Bill Text: NY S06992 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the issue of non-commercial drivers' licenses and learners' permits in counties which contain in whole or in part boundary land.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S06992 Detail]
Download: New_York-2021-S06992-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6992 2021-2022 Regular Sessions IN SENATE May 21, 2021 ___________ Introduced by Sen. STEC -- 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 the issue of non-commercial drivers' licenses and learners' permits in counties which contain in whole or in part boundary land; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 201 of the vehicle and traffic law is amended by 2 adding a new subdivision 13 to read as follows: 3 13. Notwithstanding any other provision of law to the contrary, subdi- 4 visions eight, nine, ten, eleven, and twelve of this section shall not 5 apply to counties which contain in whole or in part boundary land 6 defined in section five of the state law. 7 § 2. Subdivision 1 of section 502 of the vehicle and traffic law is 8 REPEALED and a new subdivision 1 is added to read as follows: 9 1. Application for license. Application for a driver's license shall 10 be made to the commissioner. The fee prescribed by law may be submitted 11 with such application. The applicant shall furnish such proof of identi- 12 ty, age, and fitness as may be required by the commissioner. With 13 respect to a non-commercial driver's license or learner's permit which 14 does not meet federal standards for identification, in addition to the 15 acceptable proofs of age and identity approved by the commissioner as 16 of January first, two thousand nineteen, acceptable proof of identity 17 shall, in counties other than those which contain in whole or in part 18 boundary land defined in section five of the state law, also include, 19 but not be limited to, a valid, unexpired foreign passport issued by the 20 applicant's country of citizenship (which shall also be eligible as 21 proof of age), a valid, unexpired consular identification document 22 issued by a consulate from the applicant's country of citizenship, or a 23 valid foreign driver's license that includes a photo image of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11567-02-1S. 6992 2 1 applicant and which is unexpired or expired for less than twenty-four 2 months of its date of expiration, as primary forms of such proof. Noth- 3 ing contained in this subdivision shall be deemed to preclude the 4 commissioner from approving additional proofs of identity and age. The 5 commissioner may also provide that the application procedure shall 6 include the taking of a photo image or images of the applicant in 7 accordance with rules and regulations prescribed by the commissioner. In 8 addition, the commissioner also shall require that the applicant provide 9 his or her social security number or, in lieu thereof in counties other 10 than those which contain in whole or in part boundary land defined in 11 section five of the state law, with respect to an application for a 12 non-commercial driver's license or learner's permit which does not meet 13 federal standards for identification, an affidavit signed by such appli- 14 cant that they have not been issued a social security number. The 15 commissioner also shall provide space on the application so that the 16 applicant may request a notation upon such license that he or she is a 17 veteran of the United States armed forces. The commissioner also shall 18 provide space on the application so that the applicant may register in 19 the New York state organ and tissue donor registry under section 20 forty-three hundred ten of the public health law with the following 21 stated on the application in clear and conspicuous type: 22 "You must fill out the following section: Would you like to be added 23 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 24 tion'." 25 The commissioner of health shall not maintain records of any person 26 who checks "skip this question". Except where the application is made 27 in person or electronically, failure to check a box shall not impair the 28 validity of an application, and failure to check "yes" or checking "skip 29 this question" shall not be construed to imply a wish not to donate. In 30 the case of an applicant under eighteen years of age, checking "yes" 31 shall not constitute consent to make an anatomical gift or registration 32 in the donate life registry, except as otherwise provided pursuant to 33 the provisions of paragraph (b) of subdivision one of section forty- 34 three hundred one of the public health law. Where an applicant has 35 previously consented to make an anatomical gift or registered in the 36 donate life registry, checking "skip this question" or failing to check 37 a box shall not impair that consent or registration. In addition, an 38 applicant for a commercial driver's license who will operate a commer- 39 cial motor vehicle in interstate commerce shall certify that such 40 applicant meets the requirements to operate a commercial motor vehicle, 41 as set forth in public law 99-570, title XII, and title 49 of the code 42 of federal regulations, and all regulations promulgated by the United 43 States secretary of transportation under the hazardous materials trans- 44 portation act. In addition, an applicant for a commercial driver's 45 license shall submit a medical certificate at such intervals as required 46 by the federal motor carrier safety improvement act of 1999 and Part 47 383.71(h) of title 49 of the code of federal regulations relating to 48 medical certification and in a manner prescribed by the commissioner. 