S T A T E O F N E W Y O R K
________________________________________________________________________
2106
2013-2014 Regular Sessions
I N S E N A T E
January 10, 2013
___________
Introduced by Sen. ESPAILLAT -- 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 authorizing
certain undocumented Americans to obtain New York state drivers'
licenses or non-driver identification cards; to repeal certain
provisions of such law relating thereto; and providing for the repeal
of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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,
PROVIDED, HOWEVER THAT NO APPLICANT SHALL BE DENIED A NON-DRIVER IDEN-
TIFICATION CARD IF SUCH APPLICANT HAS OBTAINED A HIGH SCHOOL DIPLOMA OR
ITS EQUIVALENT.
S 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
of the vehicle and traffic law, as amended by chapter 487 of the laws of
2012, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05843-01-3
S. 2106 2
card or renewal thereof provide his or her social security number,
PROVIDED, HOWEVER THAT NO APPLICANT SHALL BE DENIED A NON-DRIVER IDEN-
TIFICATION CARD IF SUCH APPLICANT HAS OBTAINED A HIGH SCHOOL DIPLOMA OR
ITS EQUIVALENT. The commissioner shall provide space so that an appli-
cant may request a notation upon such identification card that he or she
is a veteran of the United States armed forces.
S 3. 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, PROVIDED,
HOWEVER THAT NO APPLICANT SHALL BE DENIED A DRIVER'S LICENSE IF SUCH
APPLICANT: (I) OTHERWISE QUALIFIES FOR A LICENSE PURSUANT TO THIS
SECTION, (II) HAS OBTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, AND
(III) HAS APPLIED FOR LAWFUL IMMIGRATION STATUS OR SHALL APPLY FOR
LAWFUL IMMIGRATION STATUS AS SOON AS SUCH APPLICANT IS ELIGIBLE TO DO
SO. 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, IF SUCH APPLICANT HAS A SOCIAL SECU-
RITY NUMBER, BUT NO APPLICANT SHALL BE DENIED A LICENSE PURSUANT TO THIS
SECTION SOLELY ON THE BASIS OF NOT HAVING A 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, 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 regu-
lations, and all regulations promulgated by the United States secretary
of transportation under the hazardous 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 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 driv-
er's license has made any false statement, with respect to the applica-
tion for such license, the commissioner shall revoke such license.
S 4. Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by section 1 of part D of chapter 58 and chapter 487
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, PROVIDED,
HOWEVER THAT NO APPLICANT SHALL BE DENIED A DRIVER'S LICENSE IF SUCH
APPLICANT: (I) OTHERWISE QUALIFIES FOR A LICENSE PURSUANT TO THIS
SECTION, (II) HAS OBTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, AND
S. 2106 3
(III) HAS APPLIED FOR LAWFUL IMMIGRATION STATUS OR SHALL APPLY FOR
LAWFUL IMMIGRATION STATUS AS SOON AS SUCH APPLICANT IS ELIGIBLE TO DO
SO. 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, IF SUCH APPLICANT HAS A SOCIAL SECU-
RITY NUMBER, BUT NO APPLICANT SHALL BE DENIED A LICENSE PURSUANT TO THIS
SECTION SOLELY ON THE BASIS OF NOT HAVING A SOCIAL SECURITY NUMBER, and
SHALL provide space on the application so that the applicant may regis-
ter in the New York state organ and tissue donor registry under section
forty-three hundred ten of the public health law[, and] WITH THE FOLLOW-
ING 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.
THE APPLICATION SHALL PROVIDE 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 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. 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 5. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 465 of the laws of 2012, is REPEALED.
S 6. Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by section 1 of part D of chapter 58 and chapter 487
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, PROVIDED,
S. 2106 4
HOWEVER THAT NO APPLICANT SHALL BE DENIED A DRIVER'S LICENSE IF SUCH
APPLICANT: (I) OTHERWISE QUALIFIES FOR A LICENSE PURSUANT TO THIS
SECTION, (II) HAS OBTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, AND
(III) HAS APPLIED FOR LAWFUL IMMIGRATION STATUS OR SHALL APPLY FOR
LAWFUL IMMIGRATION STATUS AS SOON AS SUCH APPLICANT IS ELIGIBLE TO DO
SO. 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, IF SUCH APPLICANT HAS A SOCIAL SECU-
RITY NUMBER, BUT NO APPLICANT SHALL BE DENIED A LICENSE PURSUANT TO THIS
SECTION SOLELY ON THE BASIS OF NOT HAVING A 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 so that the appli-
cant may request a notation upon such license that he or she is a veter-
an 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 commercial motor vehicle, as set forth in
public law 99-570, title XII, and title 49 of the code of federal regu-
lations, and all regulations promulgated by the United States secretary
of transportation under the hazardous 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 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 driv-
er's license has made any false statement, with respect to the applica-
tion for such license, the commissioner shall revoke such license.
S 7. 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, IF SUCH APPLI-
CANT HAS A SOCIAL SECURITY NUMBER, and if required by the commissioner a
photo image of the applicant in such numbers and form as the commission-
er 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 require-
ments 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 inconsist-
ent with the provisions of section five hundred sixteen of this title,
and except that the commissioner may refuse to renew such license if the
S. 2106 5
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 8. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that sections two and
four of this act shall take effect on the same date and in the same
manner as chapter 487 of the laws of 2012, takes effect; provided
further that the amendments to subdivision 1 of section 502 of the vehi-
cle and traffic law made by section four of this act shall expire and be
deemed repealed October 3, 2016 when upon such date section six of this
act shall take effect. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made on or before
such date.