Bill Text: NY S00318 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner to issue driving privilege cards to persons not otherwise qualified to receive a driver's license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S00318 Detail]

Download: New_York-2011-S00318-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          318
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  DIAZ  --  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 issuance
         of driving privilege cards
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 531 to read as follows:
    3    S 531.  DRIVING  PRIVILEGE  CARDS.  1.  NOTWITHSTANDING  ANY  CONTRARY
    4  PROVISION  OF  LAW,  THE COMMISSIONER MAY, SUBJECT TO THE LIMITATIONS OF
    5  SUBDIVISION TWO OF THIS SECTION, ISSUE A DRIVING  PRIVILEGE  CARD  TO  A
    6  PERSON WHO SATISFIES THE REQUIREMENTS FOR ISSUANCE OF A DRIVER'S LICENSE
    7  PURSUANT  TO  SECTION  FIVE  HUNDRED  TWO  OF  THIS TITLE BUT WHO CANNOT
    8  PROVIDE:
    9    (A) PROOF OF LAWFUL PRESENCE IN THE UNITED STATES; OR
   10    (B) SUFFICIENT IDENTIFYING DOCUMENTATION.
   11    2. AN APPLICANT SHALL NOT BE ISSUED A DRIVING  PRIVILEGE  CARD  UNLESS
   12  SUCH APPLICANT:
   13    (A)  SURRENDERS  TO THE COMMISSIONER ANY DRIVER'S LICENSE POSSESSED BY
   14  THE APPLICANT THAT WAS ISSUED BY A STATE OR POLITICAL SUBDIVISION OF THE
   15  UNITED STATES OR AFFIRMS IN WRITING THAT THE APPLICANT DOES NOT  POSSESS
   16  A DRIVER'S LICENSE ISSUED BY THIS OR ANY OTHER STATE OR POLITICAL SUBDI-
   17  VISION OF THE UNITED STATES; AND
   18    (B)  AFFIRMS  IN  WRITING THAT THE APPLICANT RESIDES IN THIS STATE AND
   19  PROVIDES DOCUMENTATION TO VERIFY THAT THE APPLICANT RESIDES IN THE STATE
   20  THAT IS CONSISTENT WITH THE REGULATIONS PROMULGATED BY THE  COMMISSIONER
   21  PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION; AND
   22    (C) AFFIRMS IN WRITING THAT THE APPLICANT IS OF LEGAL AGE TO OPERATE A
   23  MOTOR VEHICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01859-01-1
       S. 318                              2
    1    3. AN APPLICANT FOR A DRIVING PRIVILEGE CARD SHALL PAY ALL FEES APPLI-
    2  CABLE  FOR  THE  ISSUANCE  OF  A  DRIVER'S LICENSE. THE COMMISSIONER MAY
    3  CHARGE THE APPLICANT AN ADDITIONAL  FEE  TO  OFFSET  THE  ADMINISTRATIVE
    4  COSTS  ASSOCIATED WITH THE PRODUCTION AND DISTRIBUTION OF DRIVING PRIVI-
    5  LEGE CARDS.
    6    4.  A  DRIVING PRIVILEGE CARD SHALL BE VALID FOR ONE YEAR FROM DATE OF
    7  ISSUE, PROVIDED, HOWEVER, THE COMMISSIONER MAY SET A DATE FOR  AN  INDI-
    8  VIDUAL  CARD'S  EXPIRATION THAT IS LESS THAN ONE YEAR. WHILE THE CARD IS
    9  VALID, THE HOLDER SHALL HAVE THE SAME PRIVILEGES AND SHALL BE  BOUND  BY
   10  THE SAME LEGAL RESPONSIBILITIES WITH RESPECT TO THE OPERATION OF A MOTOR
   11  VEHICLE  AS  THE  HOLDER  OF  A DRIVER'S LICENSE ISSUED PURSUANT TO THIS
   12  TITLE.
   13    5. A DRIVING PRIVILEGE CARD SHALL NOT BE RECOGNIZED AS A FORM OF IDEN-
   14  TIFICATION EXCEPT FOR THE  PURPOSE  OF  VERIFYING  THAT  THE  HOLDER  IS
   15  AUTHORIZED TO OPERATE A MOTOR VEHICLE WHILE THE CARD IS VALID.
   16    6.  DRIVING  PRIVILEGE  CARDS SHALL INCLUDE A DIGITIZED PICTURE OF THE
   17  PERSON TO WHOM THE CARD IS ISSUED. DRIVING PRIVILEGE CARDS SHALL  APPEAR
   18  SIMILAR  TO  A  DRIVER'S  LICENSE  BUT  CONTAIN  A CONSPICUOUS STATEMENT
   19  SUBSTANTIALLY SIMILAR TO THE FOLLOWING: "THIS CARD ENTITLES  THE  PERSON
   20  PICTURED  TO  OPERATE  A  MOTOR  VEHICLE. NOT FOR FEDERAL IDENTIFICATION
   21  PURPOSES."
   22    7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS,  INCLUDING  BUT  NOT
   23  LIMITED  TO,  REGULATIONS  RELATED TO THE FORM AND DESIGN OF THE DRIVING
   24  PRIVILEGE CARD AND SPECIFYING DOCUMENTATION NECESSARY TO VERIFY THAT  AN
   25  APPLICANT RESIDES IN THIS STATE.
   26    S 2. This act shall take effect on the one hundred eightieth day after
   27  it  shall have become a law; provided, however that effective immediate-
   28  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   29  necessary  for  the implementation of this act on its effective date are
   30  authorized and directed to be made  and  completed  on  or  before  such
   31  effective date.