NY State Senate Bill 2013-S5444A

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2014	print number 5444a
Feb 10, 2014	amend and recommit to transportation
Jan 08, 2014	referred to transportation
May 16, 2013	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S5444 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2554
2017-2018: S2355
2019-2020: S4148
2021-2022: S4664
2023-2024: S7901

2013-S5444 - Summary

Relates to the issuance of driver's licenses.

2013-S5444 - Sponsor Memo

                                BILL NUMBER:S5444

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to issuance of driver's licenses; and to repeal certain
provisions of such law relating thereto

PURPOSE:.  Allows the use of alternate forms of identification where
an applicant for a driver's license does not have a social security
number or Individual Tax Identification Number (ITIN).

SUMMARY OF PROVISIONS:

Section 1: If an applicant does not have a social security number or
ITIN, identification for a driver's license can include an individual
tax identification number, or the submission of a sworn statement,
made under the penalty of perjury, stating that the applicant does not
have a social security number or an individual tax identification
number, along with another acceptable identifier.

Section 2: For purposes of this section an acceptable identifier shall
include, but not be limited to, a foreign passport, or a receipt from
the United States immigration and Naturalization Service (INS) stating
that an application or petition has been submitted, an approval notice
from the INS stating that an application or petition has been
received, or an application for extension of form 1-94 to extend an
applicant's legal presence. The commissioner shall consider the

following acceptable forms of application or petitions: 1-130, 1-40,
1-360, 1-485, 1-526, 1-590, 1-698, 1-817 and 1-891 or any other
federal documentation used to obtain lawful immigration status.

Section 3: Application for license

Section 4: Section (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 canceled is
amended proofs of prior licensing, fitness and acceptable vision
prescribed by the commissioner, or any of the forms of identification
acceptable to the commissioner Pursuant to subdivision one of this
section.

Section 5: This act shall take effect on the 120th day after it shall
have become law; with provisions.

JUSTIFICATION:  To obtain a driver's license in New York, a person
must have either a Social Security number (SSN) or present a letter
from the Social Security Administration along with official
immigration documentation showing that the person is not eligible for
a SSM. As a result of this inflexible requirement, a large number of
legal immigrants are denied a driver's license.

While some of these immigrants choose to use public transportation,
others choose to use false documents to obtain a license or feel
forced to drive illegally in order to go to work, etc.

LEGISLATIVE HISTORY:  2005-06: S1349-A - Referred to Transportation

FISCAL IMPLICATIONS:  None.


EFFECTIVE DATE:  This act shall take effect on the 120th day after it
shall have become a law; provided that the commissioner of motor
vehicles is authorized and directed to promulgate any rules and
regulations necessary to implement the -provisions of this act on its
effective date.

2013-S5444 - Bill Text download pdf

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

                                  5444

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sens.  PARKER,  HASSELL-THOMPSON, SAMPSON, SMITH -- 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 issuance of
  driver's licenses; and to repeal certain provisions of such law relat-
  ing thereto

  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.  ACCEPTABLE
PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED TO FOREIGN PASSPORTS
(VISA STAMPS ARE NOT REQUIRED), VALID DOCUMENTATION ISSUED BY USCIS  AND
CONSULAR  IDENTIFICATION  DOCUMENTS.  ELIGIBILITY FOR A DRIVER'S LICENSE
SHALL NOT BE CONDITIONED ON A PARTICULAR IMMIGRATION STATUS. 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,  OR  INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER
(ITIN) OR A LETTER OR FORM FROM THE UNITED STATES SOCIAL SECURITY ADMIN-
ISTRATION THAT STATES THAT THE APPLICANT IS NOT  ELIGIBLE  OR  SUBMIT  A
SWORN STATEMENT UNDER THE PENALTY OF PERJURY, STATING THAT THE APPLICANT
DOES NOT HAVE A SOCIAL SECURITY NUMBER OR ITIN, 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, an applicant for a commercial  driv-
er's  license  who will operate a commercial motor vehicle in interstate
commerce shall certify that such applicant  meets  the  requirements  to
operate  a  commercial motor vehicle, as set forth in public law 99-570,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11097-01-3