49 For purposes of this section and sections five hundred three, five 50 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 51 certificate" and "medical certification" shall mean a form substantial- 52 ly in compliance with the form set forth in Part 391.43(h) of title 49 53 of the code of federal regulations. Upon a determination that the hold- 54 er of a commercial driver's license has made any false statement, with 55 respect to the application for such license, the commissioner shall 56 revoke such license.S. 6992 3 1 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 2 traffic law, as amended by chapter 37 of the laws of 2019, is amended to 3 read as follows: 4 (a) A license issued pursuant to subdivision five of this section 5 shall be valid until the expiration date contained thereon, unless such 6 license is suspended, revoked or cancelled. Such license may be renewed 7 by submission of an application for renewal, the fee prescribed by law, 8 proofs of prior licensing, fitness and acceptable vision prescribed by 9 the commissioner, the applicant's social security number or, in lieu 10 thereof in counties other than those which contain in whole or in part 11 boundary land defined in section five of the state law, with respect to 12 an application for a non-commercial driver's license or learner's permit 13 which does not meet federal standards for identification, an affidavit 14 signed by such applicant that they have not been issued a social securi- 15 ty number, and if required by the commissioner, a photo image of the 16 applicant in such numbers and form as the commissioner shall prescribe. 17 In addition, an applicant for renewal of a license containing a hazard- 18 ous material endorsement shall pass an examination to retain such 19 endorsement. The commissioner shall, with respect to the renewal of a 20 hazardous materials endorsement, comply with the requirements imposed 21 upon states by sections 383.141 and 1572.13 of title 49 of the code of 22 federal regulations. A renewal of such license shall be issued by the 23 commissioner upon approval of such application, except that no such 24 license shall be issued if its issuance would be inconsistent with the 25 provisions of section five hundred sixteen of this title, and except 26 that the commissioner may refuse to renew such license if the applicant 27 is the holder of a currently valid or renewable license to drive issued 28 by another state or foreign country unless the applicant surrenders such 29 license. 30 § 4. Subdivision 8 of section 502 of the vehicle and traffic law is 31 amended by adding a new paragraph (f) to read as follows: 32 (f) This subdivision shall not apply to counties which contain in 33 whole or in part boundary land defined in section five of the state law. 34 § 5. Subdivision 3 of section 508 of the vehicle and traffic law, as 35 amended by chapter 37 of the laws of 2019, is amended to read as 36 follows: 37 3. License record. The commissioner shall keep a record of every 38 license issued which record shall be open to public inspection during 39 reasonable business hours. Provided, however, in counties other than 40 those which contain in whole or in part boundary land defined in section 41 five of the state law, that the following information whenever contained 42 within the record of non-commercial drivers' licenses and learners' 43 permits shall not be open to public inspection: the photo image, social 44 security number, client identification number, name, address, telephone 45 number, place of birth, country of origin, place of employment, school 46 or educational institution attended, source of income, status as a 47 recipient of public benefits, the customer identification number associ- 48 ated with a public utilities account, medical information or disability 49 information of any holders of, or applicants for, such licenses and 50 permits, and whether such licenses or permits meet federal standards for 51 identification or do not meet federal standards for identification. 52 Neither the commissioner nor his agent shall be required to allow the 53 inspection of an application, or to furnish a copy thereof, or informa- 54 tion therefrom, until a license has been issued thereon. 55 § 6. This act shall take effect immediately.
