NY State Senate Bill 2025-S6188

Senate Bill S6188

2025-2026 Legislative Session

Relates to the issuance of driver's licenses and emergency medical personnel designation; repealer

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Current 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
Mar 06, 2025	referred to transportation

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2025-S6188 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §502 sub 1, amd §§502 & 504, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5444
2015-2016: S2554
2017-2018: S2355
2019-2020: S4148
2021-2022: S4664
2023-2024: S7901

2025-S6188 (ACTIVE) - Summary

Relates to the issuance of driver's licenses and emergency medical personnel designation; 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.

2025-S6188 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6188

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the issuance
of driver's licenses and emergency medical personnel designation; 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 Indi-
vidual 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 Securi-
ty Administration along with official immigration documentation showing
that the person is not eligible for a SSM. Because 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 transporta-
tion, 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:
2023-24: S7901 - Referred to Transportation

2019-20: S.4148 - Referred to Transportation

2017-18: S.2355 - Referred to Transportation

2015-16: S.25548 - Amended and Recommitted to Transportation

2013-14: S.5444A - Amended and Recommitted to Transportation

2005-06: S.1349A - Referred to Transportation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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, 2026.

2025-S6188 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6188
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2025
                                ___________
 
 Introduced  by  Sens.  PARKER, HOYLMAN-SIGAL, SEPULVEDA, SERRANO -- 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  driver's licenses and emergency medical personnel designation; and
   to repeal certain provisions of such law relating 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 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 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 THEIR  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 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10597-01-5
 S. 6188                             2

 
 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 SUCH APPLICANT IS A VETERAN OF THE UNITED STATES
 ARMED FORCES AND SPACE SO THAT THE APPLICANT MAY REQUEST A NOTATION UPON
 SUCH LICENSE THAT THEY ARE EMERGENCY MEDICAL PERSONNEL.  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.
   § 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  driver's  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
 [their] SUCH APPLICANT'S 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  adminis-
 S. 6188                             3

 tration 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.  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 such applicant is a veteran of the United States
 armed forces and space so that the applicant may request a notation upon
 such license that they are emergency medical personnel.  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.
   § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle  and
 traffic law, as amended by chapter 37 of the laws of 2019, 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,  in  lieu
 thereof,  with  respect  to an application for a non-commercial driver's
 license or learner's permit which does not meet  federal  standards  for
 identification, an affidavit signed by such applicant that they have not
 S. 6188                             4
 
 been issued a social security number, OR INDIVIDUAL TAXPAYER IDENTIFICA-
 TION  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  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 hazardous 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  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.
   §  4.  Subdivision  1 of section 504 of the vehicle and traffic law is
 amended by adding a new paragraph (a-2) to read as follows:
   (A-2) EVERY LICENSE OR RENEWAL THEREOF ISSUED TO AN APPLICANT  WHO  IS
 AN  EMERGENCY  MEDICAL  PERSONNEL,  UPON  SUCH  APPLICANT'S  REQUEST AND
 SUBMISSION OF PROOF AS SET FORTH HEREIN, CONTAIN A DISTINGUISHING  MARK,
 IN  SUCH  FORM AS THE COMMISSIONER SHALL DETERMINE, INDICATING THAT SUCH
 APPLICANT IS AN EMERGENCY MEDICAL PERSONNEL. SUCH PROOF SHALL CONSIST OF
 ANY PROOF SATISFACTORY TO THE COMMISSIONER. THE COMMISSIONER  SHALL  NOT
 REQUIRE  FEES  FOR  THE ISSUANCE OF SUCH LICENSES OR RENEWALS THEREOF TO
 PERSONS REQUESTING AN EMERGENCY  MEDICAL  PERSONNEL  NOTATION  WHICH  IS
 DIFFERENT FROM FEES OTHERWISE REQUIRED.
   § 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, 2027.

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Senate Bill S6188

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Sponsored By

Kevin S. Parker