S T A T E O F N E W Y O R K
________________________________________________________________________
2226
2013-2014 Regular Sessions
I N S E N A T E
January 14, 2013
___________
Introduced by Sens. RIVERA, LARKIN, DIAZ, DILAN, GIANARIS,
HASSELL-THOMPSON, KENNEDY -- 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 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 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. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05515-03-3
S. 2226 2
THE DIVISION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR
MAIL REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED". 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.
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. 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 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 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 CHECK-
ING THIS BOX, YOU CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE
UNITED STATES AND YOU GIVE PERMISSION TO THE DEPARTMENT OF MOTOR VEHI-
CLES 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 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
S. 2226 3
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. 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 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 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 check-
ing this box, you certify that you served in the armed forces of the
United States and you give permission to the department of motor vehi-
cles 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"] AND 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 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:
S. 2226 4
(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 5. 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-
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 6. 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 7. Section 353 of the executive law is amended by adding a new
subdivision 21 to read as follows:
S. 2226 5
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 8. 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
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 9. This act shall take effect on the ninetieth 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.
