Bill Text: NY A09891 | 2019-2020 | General Assembly | Introduced

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Bill Title: Makes technical corrections to provisions of law relating to applications for licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-21 - REFERRED TO RULES [A09891 Detail]

Download: New_York-2019-A09891-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9891

                   IN ASSEMBLY

                                    February 24, 2020
                                       ___________

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

        AN ACT to amend the vehicle and traffic law, in relation to applications
          for 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  issued by the applicant's country of citizenship (which  shall  also  be
    14  eligible  as  proof  of age), a valid, unexpired consular identification
    15  document issued by a consulate from the applicant's country of  citizen-
    16  ship, or a valid foreign driver's license that includes a photo image of
    17  the  applicant  and  which is unexpired or expired for less than twenty-
    18  four months of its date of expiration, as primary forms of  such  proof.
    19  Nothing  contained  in  this subdivision shall be deemed to preclude the
    20  commissioner from approving additional proofs of identity and age.   The
    21  commissioner  may  also  provide  that  the  application procedure shall
    22  include the taking of a photo  image  or  images  of  the  applicant  in
    23  accordance with rules and regulations prescribed by the commissioner. In
    24  addition, the commissioner also shall require that the applicant provide
    25  his  or  her social security number or, in lieu thereof, with respect to
    26  an application for a non-commercial driver's license or learner's permit
    27  which does not meet federal standards for identification,  an  affidavit

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13026-02-0
        A. 9891                             2

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