Authorizes the commissioner to issue driving privilege cards to persons not otherwise qualified to receive a driver's license.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the issuance of driving privilege cards
PURPOSE OR GENERAL IDEA OF BILL: This bill would authorize the commissioner to issue driving privilege cards to persons not otherwise qualified to receive a driver's license.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Vehicle and Traffic Law by adding a new section 531. Allows the Commissioner to issue a driving privilege card. Establishes requirements and specifications under which such driving card may be issued. Requires the applicant such card to pay all fees applicable for the issuance of a driver's license. Provides that a driving privilege card shall be valid for one year from date of issue. Establishes that the holder of such card shall have same privileges and shall be bound by the same legal responsibilities with respect to the operation of a motor vehicle as the holder of a driver's license. Prohibits a driving privilege card from being recognized as a form of identification except for the purpose of verifying that the holder is authorized to operate a motor vehicle. Requires the driving privilege card to include a digitized picture of the person to whom the card is issued. Provides for a statement similar to the following to be contained on such card; "This card entitles the person pictured to operate a motor vehicle. Not for Federal identification purposes." Requires the commissioner to promulgate regulations related to the form and design of such card and specifies the documentation necessary to verify that a n applicant resides in the state.
Section 2. Effective Date
EXISTING LAW: None.
JUSTIFICATION: This bill would allow for the creation of a driving privilege card to be issued to applicants who can prove state residency and who are deemed eligible to drive. Drivers using a privilege card are bound by the same legal responsibilities, such as insurance coverage, as regularly licensed drivers.
PRIOR LEGISLATIVE HISTORY: 2012: S.318 - Referred to Veterans, Homeland Security and Military Affairs 2011: S.318 - S.318 Notice of Committee Consideration Requested, Committee Discharged and Committed to Veterans, Homeland Security and Military Affairs 2010: S.2184 - Referred to Transportation/A.328 Enacting Clause Stricken 2009: S.2184 - Referred to Transportation/A.328 Referred to Transportation 2007-08: A.7531 - Referred to Transportation
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 1320 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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: Section 1. The vehicle and traffic law is amended by adding a new section 531 to read as follows: S 531. DRIVING PRIVILEGE CARDS. 1. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE COMMISSIONER MAY, SUBJECT TO THE LIMITATIONS OF SUBDIVISION TWO OF THIS SECTION, ISSUE A DRIVING PRIVILEGE CARD TO A PERSON WHO SATISFIES THE REQUIREMENTS FOR ISSUANCE OF A DRIVER'S LICENSE PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS TITLE BUT WHO CANNOT PROVIDE: (A) PROOF OF LAWFUL PRESENCE IN THE UNITED STATES; OR (B) SUFFICIENT IDENTIFYING DOCUMENTATION. 2. AN APPLICANT SHALL NOT BE ISSUED A DRIVING PRIVILEGE CARD UNLESS SUCH APPLICANT: (A) SURRENDERS TO THE COMMISSIONER ANY DRIVER'S LICENSE POSSESSED BY THE APPLICANT THAT WAS ISSUED BY A STATE OR POLITICAL SUBDIVISION OF THE UNITED STATES OR AFFIRMS IN WRITING THAT THE APPLICANT DOES NOT POSSESS A DRIVER'S LICENSE ISSUED BY THIS OR ANY OTHER STATE OR POLITICAL SUBDI- VISION OF THE UNITED STATES; AND (B) AFFIRMS IN WRITING THAT THE APPLICANT RESIDES IN THIS STATE AND PROVIDES DOCUMENTATION TO VERIFY THAT THE APPLICANT RESIDES IN THE STATE THAT IS CONSISTENT WITH THE REGULATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION; AND (C) AFFIRMS IN WRITING THAT THE APPLICANT IS OF LEGAL AGE TO OPERATE A MOTOR VEHICLE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05851-01-3 S. 1320 2
3. AN APPLICANT FOR A DRIVING PRIVILEGE CARD SHALL PAY ALL FEES APPLI- CABLE FOR THE ISSUANCE OF A DRIVER'S LICENSE. THE COMMISSIONER MAY CHARGE THE APPLICANT AN ADDITIONAL FEE TO OFFSET THE ADMINISTRATIVE COSTS ASSOCIATED WITH THE PRODUCTION AND DISTRIBUTION OF DRIVING PRIVI- LEGE CARDS. 4. A DRIVING PRIVILEGE CARD SHALL BE VALID FOR ONE YEAR FROM DATE OF ISSUE, PROVIDED, HOWEVER, THE COMMISSIONER MAY SET A DATE FOR AN INDI- VIDUAL CARD'S EXPIRATION THAT IS LESS THAN ONE YEAR. WHILE THE CARD IS VALID, THE HOLDER SHALL HAVE THE SAME PRIVILEGES AND SHALL BE BOUND BY THE SAME LEGAL RESPONSIBILITIES WITH RESPECT TO THE OPERATION OF A MOTOR VEHICLE AS THE HOLDER OF A DRIVER'S LICENSE ISSUED PURSUANT TO THIS TITLE. 5. A DRIVING PRIVILEGE CARD SHALL NOT BE RECOGNIZED AS A FORM OF IDEN- TIFICATION EXCEPT FOR THE PURPOSE OF VERIFYING THAT THE HOLDER IS AUTHORIZED TO OPERATE A MOTOR VEHICLE WHILE THE CARD IS VALID. 6. DRIVING PRIVILEGE CARDS SHALL INCLUDE A DIGITIZED PICTURE OF THE PERSON TO WHOM THE CARD IS ISSUED. DRIVING PRIVILEGE CARDS SHALL APPEAR SIMILAR TO A DRIVER'S LICENSE BUT CONTAIN A CONSPICUOUS STATEMENT SUBSTANTIALLY SIMILAR TO THE FOLLOWING: "THIS CARD ENTITLES THE PERSON PICTURED TO OPERATE A MOTOR VEHICLE. NOT FOR FEDERAL IDENTIFICATION PURPOSES." 7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS, INCLUDING BUT NOT LIMITED TO, REGULATIONS RELATED TO THE FORM AND DESIGN OF THE DRIVING PRIVILEGE CARD AND SPECIFYING DOCUMENTATION NECESSARY TO VERIFY THAT AN APPLICANT RESIDES IN THIS STATE. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.