Bill Text: NY S05244 | 2023-2024 | General Assembly | Introduced
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 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S05244 Detail]
Download: New_York-2023-S05244-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5244 2023-2024 Regular Sessions IN SENATE February 28, 2023 ___________ Introduced by Sen. WEIK -- 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 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 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 14 separately amended by chapters 158 and 440 of the laws of 2021, is 15 amended to read as follows: 16 1. Application for license. Application for a driver's license shall 17 be made to the commissioner. The fee prescribed by law may be submitted 18 with such application. The applicant shall furnish such proof of identi- 19 ty, age, and fitness as may be required by the commissioner. With 20 respect to a [non-commercial driver's] driving privilege license or 21 learner's permit which does not meet federal standards for identifica- 22 tion, in addition to the acceptable proofs of age and identity approved 23 by the commissioner as of January first, two thousand nineteen, accepta- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06820-01-3S. 5244 2 1 ble proof of identity shall also include, but not be limited to, a 2 valid, unexpired foreign passport issued by the applicant's country of 3 citizenship (which shall also be eligible as proof of age), a valid, 4 unexpired consular identification document issued by a consulate from 5 the applicant's country of citizenship, or a valid foreign driver's 6 license that includes a photo image of the applicant and which is unex- 7 pired or expired for less than twenty-four months of its date of expira- 8 tion, as primary forms of such proof. Nothing contained in this subdivi- 9 sion shall be deemed to preclude the commissioner from approving 10 additional proofs of identity and age. The license shall display the 11 sex designation of M, F, or X as certified by the applicant, with no 12 additional documentation required. The applicant may amend the sex 13 designation of their driver's license upon request. Upon amendment of 14 the sex designation, the change shall be made consistent through all 15 affiliated records within the control of the department. The commission- 16 er may also provide that the application procedure shall include the 17 taking of a photo image or images of the applicant in accordance with 18 rules and regulations prescribed by the commissioner. In addition, the 19 commissioner also shall require that the applicant provide such appli- 20 cant's social security number or, in lieu thereof, with respect to an 21 application for a [non-commercial driver's] driving privilege license or 22 learner's permit which does not meet federal standards for identifica- 23 tion, an affidavit signed by such applicant that they have not been 24 issued a social security number. The commissioner also shall provide 25 space on the application so that the applicant may request a notation 26 upon such license that such applicant is a veteran of the United States 27 armed forces, and space on the application so that the applicant may 28 request a notation upon such license that he or she is a veteran of the 29 United States armed forces, and space on the application so that the 30 applicant may register in the New York state organ and tissue donor 31 registry under section forty-three hundred ten of the public health law 32 with the following stated on the application in clear and conspicuous 33 type: 34 "You must fill out the following section: Would you like to be added 35 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 36 tion'." 37 The commissioner of health shall not maintain records of any person 38 who checks "skip this question". Except where the application is made in 39 person or electronically, failure to check a box shall not impair the 40 validity of an application, and failure to check "yes" or checking "skip 41 this question" shall not be construed to imply a wish not to donate. In 42 the case of an applicant under eighteen years of age, checking "yes" 43 shall not constitute consent to make an anatomical gift or registration 44 in the donate life registry, except as otherwise provided pursuant to 45 the provisions of paragraph (b) of subdivision one of section forty- 46 three hundred one of the public health law. Where an applicant has 47 previously consented to make an anatomical gift or registered in the 48 donate life registry, checking "skip this question" or failing to check 49 a box shall not impair that consent or registration. In addition, an 50 applicant for a commercial driver's license who will operate a commer- 51 cial motor vehicle in interstate commerce shall certify that such appli- 52 cant meets the requirements to operate a commercial motor vehicle, as 53 set forth in public law 99-570, title XII, and title 49 of the code of 54 federal regulations, and all regulations promulgated by the United 55 States secretary of transportation under the hazardous materials trans- 56 portation act. In addition, an applicant for a commercial driver'sS. 5244 3 1 license shall submit a medical certificate at such intervals as required 2 by the federal motor carrier safety improvement act of 1999 and Part 3 383.71(h) of title 49 of the code of federal regulations relating to 4 medical certification and in a manner prescribed by the commissioner. 5 For purposes of this section and sections five hundred three, five 6 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 7 certificate" and "medical certification" shall mean a form substantially 8 in compliance with the form set forth in Part 391.43(h) of title 49 of 9 the code of federal regulations. Upon a determination that the holder of 10 a commercial driver's license has made any false statement, with respect 11 to the application for such license, the commissioner shall revoke such 12 license. 