S6411A-2011 - NY Senate Open Legislation - 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.

Sponsor: RIVERA

Co-sponsor(s): DIAZ, DILAN, GIANARIS, HASSELL-THOMPSON, KENNEDY, LARKIN

Law Section: Vehicle and Traffic Law
Law: Amd SS502, 490 & 508, V & T L; amd S353, Exec L

S6411A-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Jun 18, 2012: AMENDED ON THIRD READING 6411B
Jun 11, 2012: ADVANCED TO THIRD READING
Jun 6, 2012: 2ND REPORT CAL.
Jun 5, 2012: 1ST REPORT CAL.1104
Feb 23, 2012: PRINT NUMBER 6411A
Feb 23, 2012: AMEND AND RECOMMIT TO TRANSPORTATION
Feb 6, 2012: REFERRED TO TRANSPORTATION

S6411A-2011 Meetings

Transportation: Jun 6, 2012

S6411A-2011 Calendars

Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012

S6411A-2011 Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 5, 2012

Ayes (17): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Valesky
Ayes W/R (1): Adams
Excused (1): Smith

S6411A-2011 Memo

BILL NUMBER:S6411A

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 apply-
ing 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  applica-
tion  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 mili-
tary or naval service of the United States to register to receive infor-
mation 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 Vehi-
cles  appoints  agents to collect, store and make available to the divi-
sion 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  applica-
tion 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  informa-
tion  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 indi-
cating 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  immediately,  provided,  however,  that  the
amendments  to  subdivision  1 of section 502 of the vehicle and traffic
law made by section two of this act shall take effect on the  same  date
and in the same manner as section 2 of part CC of chapter 58 of the laws
of  2011, takes effect when upon such date the provisions of section one
of this act shall be deemed repealed.

S6411A-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   6411--A

                              I N  SENATE

                              February 6, 2012
                                 ___________

  Introduced  by Sens. RIVERA, DIAZ -- read twice and ordered printed, and
    when printed to be committed to the  Committee  on  Transportation  --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee

  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 2 of part CC of chapter 58  of  the  laws  of
  2011, 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13564-04-2

 S. 6411--A                          2

  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  and  five
  hundred ten-a of this title, the term "medical certificate" 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  2. 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  3.  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-

 S. 6411--A                          3

  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 4. 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 5. 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 6. 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

 S. 6411--A                          4

  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 7. This act shall take effect immediately.

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S6411A-2011: Enables veterans to receive benefit information upon applying for or renewing a driver's license