 non-commercial drivers' licenses and learners' permits which do meet 28 federal standards for identification including, but not limited to, that 29 such licenses and permits shall state a phrase substantially similar to 30 "FOR DRIVING PRIVILEGES ONLY - NOT VALID FOR IDENTIFICATION". Provided, 31 however, that the commissioner may promulgate regulations providing for 32 additional design or color indicators for driving privilege licenses and 33 learners' permits applied for with alternative forms of identification 34 if required to comply with federal law. As used in this section "alter- 35 native forms of identification" shall mean a valid, unexpired foreign 36 passport issued by an applicant's country of citizenship (which shall 37 also be eligible as proof of age), a valid, unexpired consular identifi- 38 cation document issued by a consulate from the applicant's country of 39 citizenship, or a valid foreign driver's license that includes a photo 40 image of the applicant and which is unexpired or expired for less than 41 twenty-four months of its date of expiration. 42 (b) Applicants for a [non-commercial driver's] driving privilege 43 license or learner's permit applied for with alternative forms of iden- 44 tification or a renewal thereof shall not be required to prove that they 45 are lawfully present in the United States. 46 (c) Application forms for [non-commercial drivers'] driving privilege 47 licenses and learners' permits [which do not meet federal standards for] 48 applied for with alternative forms of identification or for renewal 49 thereof shall not state (i) the documents an applicant used to prove age 50 or identity, or (ii) an applicant's ineligibility for a social security 51 number where applicable, or (iii) an applicant's citizenship or immi- 52 gration status. 53 (d) The commissioner and any agent or employee of the commissioner 54 shall not retain the documents or copies of documents presented by 55 applicants for [non-commercial drivers'] driving privilege licenses or 56 learners' permits [which do not meet federal standards for] applied forS. 4447--B 6 1 with alternative forms of identification to prove age or identity except 2 for a limited period necessary to ensure the validity and authenticity 3 of such documents. 4 (e) (i) A [non-commercial driver's] driving privilege license or 5 learner's permit [which does not meet federal standards for] applied for 6 with alternative forms of identification shall not be used as evidence 7 of a person's citizenship or immigration status, and shall not be the 8 basis for investigating, arresting, or detaining a person. (ii) Neither 9 the commissioner nor any agent or employee of the commissioner shall 10 inquire about the citizenship or immigration status of any applicant for 11 a [non-commercial driver's] driving privilege license or learner's 12 permit [which does not meet federal standards for] applied for with 13 alternative forms of identification. 14 § 5. Subdivision 3 of section 5-212 of the election law, as added by 15 chapter 659 of the laws of 1994, is amended to read as follows: 16 3. The voter registration portion of such forms: 17 (a) shall not require any information that duplicates the information 18 required on the application for the driver license portion and shall 19 require only such additional information, including the applicant's 20 signature, as will enable election officials to assess the applicant's 21 eligibility to register to vote, prevent duplicate registration and to 22 administer voter registration and other parts of the election process. 23 (b) shall include a statement of the eligibility requirements for 24 voter registration and shall require the applicant to attest by his or 25 her signature that he or she meets those requirements under penalty of 26 perjury. 27 (c) shall inform the applicant, in print identical to that used in the 28 attestation section of the following: 29 (i) voter eligibility requirements; 30 (ii) penalties for submission of false registration application; 31 (iii) that the office where applicant registers shall remain confiden- 32 tial and the information be used only for voter registration purposes; 33 (iv) if the applicant declines to register, his or her declination 34 shall remain confidential and be used only for voter registration 35 purposes[;]. 36 (d) notwithstanding any provision of law to the contrary, shall 37 require the applicant to provide his or her social security number. 38 § 6. This act shall take effect immediately; provided, however, that 39 the amendments to subdivision 1 of section 502 of the vehicle and traf- 40 fic law made by section two of this act shall be subject to the expira- 41 tion of such subdivision, when upon such date the provisions of section 42 two-a of this act shall take effect.