Bill Text: NY A00727 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to identification requirements for obtaining a driver's license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A00727 Detail]

Download: New_York-2017-A00727-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           727
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  identifica-
          tion  requirements  for  obtaining  a  driver's license; 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.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
     2  section 490 of the vehicle and traffic law, as amended by chapter 487 of
     3  the laws of 2012, is amended to read as follows:
     4    (i) The commissioner shall upon submission of an appropriate  applica-
     5  tion,  upon payment of the prescribed fee, and upon being satisfied that
     6  the person described is the applicant and that such applicant meets  the
     7  requirements set forth in subdivision two of this section, issue to such
     8  applicant  a  nontransferable  identification  card.    In addition, the
     9  commissioner also shall require that an applicant for an  identification
    10  card  or  renewal thereof provide his or her social security number or a
    11  foreign passport as proof of identity, provided that the passport exhib-
    12  its proof of the applicant's legal entry into the United  States.    The
    13  commissioner  shall  provide  space  so  that an applicant may request a
    14  notation upon such identification card that he or she is  a  veteran  of
    15  the United States armed forces.
    16    §  2.  Subdivision  1 of section 502 of the vehicle and traffic law is
    17  REPEALED and a new subdivision 1 is added to read as follows: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
    20  with such application. The applicant shall furnish such proof of identi-
    21  ty, age, and fitness as may be required by the commissioner. The commis-
    22  sioner may also provide that the application procedure shall include the
    23  taking of a photo image or images of the applicant  in  accordance  with
    24  rules  and  regulations prescribed by the commissioner. In addition, the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06450-01-7
        A. 727                              2
     1  commissioner also shall require that the applicant provide  his  or  her
     2  social  security  number  or  a  foreign  passport as proof of identity,
     3  provided that the passport exhibits proof of the applicant's legal entry
     4  into  the  United  States, and shall provide space on the application so
     5  that the applicant may register in the New York state organ  and  tissue
     6  donor  registry  under  section  forty-three  hundred  ten of the public
     7  health law with the following stated on the  application  in  clear  and
     8  conspicuous type:
     9    "You  must  fill out the following section: Would you like to be added
    10  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    11  tion'."
    12    The  commissioner  of  the  department  of  health  shall not maintain
    13  records of any person who checks "skip this question". Failure to  check
    14  a  box  shall  not impair the validity of an application, and failure to
    15  check "yes" or checking "skip this question" shall not be  construed  to
    16  imply  a  wish not to donate. In the case of an applicant under eighteen
    17  years of age, checking "yes" shall not constitute  consent  to  make  an
    18  anatomical  gift  or  registration in the donate life registry. Where an
    19  applicant has previously consented to make an anatomical gift or  regis-
    20  tered  in  the  donate  life  registry, checking "skip this question" or
    21  failing to check a box shall not impair that  consent  or  registration.
    22  In  addition,  the commissioner shall provide space so that an applicant
    23  may request a notation upon such identification card that he or she is a
    24  veteran of the United States armed forces. In addition, an applicant for
    25  a commercial driver's license who will operate a commercial motor  vehi-
    26  cle  in  interstate commerce shall certify that such applicant meets the
    27  requirements to operate a commercial motor  vehicle,  as  set  forth  in
    28  public  law 99-570, title XII, and title 49 of the code of federal regu-
    29  lations, and all regulations promulgated by the United States  secretary
    30  of  transportation  under the hazardous materials transportation act. In
    31  addition, an applicant for a commercial driver's license shall submit  a
    32  medical  certificate  at such intervals as required by the federal motor
    33  carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
    34  the code of federal regulations relating to medical certification and in
    35  a manner prescribed by the commissioner.  For purposes of  this  section
    36  and  sections  five  hundred three, five hundred ten-a, and five hundred
    37  ten-aa of this title,  the  terms  "medical  certificate"  and  "medical
    38  certification"  shall  mean  a form substantially in compliance with the
    39  form set forth in Part 391.43(h) of title 49  of  the  code  of  federal
    40  regulations.  Upon a determination that the holder of a commercial driv-
    41  er's license has made any false statement, with respect to the  applica-
    42  tion for such license, the commissioner shall revoke such license.
    43    §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
    44  added by section two of this act, is amended to read as follows:
    45    1. Application for license. Application for a driver's  license  shall
    46  be  made to the commissioner. The fee prescribed by law may be submitted
    47  with such application. The applicant shall furnish such proof of identi-
    48  ty, age, and fitness as may be required by the commissioner. The commis-
    49  sioner may also provide that the application procedure shall include the
    50  taking of a photo image or images of the applicant  in  accordance  with
    51  rules  and  regulations prescribed by the commissioner. In addition, the
    52  commissioner also shall require that the applicant provide  his  or  her
    53  social  security  number  or  a  foreign  passport as proof of identity,
    54  provided that the passport exhibits proof of the applicant's legal entry
    55  into the United States, and [shall] provide space on the application  so
    56  that  the  applicant may register in the New York state organ and tissue
        A. 727                              3
     1  donor registry under section  forty-three  hundred  ten  of  the  public
     2  health  law  [with  the following stated on the application in clear and
     3  conspicuous type:
     4    "You  must  fill out the following section: Would you like to be added
     5  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
     6  tion'."
     7    The  commissioner  of  the  department  of  health  shall not maintain
     8  records of any person who checks "skip this question". Failure to  check
     9  a  box  shall  not impair the validity of an application, and failure to
    10  check "yes" or checking "skip this question" shall not be  construed  to
    11  imply  a  wish not to donate. In the case of an applicant under eighteen
    12  years of age, checking "yes" shall not constitute  consent  to  make  an
    13  anatomical  gift  or  registration in the donate life registry. Where an
    14  applicant has previously consented to make an anatomical gift or  regis-
    15  tered  in  the  donate  life  registry, checking "skip this question" or
    16  failing to check a box shall not impair that consent  or  registration].
    17  In  addition,  the commissioner shall provide space so that an applicant
    18  may request a notation upon such identification card that he or she is a
    19  veteran of the United States armed forces. In addition, an applicant for
    20  a commercial driver's license who will operate a commercial motor  vehi-
    21  cle  in  interstate commerce shall certify that such applicant meets the
    22  requirements to operate a commercial motor  vehicle,  as  set  forth  in
    23  public  law 99-570, title XII, and title 49 of the code of federal regu-
    24  lations, and all regulations promulgated by the United States  secretary
    25  of  transportation  under the hazardous materials transportation act. In
    26  addition, an applicant for a commercial driver's license shall submit  a
    27  medical  certificate  at such intervals as required by the federal motor
    28  carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
    29  the code of federal regulations relating to medical certification and in
    30  a manner prescribed by the commissioner.  For purposes of  this  section
    31  and  sections  five  hundred three, five hundred ten-a, and five hundred
    32  ten-aa of this title,  the  terms  "medical  certificate"  and  "medical
    33  certification"  shall  mean  a form substantially in compliance with the
    34  form set forth in Part 391.43(h) of title 49  of  the  code  of  federal
    35  regulations.  Upon a determination that the holder of a commercial driv-
    36  er's license has made any false statement, with respect to the  applica-
    37  tion for such license, the commissioner shall revoke such license.
    38    §  4.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law; provided, however, that section  three  of  this  act
    40  shall take effect October 3, 2018.