S. 5444                             2

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 transportation act. In addition, an appli-
cant  for  a  commercial driver's license shall submit a medical certif-
icate 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  certif-
ication" 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.  ACCEPTABLE
PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED TO FOREIGN PASSPORTS
(VISA STAMPS ARE NOT REQUIRED), VALID DOCUMENTATION ISSUED BY USCIS  AND
CONSULAR  IDENTIFICATION  DOCUMENTS.  ELIGIBILITY FOR A DRIVERS' LICENSE
SHALL NOT BE CONDITIONED ON A PARTICULAR IMMIGRATION STATUS. 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  WHERE  SUCH APPLICANT IS A LEGAL IMMIGRANT, OR
INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN) OR  A  LETTER  OR  FORM
FROM  THE  UNITED STATES SOCIAL SECURITY ADMINISTRATION THAT STATES THAT
THE APPLICANT IS NOT ELIGIBLE OR SUBMIT  A  SWORN  STATEMENT  UNDER  THE
PENALTY  OF  PERJURY,  STATING THAT THE APPLICANT DOES NOT HAVE A SOCIAL
SECURITY NUMBER OR ITIN, AND SHALL 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  WITH  THE  FOLLOWING STATED ON THE APPLICATION IN CLEAR AND
CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
  THE COMMISSIONER OF  THE  DEPARTMENT  OF  HEALTH  SHALL  NOT  MAINTAIN
RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. IN
ADDITION,  THE  COMMISSIONER  ALSO  SHALL  REQUIRE  THAT  SPACE SHALL BE
PROVIDED ON THE APPLICATION SO THAT THE APPLICANT MAY REQUEST A NOTATION
UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES ARMED

S. 5444                             3

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  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.  Acceptable
proof of identity shall include, but not be limited to foreign passports
(visa stamps are not required), valid documentation issued by USCIS  and
consular  identification  documents.  Eligibility for a drivers' license
shall not be conditioned  on  a  particular  immigration  status.    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 where such applicant is a legal immi-
grant, or individual taxpayer identification number (ITIN) or  a  letter
or  form  from  the  United  States  social security administration that
states that the applicant is not eligible or submit  a  sworn  statement
under the penalty of perjury, stating that the applicant does not have a
social  security number of ITIN, and [shall] provide space on the appli-
cation 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 [with the following stated on the application in clear
and conspicuous type:
  "You must fill out the following section: Would you like to  be  added
to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
tion'."
  The commissioner of  the  department  of  health  shall  not  maintain
records  of any person who checks "skip this question". Failure to check
a box shall not impair the validity of an application,  and  failure  to
check  "yes"  or checking "skip this question" shall not be construed to
imply a wish not to donate. In the case of an applicant  under  eighteen
years  of  age,  checking  "yes" shall not constitute consent to make an
anatomical gift or registration in the donate  life  registry.  When  an
applicant  has previously consented to make an anatomical gift or regis-
tered in the donate life registry,  checking  "skip  this  question"  or
failing  to  check a box shall not impair that consent or registration].

S. 5444                             4

In addition, the commissioner also shall require  that  space  shall  be
provided on the application 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, OR INDIVIDUAL
TAXPAYER IDENTIFICATION NUMBER (ITIN) OR  A  LETTER  OR  FORM  FROM  THE
UNITED STATES SOCIAL SECURITY ADMINISTRATION THAT STATES THAT THE APPLI-
CANT  IS  NOT  ELIGIBLE OR SUBMIT A SWORN STATEMENT UNDER THE PENALTY OF
PERJURY, STATING THAT THE APPLICANT DOES  NOT  HAVE  A  SOCIAL  SECURITY
NUMBER OR ITIN, and if required by the commissioner a photo image of the
applicant  in such numbers and form as the commissioner shall prescribe.
In addition, an applicant for renewal of a license containing a  hazard-
ous  material  endorsement  shall  pass  an  examination  to retain such
endorsement. The commissioner 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  regulations.  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 commissioner 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. This act shall take effect on the one hundred twentieth 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.

co-Sponsors

2013-S5444A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2554
2017-2018: S2355
2019-2020: S4148
2021-2022: S4664
2023-2024: S7901

2013-S5444A (ACTIVE) - Summary

Relates to the issuance of driver's licenses.

