Bill Text: NY A05028 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes valid, unexpired national identity cards to be included as acceptable proofs of age and identity for applications for driver's licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A05028 Detail]

Download: New_York-2021-A05028-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5028

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2021
                                       ___________

        Introduced  by M. of A. RAMOS -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law,  in  relation  to  allowing
          national identity cards to be included as acceptable proofs of age and
          identity for applications for driver's licenses; 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. Subdivision 1 of section 502 of  the  vehicle  and  traffic
     2  law, as amended by chapter 37 of the laws of 2019, is amended to read as
     3  follows:
     4    1.  Application  for license. Application for a driver's license shall
     5  be made to the commissioner. The fee prescribed by law may be  submitted
     6  with such application. The applicant shall furnish such proof of identi-
     7  ty,  age,  and  fitness  as  may  be  required by the commissioner. With
     8  respect to a non-commercial driver's license or learner's  permit  which
     9  does  not  meet federal standards for identification, in addition to the
    10  acceptable proofs of age and identity approved by the commissioner as of
    11  January first, two thousand nineteen, acceptable proof of identity shall
    12  also include, but not be limited to, a valid, unexpired foreign passport
    13  or national identity card issued by the applicant's country of  citizen-
    14  ship  (which shall also be eligible as proof of age), a valid, unexpired
    15  consular identification document issued by a consulate from  the  appli-
    16  cant's  country of citizenship, or a valid foreign driver's license that
    17  includes a photo image of  the  applicant  and  which  is  unexpired  or
    18  expired  for  less than twenty-four months of its date of expiration, as
    19  primary forms of such proof. Nothing contained in this subdivision shall
    20  be deemed to preclude the commissioner from approving additional  proofs
    21  of  identity and age.  The commissioner may also provide that the appli-
    22  cation procedure shall include the taking of a photo image or images  of
    23  the applicant in accordance with rules and regulations prescribed by the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08002-01-1
        A. 5028                             2

     1  commissioner.  In addition, the commissioner also shall require that the
     2  applicant provide his or her social security number or, in lieu thereof,
     3  with respect to an application for a non-commercial driver's license  or
     4  learner's  permit  which does not meet federal standards for identifica-
     5  tion, an affidavit signed by such applicant  that  they  have  not  been
     6  issued  a  social  security  number. The commissioner also shall provide
     7  space on the application so that the applicant may  request  a  notation
     8  upon such license that he or she is a veteran of the United States armed
     9  forces,  and space on the application so that the applicant may register
    10  in the New York state organ and  tissue  donor  registry  under  section
    11  forty-three  hundred  ten  of  the  public health law with the following
    12  stated on the application in clear and conspicuous type:
    13    "You must fill out the following section: Would you like to  be  added
    14  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    15  tion'."
    16    The commissioner of health shall not maintain records  of  any  person
    17  who checks "skip this question". Except where the application is made in
    18  person  or  electronically,  failure to check a box shall not impair the
    19  validity of an application, and failure to check "yes" or checking "skip
    20  this question" shall not be construed to imply a wish not to donate.  In
    21  the  case  of  an  applicant under eighteen years of age, checking "yes"
    22  shall not constitute consent to make an anatomical gift or  registration
    23  in  the  donate  life registry, except as otherwise provided pursuant to
    24  the provisions of paragraph (b) of subdivision  one  of  section  forty-
    25  three  hundred  one  of  the  public  health law. Where an applicant has
    26  previously consented to make an anatomical gift  or  registered  in  the
    27  donate  life registry, checking "skip this question" or failing to check
    28  a box shall not impair that consent or  registration.  In  addition,  an
    29  applicant  for  a commercial driver's license who will operate a commer-
    30  cial motor vehicle in interstate commerce shall certify that such appli-
    31  cant meets the requirements to operate a commercial  motor  vehicle,  as
    32  set  forth  in public law 99-570, title XII, and title 49 of the code of
    33  federal regulations, and  all  regulations  promulgated  by  the  United
    34  States  secretary of transportation under the hazardous materials trans-
    35  portation act. In addition,  an  applicant  for  a  commercial  driver's
    36  license shall submit a medical certificate at such intervals as required
    37  by  the  federal  motor  carrier safety improvement act of 1999 and Part
    38  383.71(h) of title 49 of the code of  federal  regulations  relating  to
    39  medical  certification  and  in a manner prescribed by the commissioner.
    40  For purposes of this section  and  sections  five  hundred  three,  five
    41  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    42  certificate" and "medical certification" shall mean a form substantially
    43  in  compliance  with the form set forth in Part 391.43(h) of title 49 of
    44  the code of federal regulations. Upon a determination that the holder of
    45  a commercial driver's license has made any false statement, with respect
    46  to the application for such license, the commissioner shall revoke  such
    47  license.
    48    §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
    49  amended by chapter 487 of the laws of 2012, is REPEALED.
    50    § 3. This act shall take effect immediately.