This bill has been amended

Bill S2226-2013

Enables veterans to receive benefit information upon applying for or renewing a driver's license

Enables veterans to receive benefit information upon applying for or renewing a driver's license.

Details

Actions

  • Apr 22, 2013: ADVANCED TO THIRD READING
  • Apr 17, 2013: 2ND REPORT CAL.
  • Apr 16, 2013: 1ST REPORT CAL.336
  • Jan 14, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Apr 16, 2013
Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

Memo

BILL NUMBER:S2226

TITLE OF BILL: An act to amend the vehicle and traffic law and the executive law, in relation to enabling veterans to receive benefit information upon applying for or renewing a driver's license

PURPOSE OR GENERAL IDEA OF BILL: Enables veterans to receive benefit information upon applying for or renewing a driver's license.

SUMMARY OF SPECIFIC PROVISIONS: Section 502 of the vehicle and traffic law is amended to ensure the Commissioner of Motor Vehicles of NYS provides a space on the application for a driver's license to enable any applicant who is a veteran of the military or naval service of the United States to register to receive information from the division of veterans' affairs by email or telephone regarding benefits to which such applicant may be entitled.

Section 502 of the VTL is amended to ensure the Commissioner of Motor Vehicles of NYS provides a space on the application for the renewal of a driver's license to enable any applicant who is a veteran of the military or naval service of the United States to register to receive information from the division of veterans' affairs by email or telephone regarding benefits to which such applicant may be entitled.

Section 508 of the VTL is amended ensure the Commissioner of Motor Vehicles appoints agents to collect, store and make available to the division of veterans' affairs the name and contact information of a veteran applicant who requests to receive benefit information from the division of veteran affairs.

Section 353 of the executive law referencing the general functions, powers and duties of the division of veteran affairs is amended to include coordinating with the department of motor vehicles to retrieve the name and veterans who are applying for or renewing their driver's licenses and who request to be contacted by the division via email, telephone, or mail.

Section 490 of the vehicle and traffic law is amended to ensure the Commissioner of Motor Vehicles of NYS provides a space on the application for a non-driver identification card to enable any applicant who is a veteran of the military or naval service of the United States to register to receive information from the division of veterans' affairs by email or telephone regarding benefits to which such applicant may be entitled.

JUSTIFICATION: This legislation would allow veterans to voluntarily identify their veteran status when applying for or renewing their driver's license. At no cost to taxpayers, Vets Connect utilizes the DMV as an intake point to gather information on veterans not currently in the state system. The department of motor vehicles collects, stores, and makes this information available to the division of veteran affairs which would provide information about the benefits to which they may be entitled.

NYS Department of Motor Vehicles would work with the Division of Veteran Affairs to share information to relay benefit updates for the veterans. The information gathering would happen when veterans go to apply for or renew their drivers license. By checking a box on the application indicating they are a veteran of naval forces or military they are also giving the department of motor vehicles permission to share information with the division of veteran affairs and have information distributed to him or her via email, telephone, and mail.

FISCAL IMPLICATIONS: Negligible.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that section two of this act shall take effect October 3, 2013; and provided further that section three of this act shall take effect October 3, 2016.