2013-S5444A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5444A

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to issuance of driver's licenses; and to repeal certain
provisions of such law relating thereto

PURPOSE:

Allows the use of alternate forms of identification where an applicant
for a driver's license does not have a social security number or
Individual Tax Identification Number (ITIN).

SUMMARY OF PROVISIONS:

Section 1: If an applicant does not have a social security number or
ITIN, identification for a driver's license can include an individual
tax identification number, or the submission of a sworn statement,
made under the penalty of perjury, stating that the applicant does not
have a social security number or an individual tax identification
number, along with another acceptable identifier.

Section 2: For purposes of this section an acceptable identifier shall
include, but not be limited to, a foreign passport, or a receipt from
the United States immigration and Naturalization Service (INS) stating
that an application or petition has been submitted, an approval notice
from the INS stating that an application or petition has been

received, or an application for extension of form 1-94 to extend an
applicant's legal presence. The commissioner shall consider the
following acceptable forms of application or petitions: 1-130, 1-40,
1-360, 1-485, 1-526, 1-590, 1-698, 1-817 and 1-891 or any other
federal documentation used to obtain lawful immigration status.

Section 3: Application for license.

Section 4: Section (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 canceled is
amended proofs of prior licensing, fitness and acceptable vision
prescribed by the commissioner, or any of the forms of identification
acceptable to the commissioner Pursuant to subdivision one of this
section.

Section 5: This act shall take effect on the 120th day after it shall
have become law; with provisions.

JUSTIFICATION:

To obtain a driver's license in New York, a person must have either a
Social Security number (SSN) or present a letter from the Social
Security Administration along with official immigration documentation
showing that the person is not eligible for a SSM. As a result of this
inflexible requirement, a large number of legal immigrants are denied
a driver's license.  While some of these immigrants choose to use
public transportation, others choose to use false documents to obtain
a license or feel forced to drive illegally in order to go to work,
etc.


LEGISLATIVE HISTORY:

2005-06: S1349-A - Referred to Transportation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

This act shall take effect on the 120th day after it shall have become
a law; provided that the commissioner of motor vehicles is authorized
and directed to promulgate any rules and regulations necessary to
implement the -provisions of this act on its effective date.

2013-S5444A (ACTIVE) - Bill Text download pdf

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

                                 5444--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sens. PARKER, HASSELL-THOMPSON, RIVERA, SAMPSON, SMITH --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Transportation  -- recommitted to the Committee on
  Transportation in accordance with Senate Rule 6, sec. 8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the vehicle and traffic law, in relation to issuance of
  driver's licenses; and to repeal certain provisions of such law relat-
  ing thereto

  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 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.  ACCEPTABLE
PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED TO FOREIGN PASSPORTS
(VISA  STAMPS ARE NOT REQUIRED), VALID DOCUMENTATION ISSUED BY USCIS AND
CONSULAR IDENTIFICATION DOCUMENTS. ELIGIBILITY FOR  A  DRIVERS'  LICENSE
SHALL NOT BE CONDITIONED ON A PARTICULAR IMMIGRATION STATUS. 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 WHERE SUCH APPLICANT IS  A  LEGAL  IMMIGRANT,  OR
INDIVIDUAL  TAXPAYER  IDENTIFICATION  NUMBER  (ITIN) OR A LETTER OR FORM
FROM THE UNITED STATES SOCIAL SECURITY ADMINISTRATION THAT  STATES  THAT
THE  APPLICANT  IS  NOT  ELIGIBLE  OR SUBMIT A SWORN STATEMENT UNDER THE
PENALTY OF PERJURY, STATING THAT THE APPLICANT DOES NOT  HAVE  A  SOCIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11097-02-4

