NY State Senate Bill 2009-S618

Senate Bill S618

2009-2010 Legislative Session

Relates to specifying requirements for applications for a driver's license and a non-driver identification card

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 09, 2009	referred to transportation

2009-S618 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§502 & 490, V & T L

2009-S618 (ACTIVE) - Summary

Relates to specifying additional requirements for applications for a driver's license and a non-driver identification card to ensure compliance with federal law.

2009-S618 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S618

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to
requirements for applications for a driver's license


 PURPOSE :
Relates to specifying requirements for applications for a driver's
license and non-driver identification card.

 SUMMARY OF PROVISIONS :
Section one of subdivision 1 of section 502 of the vehicle and traffic
law amends Chapter 639 by adding new paragraphs (a), (b), and (c).
Section two of subparagraph (i) of paragraph (a) of subdivision 3 of
section 490 of the vehicle and traffic law, is amended by chapter 235
to state that the commissioner shall require that an applicant for an
identification card or renewal thereof provide, all of the verifiable
identification documentation set forth in subdivision one of section
five hundred two of this chapter. Section three states that the
commissioner of motor vehicles shall certify compliance with the
driver's license standards set forth in P.L.  109-13 to the Secretary
of Homeland Security by March 1, 2009. Section four states that this
act shall take effect immediately.

 JUSTIFICATION :

This legislation ensures that only citizens of the United States and
legal residents receive a valid New York State Drivers License issued
by the New York State Department of Motor Vehicles. By implementing
legislation requiring a social security number or proof of authorized
presence in the United States to obtain a New York State driver's
license, it helps guarantee the safety and security of all New
Yorkers. A drivers license is the most important document issued in
the establishment of one's identity and should not be considered an
entitlement. Relaxing requirements endangers not only New Yorkers but
all Americans, making it easier for terrorists and undocumented
immigrants to obtain identification and access to services that,
without a license, would be off limits. It is important to note that
terrorists involved in the September 11, 2001 attacks used drivers
licenses to obtain entry aboard the planes as well as to rent
apartments. Drivers license were also used by terrorists to rent
trucks used to carry out the 1993 bombing of the World Trade Center.
Furthermore, the tragic events of September 11, 2001, taught us that
we must be vigilant in order to keep our State and country safe. The
simple precaution of requiring a Social Security Number to prove one's
legal status in this country is a commonsense way of helping to
prevent terrorists from obtaining one of the most routinely accepted
forms of identification used in this country. New York State has a
clear responsibility to ensure a very high standard to protect the
people of this state.

 LEGISLATIVE MSTORY :
2008: S.6479 - Passed Senate/A.9054 - Referred to Transportation
2007: S.6479 - Referred to Rules/A.9054 - Referred to Transportation

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S618 (ACTIVE) - Bill Text download pdf

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

                                   618

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- 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 requirements
  for applications for 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 chapter 639 of the laws of 2006, is amended  to  read
as follows:
  1.  Application  for  license.  (A) 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  identity,  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] AN APPLICANT  SHALL  PROVIDE  THE
FOLLOWING  VERIFIABLE  INFORMATION:  A  PHOTO IDENTITY DOCUMENT OR OTHER
IDENTITY DOCUMENT IF IT INCLUDES BOTH THE PERSON'S FULL LEGAL  NAME  AND
DATE  OF  BIRTH; DOCUMENTATION SHOWING THE PERSON'S DATE OF BIRTH; PROOF
OF THE PERSON'S SOCIAL SECURITY NUMBER OR VERIFICATION THAT  THE  PERSON
IS  NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER; AND DOCUMENTATION SHOWING
THE PERSON'S NAME AND ADDRESS OF PRINCIPAL RESIDENCE. AN APPLICANT SHALL
PROVIDE EVIDENCE OF LAWFUL  IMMIGRATION  STATUS.  A  TEMPORARY  DRIVER'S
LICENSE  MAY BE ISSUED TO NONCITIZENS WHO ARE TEMPORARILY PRESENT IN THE
UNITED STATES. THE COMMISSIONER SHALL VERIFY, WITH THE  ISSUING  AGENCY,
EACH  DOCUMENT  REQUIRED  TO  BE  PRESENTED  BY  THE APPLICANT AND SHALL
CONFIRM WITH THE FEDERAL SOCIAL SECURITY ADMINISTRATION THE FULL  SOCIAL
SECURITY  ACCOUNT  NUMBER PRESENTED BY AN APPLICANT TO OBTAIN A DRIVER'S
LICENSE.  IN THE EVENT THAT A SOCIAL SECURITY ACCOUNT NUMBER BELONGS  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04841-01-9

S. 618                              2

ANOTHER  PERSON  TO WHOM A DRIVER'S LICENSE HAS BEEN ISSUED, THE DEPART-
MENT SHALL RESOLVE THE DISCREPANCY AND TAKE APPROPRIATE ACTION.
  (B)  THE  COMMISSIONER  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.
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 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
transportation act. 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.
  (C) A DRIVER'S LICENSE SHALL INCLUDE,  AT  A  MINIMUM,  THE  FOLLOWING
INFORMATION AND FEATURES:
  (I) THE PERSON'S FULL LEGAL NAME;
  (II) THE PERSON'S DATE OF BIRTH;
  (III) THE PERSON'S GENDER;
  (IV) THE PERSON'S DRIVER'S LICENSE NUMBER;
  (V) A DIGITAL PHOTOGRAPH OF THE PERSON;
  (VI) THE PERSON'S ADDRESS OF PRINCIPAL RESIDENCE;
  (VII) THE PERSON'S SIGNATURE;
  (VIII) PHYSICAL SECURITY FEATURES DESIGNED TO PREVENT TAMPERING, COUN-
TERFEITING, OR DUPLICATION OF THE DOCUMENT FOR FRAUDULENT PURPOSES; AND
  (IX)  A  COMMON MACHINE-READABLE TECHNOLOGY, WITH DEFINED MINIMUM DATA
ELEMENTS.
  S 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
of the vehicle and traffic law, as amended by chapter 235 of the laws of
2002, is amended to read as follows:
  (i) The commissioner shall upon submission of an appropriate  applica-
tion,  upon payment of the prescribed fee, and upon being satisfied that
the person described is the applicant and that such applicant meets  the
requirements set forth in subdivision two of this section, issue to such
applicant  a  nontransferable  identification  card.    In addition, the
commissioner also shall require that an applicant for an  identification
card  or renewal thereof provide [his or her social security number] ALL
OF THE VERIFIABLE IDENTIFICATION DOCUMENTATION SET FORTH IN  SUBDIVISION
ONE OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  S  3. The commissioner of motor vehicles shall certify compliance with
the driver's license standards set forth in P.L. 109-13 to the Secretary
of Homeland Security by March 1, 2010.
  S 4. This act shall take effect immediately.

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