13 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 14 traffic law, as amended by chapter 37 of the laws of 2019, is amended to 15 read as follows: 16 (a) A license issued pursuant to subdivision five of this section 17 shall be valid until the expiration date contained thereon, unless such 18 license is suspended, revoked or cancelled. Such license may be renewed 19 by submission of an application for renewal, the fee prescribed by law, 20 proofs of prior licensing, fitness and acceptable vision prescribed by 21 the commissioner, the applicant's social security number or, in lieu 22 thereof, with respect to an application for a [non-commercial driver's] 23 driving privilege license or learner's permit which does not meet feder- 24 al standards for identification, an affidavit signed by such applicant 25 that they have not been issued a social security number, and if required 26 by the commissioner, a photo image of the applicant in such numbers and 27 form as the commissioner shall prescribe. In addition, an applicant for 28 renewal of a license containing a hazardous material endorsement shall 29 pass an examination to retain such endorsement. The commissioner shall, 30 with respect to the renewal of a hazardous materials endorsement, comply 31 with the requirements imposed upon states by sections 383.141 and 32 1572.13 of title 49 of the code of federal regulations. A renewal of 33 such license shall be issued by the commissioner upon approval of such 34 application, except that no such license shall be issued if its issuance 35 would be inconsistent with the provisions of section five hundred 36 sixteen of this title, and except that the commissioner may refuse to 37 renew such license if the applicant is the holder of a currently valid 38 or renewable license to drive issued by another state or foreign country 39 unless the applicant surrenders such license. 40 § 4. Subdivision 8 of section 502 of the vehicle and traffic law, as 41 added by chapter 37 of the laws of 2019, is amended to read as follows: 42 8. Non-commercial drivers' licenses and learners' permits which do not 43 meet federal standards for identification. [(a)] Non-commercial drivers' 44 licenses and learners' permits which do not meet federal standards for 45 identification shall be issued in such form as the commissioner shall 46 determine, provided that such licenses and permits shall be visually 47 identical to non-commercial drivers' licenses and learners' permits 48 which do meet federal standards for identification except that such 49 licenses and permits may state "Not for Federal Purposes". Provided, 50 however, that the commissioner may promulgate regulations providing for 51 additional design or color indicators for both such non-commercial driv- 52 ers' licenses and learners' permits if required to comply with federal 53 law. 54 8-a. Driving privilege licenses and learners' permits applied for with 55 alternative forms of identification. (a) Driving privilege licenses and 56 learners' permits applied for with alternative forms of identificationS. 5244 4 1 shall be issued in such form as the commissioner shall determine, 2 provided that such licenses and permits shall be visually distinct to 3 non-commercial drivers' licenses and learners' permits which do meet 4 federal standards for identification including, but not limited to, that 5 such licenses and permits shall state a phrase substantially similar to 6 "FOR DRIVING PRIVILEGES ONLY - NOT VALID FOR IDENTIFICATION". Provided, 7 however, that the commissioner may promulgate regulations providing for 8 additional design or color indicators for driving privilege licenses and 9 learners' permits applied for with alternative forms of identification 10 if required to comply with federal law. As used in this section "alter- 11 native forms of identification" shall mean a valid, unexpired foreign 12 passport issued by an applicant's country of citizenship (which shall 13 also be eligible as proof of age), a valid, unexpired consular identifi- 14 cation document issued by a consulate from the applicant's country of 15 citizenship, or a valid foreign driver's license that includes a photo 16 image of the applicant and which is unexpired or expired for less than 17 twenty-four months of its date of expiration. 18 (b) Applicants for a [non-commercial driver's] driving privilege 19 license or learner's permit applied for with alternative forms of iden- 20 tification or a renewal thereof shall not be required to prove that they 21 are lawfully present in the United States. 22 (c) Application forms for [non-commercial drivers'] driving privilege 23 licenses and learners' permits [which do not meet federal standards for] 24 applied for with alternative forms of identification or for renewal 25 thereof shall not state (i) the documents an applicant used to prove age 26 or identity, or (ii) an applicant's ineligibility for a social security 27 number where applicable, or (iii) an applicant's citizenship or immi- 28 gration status. 29 (d) The commissioner and any agent or employee of the commissioner 30 shall not retain the documents or copies of documents presented by 31 applicants for [non-commercial drivers'] driving privilege licenses or 32 learners' permits [which do not meet federal standards for] applied for 33 with alternative forms of identification to prove age or identity except 34 for a limited period necessary to ensure the validity and authenticity 35 of such documents. 36 (e) (i) A [non-commercial driver's] driving privilege license or 37 learner's permit [which does not meet federal standards for] applied for 38 with alternative forms of identification shall not be used as evidence 39 of a person's citizenship or immigration status, and shall not be the 40 basis for investigating, arresting, or detaining a person. (ii) Neither 41 the commissioner nor any agent or employee of the commissioner shall 42 inquire about the citizenship or immigration status of any applicant for 43 a [non-commercial driver's] driving privilege license or learner's 44 permit [which does not meet federal standards for] applied for with 45 alternative forms of identification. 46 § 5. Subdivision 3 of section 5-212 of the election law, as added by 47 chapter 659 of the laws of 1994, is amended to read as follows: 48 3. The voter registration portion of such forms: 49 (a) shall not require any information that duplicates the information 50 required on the application for the driver license portion and shall 51 require only such additional information, including the applicant's 52 signature, as will enable election officials to assess the applicant's 53 eligibility to register to vote, prevent duplicate registration and to 54 administer voter registration and other parts of the election process. 55 (b) shall include a statement of the eligibility requirements for 56 voter registration and shall require the applicant to attest by his orS. 5244 5 1 her signature that he or she meets those requirements under penalty of 2 perjury. 3 (c) shall inform the applicant, in print identical to that used in the 4 attestation section of the following: 5 (i) voter eligibility requirements; 6 (ii) penalties for submission of false registration application; 7 (iii) that the office where applicant registers shall remain confiden- 8 tial and the information be used only for voter registration purposes; 9 (iv) if the applicant declines to register, his or her declination 10 shall remain confidential and be used only for voter registration 11 purposes[;]. 12 (d) notwithstanding any provision of law to the contrary, shall 13 require the applicant to provide his or her social security number. 14 § 6. This act shall take effect immediately.