S. 5444--A                          2

SECURITY  NUMBER  OR ITIN, AND SHALL 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  WITH  THE  FOLLOWING STATED ON THE APPLICATION IN CLEAR AND
CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
  THE COMMISSIONER OF  THE  DEPARTMENT  OF  HEALTH  SHALL  NOT  MAINTAIN
RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. IN
ADDITION,  THE  COMMISSIONER  ALSO  SHALL  REQUIRE  THAT  SPACE SHALL BE
PROVIDED ON THE APPLICATION 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 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
added by section one 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.  Acceptable
proof of identity shall include, but not be limited to foreign passports
(visa  stamps are not required), valid documentation issued by USCIS and
consular identification documents. Eligibility for  a  drivers'  license
shall  not  be  conditioned  on  a  particular immigration status.   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 where such applicant is a legal  immi-
grant,  or  individual taxpayer identification number (ITIN) or a letter

S. 5444--A                          3

or form from the  United  States  social  security  administration  that
states  that  the  applicant is not eligible or submit a sworn statement
under the penalty of perjury, stating that the applicant does not have a
social  security number of ITIN, and [shall] provide space on the appli-
cation 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 [with the following stated on the application in clear
and conspicuous type:
  "You must fill out the following section: Would you like to  be  added
to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
tion'."
  The commissioner of  the  department  of  health  shall  not  maintain
records  of any person who checks "skip this question". Failure to check
a box shall not impair the validity of an application,  and  failure  to
check  "yes"  or checking "skip this question" shall not be construed to
imply a wish not to donate. In the case of an applicant  under  eighteen
years  of  age,  checking  "yes" shall not constitute consent to make an
anatomical gift or registration in the donate  life  registry.  When  an
applicant  has previously consented to make an anatomical gift or regis-
tered in the donate life registry,  checking  "skip  this  question"  or
failing  to  check a box shall not impair that consent or registration].
In addition, the commissioner also shall require  that  space  shall  be
provided on the application 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  3. 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, OR INDIVIDUAL
TAXPAYER IDENTIFICATION NUMBER (ITIN) OR  A  LETTER  OR  FORM  FROM  THE
UNITED STATES SOCIAL SECURITY ADMINISTRATION THAT STATES THAT THE APPLI-
CANT  IS  NOT  ELIGIBLE OR SUBMIT A SWORN STATEMENT UNDER THE PENALTY OF
PERJURY, STATING THAT THE APPLICANT DOES  NOT  HAVE  A  SOCIAL  SECURITY

S. 5444--A                          4

NUMBER OR ITIN, and if required by the commissioner a photo image of the
applicant  in such numbers and form as the commissioner shall prescribe.
In addition, an applicant for renewal of a license containing a  hazard-
ous  material  endorsement  shall  pass  an  examination  to retain such
endorsement. The commissioner 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  regulations.  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 commissioner 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 4. This act shall take effect on the one hundred twentieth day after
it  shall have become a law; provided, however, that section two of this
act shall take effect October 3, 2016.

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Senate Bill S5444A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2013-S5444 - Details

2013-S5444 - Summary

2013-S5444 - Sponsor Memo

2013-S5444 - Bill Text download pdf

co-Sponsors

2013-S5444A (ACTIVE) - Details

2013-S5444A (ACTIVE) - Summary

2013-S5444A (ACTIVE) - Sponsor Memo

2013-S5444A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5444A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2013-S5444 - Details

2013-S5444 - Summary

2013-S5444 - Sponsor Memo

2013-S5444 - Bill Text download pdf

co-Sponsors

2013-S5444A (ACTIVE) - Details

2013-S5444A (ACTIVE) - Summary

2013-S5444A (ACTIVE) - Sponsor Memo

2013-S5444A (ACTIVE) - Bill Text download pdf

Comments