Text

STATE OF NEW YORK ________________________________________________________________________ 2226 2013-2014 Regular Sessions IN SENATE January 14, 2013 ___________
Introduced by Sens. RIVERA, LARKIN, DIAZ, DILAN, GIANARIS, HASSELL-THOMPSON, KENNEDY -- 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 and the executive law, in relation to enabling veterans to receive benefit information upon applying for or renewing a driver's license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 502 of the vehicle and traffic law, as amended by section 1 of part D of chapter 58 of the laws of 2012, is amended to read as follows: 1. Application for license. Application for a driver's license shall be made to the commissioner. The fee prescribed by law may be submitted with such application. The applicant shall furnish such proof of identi- ty, age, and fitness as may be required by the commissioner. The commis- sioner may also provide that the application procedure shall include the taking of a photo image or images of the applicant in accordance with rules and regulations prescribed by the commissioner. In addition, the commissioner also shall require that the applicant provide his or her social security number and provide space on the application so that the applicant may register in the New York state organ and tissue donor registry under section forty-three hundred ten of the public health law. IN ADDITION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION TO ENABLE ANY APPLICANT WHO HAS SERVED IN THE ARMED FORCES OF THE UNITED STATES FOR ANY DURATION OF TIME, TO REGISTER TO RECEIVE INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL OR TELEPHONE REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT THE FOLLOWING IS STATED ON THE APPLICATION: "BY CHECKING THIS BOX, YOU CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE UNITED STATES AND YOU GIVE PERMISSION TO THE DEPARTMENT OF MOTOR VEHICLES TO SHARE YOUR NAME AND CONTACT INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE
THE DIVISION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED". In addition, an applicant for a commercial driver's license who will operate a commer- cial motor vehicle in interstate commerce shall certify that such appli- cant meets the requirements to operate a commercial motor vehicle, as set forth in public law 99-570, title XII, and title 49 of the code of federal regulations, and all regulations promulgated by the United States secretary of transportation under the hazardous materials trans- portation act. In addition, an applicant for a commercial driver's license shall submit a medical certificate at such intervals as required by the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of federal regulations relating to medical certification and in a manner prescribed by the commissioner. For purposes of this section and sections five hundred three, five hundred ten-a, and five hundred ten-aa of this title, the terms "medical certificate" and "medical certification" shall mean a form substantially in compliance with the form set forth in Part 391.43(h) of title 49 of the code of federal regulations. Upon a determination that the holder of a commercial driver's license has made any false statement, with respect to the application for such license, the commissioner shall revoke such license. S 2. Subdivision 1 of section 502 of the vehicle and traffic law, as separately amended by chapters 465 and 487 of the laws of 2012, is REPEALED and a new subdivision 1 is added to read as follows: 1. APPLICATION FOR LICENSE. APPLICATION FOR A DRIVER'S LICENSE SHALL BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE SUBMITTED WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI- TY, AGE, AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER. THE COMMISSIONER MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL INCLUDE THE TAKING OF A PHOTO IMAGE OR IMAGES OF THE APPLICANT IN ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER SOCIAL SECURITY NUMBER AND PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW, AND SPACE TO ENABLE ANY APPLICANT WHO HAS SERVED IN THE ARMED FORCES OF THE UNITED STATES FOR ANY DURATION OF TIME, TO REGISTER TO RECEIVE INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL OR TELEPHONE REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT THE FOLLOWING IS STATED ON THE APPLICATION: "BY CHECK- ING THIS BOX, YOU CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE UNITED STATES AND YOU GIVE PERMISSION TO THE DEPARTMENT OF MOTOR VEHI- CLES TO SHARE YOUR NAME AND CONTACT INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE THE DIVISION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED". IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS THE REQUIREMENTS TO OPERATE A COMMER- CIAL MOTOR VEHICLE, AS SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AND ALL REGULATIONS PROMUL- GATED BY THE UNITED STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARD- OUS MATERIALS TRANSPORTATION ACT. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGU- LATIONS RELATING TO MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED BY
THE COMMISSIONER. FOR PURPOSES OF THIS SECTION AND SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA OF THIS TITLE, THE TERMS "MEDICAL CERTIFICATE" AND "MEDICAL CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET FORTH IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS. UPON A DETER- MINATION THAT THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICATION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE. S 3. Subdivision 1 of section 502 of the vehicle and traffic law, as added by section two of this act, is amended to read as follows: 1. Application for license. Application for a driver's license shall be made to the commissioner. The fee prescribed by law may be submitted with such application. The applicant shall furnish such proof of identi- ty, age, and fitness as may be required by the commissioner. The commissioner may also provide that the application procedure shall include the taking of a photo image or images of the applicant in accordance with rules and regulations prescribed by the commissioner. In addition, the commissioner also shall require that the applicant provide his or her social security number and provide space on the application so that the applicant may register in the New York state organ and tissue donor registry under section forty-three hundred ten of the public health law, [and space to enable any applicant who has served in the armed forces of the United States for any duration of time, to register to receive information from the division of veterans' affairs by email or telephone regarding benefits to which such applicant may be entitled and that the following is stated on the application: "By check- ing this box, you certify that you served in the armed forces of the United States and you give permission to the department of motor vehi- cles to share your name and contact information with the division of veterans' affairs to enable the division of veterans' affairs to contact you via email, telephone or mail regarding benefits to which you may be entitled"] AND SPACE SO THAT THE APPLICANT MAY REQUEST A NOTATION UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES ARMED FORCES. In addition, an applicant for a commercial driver's license who will operate a commercial motor vehicle in interstate commerce shall certify that such applicant meets the requirements to operate a commer- cial motor vehicle, as set forth in public law 99-570, title XII, and title 49 of the code of federal regulations, and all regulations promul- gated by the United States secretary of transportation under the hazard- ous materials transportation act. In addition, an applicant for a commercial driver's license shall submit a medical certificate at such intervals as required by the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of federal regu- lations relating to medical certification and in a manner prescribed by the commissioner. For purposes of this section and sections five hundred three, five hundred ten-a, and five hundred ten-aa of this title, the terms "medical certificate" and "medical certification" shall mean a form substantially in compliance with the form set forth in Part 391.43(h) of title 49 of the code of federal regulations. Upon a deter- mination that the holder of a commercial driver's license has made any false statement, with respect to the application for such license, the commissioner shall revoke such license. S 4. Paragraph (a) of subdivision 6 of section 502 of the vehicle and traffic law, as amended by section 3 of part K of chapter 59 of the laws of 2009, is amended to read as follows:
(a) A license issued pursuant to subdivision five of this section shall be valid until the expiration date contained thereon, unless such license is suspended, revoked or cancelled. Such license may be renewed by submission of an application for renewal, the fee prescribed by law, proofs of prior licensing, fitness and acceptable vision prescribed by the commissioner, the applicant's social security number, and if required by the commissioner a photo image of the applicant in such numbers and form as the commissioner shall prescribe. IN ADDITION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION FOR RENEWAL TO ENABLE ANY APPLICANT WHO HAS SERVED IN THE ARMED FORCES OF THE UNITED STATES TO REGISTER TO RECEIVE INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL OR TELEPHONE REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT THE FOLLOWING IS STATED ON THE APPLICATION FOR RENEWAL: "BY CHECKING THIS BOX, YOU CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE UNITED STATES AND YOU GIVE PERMISSION TO THE DEPARTMENT OF MOTOR VEHICLES TO SHARE YOUR NAME AND CONTACT INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE THE DIVI- SION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED". In addition, an appli- cant for renewal of a license containing a hazardous material endorse- ment shall pass an examination to retain such endorsement. The commis- sioner shall, with respect to the renewal of a hazardous materials endorsement, comply with the requirements imposed upon states by sections 383.141 and 1572.13 of title 49 of the code of federal regu- lations. A renewal of such license shall be issued by the commissioner upon approval of such application, except that no such license shall be issued if its issuance would be inconsistent with the provisions of section five hundred sixteen of this title, and except that the commis- sioner may refuse to renew such license if the applicant is the holder of a currently valid or renewable license to drive issued by another state or foreign country unless the applicant surrenders such license. S 5. Subdivision 3 of section 490 of the vehicle and traffic law is amended by adding a new paragraph (d) to read as follows: (D) IN ADDITION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION AND THE APPLICATION FOR RENEWAL TO ENABLE ANY APPLI- CANT WHO HAS SERVED IN THE ARMED FORCES OF THE UNITED STATES TO REGISTER TO RECEIVE INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL, TELEPHONE OR MAIL REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT THE FOLLOWING IS STATED ON THE APPLICATION AND APPLI- CATION FOR RENEWAL: "BY CHECKING THIS BOX, YOU CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE UNITED STATES AND YOU GIVE PERMISSION TO THE DEPARTMENT OF MOTOR VEHICLES TO SHARE YOUR NAME AND CONTACT INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE THE DIVISION OF VETER- ANS' AFFAIRS TO CONTACT YOU VIA EMAIL OR TELEPHONE REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED". S 6. Section 508 of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows: 6. THE COMMISSIONER SHALL APPOINT AGENTS TO ACT ON HIS OR HER BEHALF TO COLLECT, STORE AND MAKE AVAILABLE TO THE DIVISION OF VETERANS' AFFAIRS THE NAME AND CONTACT INFORMATION OF AN APPLICANT WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES FOR ANY DURATION OF TIME AND WHO REQUESTS TO RECEIVE BENEFIT INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS PURSUANT TO SUBDIVISION ONE OR PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FIVE HUNDRED TWO OF THIS ARTICLE. S 7. Section 353 of the executive law is amended by adding a new subdivision 21 to read as follows:
21. TO COORDINATE WITH THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SUBDIVISION ONE OR PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FIVE HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW TO RETRIEVE NAME AND CONTACT INFORMATION OF APPLICANTS WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES FOR ANY DURATION OF TIME WHO ARE APPLYING FOR OR RENEWING THEIR DRIVER'S LICENSES AND WHO REQUEST TO BE CONTACTED BY THE DIVISION VIA EMAIL, TELEPHONE OR MAIL REGARDING BENEFITS TO WHICH THEY MAY BE ENTI- TLED. S 8. Subdivision 3 of section 502 of the vehicle and traffic law, as amended by chapter 458 of the laws of 2011, is amended to read as follows: 3. Application for learner's permit. An application for a learner's permit shall be included in the application for a license. THE COMMIS- SIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION TO ENABLE ANY APPLICANT WHO HAS SERVED IN THE ARMED FORCES OF THE UNITED STATES FOR ANY DURATION OF TIME, TO REGISTER OR RECEIVE INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL OR TELEPHONE REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT THE FOLLOWING IS STATED ON THE APPLICATION: "BY CHECKING THIS BOX, YOU CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE UNITED STATES AND YOU GIVE PERMISSION TO THE DEPARTMENT OF MOTOR VEHICLES TO SHARE YOUR NAME AND CONTACT INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE THE DIVISION OF VETER- ANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL REGARDING BENE- FITS TO WHICH YOU MAY BE ENTITLED". A learner's permit shall be issued in such form as the commissioner shall determine but shall not be issued unless the applicant has successfully passed the vision test required by this section and the test set forth in paragraph (a) of subdivision four of this section with respect to laws relating to traffic and ability to read and comprehend traffic signs and symbols and has satisfactorily completed any course required pursuant to paragraph (a) of subdivision four of this section. Upon acceptance of an application for a learner's permit the commissioner shall provide the applicant with a driver's manual which includes but is not limited to the laws relating to traf- fic, the laws relating to and physiological effects of driving while ability impaired and driving while intoxicated, the law for exercising due care to avoid colliding with a parked, stopped or standing author- ized emergency vehicle or hazard vehicle pursuant to section eleven hundred forty-four-a of this chapter, explanations of traffic signs and symbols and such other matters as the commissioner may prescribe. S 9. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that section two of this act shall take effect October 3, 2013; and provided further that section three of this act shall take effect October 3, 2016.

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