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8 REPEALED and a new subdivision 1 is added to read as follows: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.
LBD11567-02-1
S. 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.