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

                                 122--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. DINOWITZ, BRINDISI, MILLER, BRONSON, McDONALD,
  SKOUFIS, MOSLEY, CYMBROWITZ, SIMANOWITZ, BENEDETTO,  SIMOTAS,  CUSICK,
  GUNTHER, DenDEKKER, GOTTFRIED, PICHARDO, BARRON, COOK, GALEF, SCHIMEL,
  COLTON, ARROYO, LINARES, HOOPER, CRESPO -- Multi-Sponsored by -- M. of
  A.  HIKIND,  PERRY,  ROBINSON,  SIMON -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.  Section  502 of the vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. SPECIAL PROVISIONS FOR VETERANS.  IN ADDITION TO THE REQUIREMENTS
FOR LICENSE APPLICATIONS UNDER SUBDIVISION  ONE  OF  THIS  SECTION,  THE
COMMISSIONER  SHALL  ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION TO
ENABLE ANY APPLICANT WHO WAS A MEMBER OF THE ARMED FORCES OF THE  UNITED
STATES  AND  RECEIVED  AN  HONORABLE DISCHARGE OR WAS RELEASED THEREFROM
UNDER HONORABLE CONDITIONS, 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 THE DIVISION OF VETER-
ANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL REGARDING BENE-
FITS TO WHICH YOU MAY BE ENTITLED".  PROOF OF VETERAN  STATUS  SHALL  BE

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

                                                           LBD01780-03-6

A. 122--A                           2

DEMONSTRATED  IN THE SAME MANNER REQUIRED BY THE COMMISSIONER TO RECEIVE
A VETERAN NOTATION PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION  THREE  OF
SECTION  FOUR  HUNDRED  NINETY  OF  THIS  CHAPTER AND PARAGRAPH (A-1) OF
SUBDIVISION  ONE OF SECTION FIVE HUNDRED FOUR OF THIS ARTICLE, WHICH MAY
CONSIST OF A CERTIFICATE  OF  RELEASE  OR  DISCHARGE  FROM  ACTIVE  DUTY
INCLUDING,  BUT NOT LIMITED TO A DD FORM 214 OR OTHER PROOF SATISFACTORY
TO THE COMMISSIONER.
  S 2. 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,  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 WAS A MEMBER OF THE ARMED FORCES  OF
THE  UNITED  STATES  AND RECEIVED AN HONORABLE DISCHARGE OR WAS RELEASED
THEREFROM UNDER HONORABLE CONDITIONS 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 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 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.
  S 3. 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  WAS  A  MEMBER  OF  THE ARMED FORCES OF THE UNITED STATES AND
RECEIVED AN HONORABLE DISCHARGE OR WAS RELEASED THEREFROM  UNDER  HONOR-
ABLE  CONDITIONS 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 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

A. 122--A                           3

THE DIVISION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR
MAIL REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED".
  S 4. 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, WHICH INCLUDE EMAIL ADDRESS,
TELEPHONE NUMBER AND/OR MAILING ADDRESS,  OF  AN  APPLICANT  WHO  WAS  A
MEMBER  OF  THE ARMED FORCES OF THE UNITED STATES AND RECEIVED AN HONOR-
ABLE DISCHARGE OR WAS RELEASED THEREFROM UNDER HONORABLE CONDITIONS  AND
WHO  REQUESTS TO RECEIVE BENEFIT INFORMATION FROM THE DIVISION OF VETER-
ANS' AFFAIRS PURSUANT TO SUBDIVISION ONE-A OR PARAGRAPH (A) OF  SUBDIVI-
SION SIX OF SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
  S  5.  Section  353  of  the  executive law is amended by adding a new
subdivision 23 to read as follows:
  23. TO COORDINATE WITH THE DEPARTMENT OF MOTOR  VEHICLES  PURSUANT  TO
SUBDIVISION  ONE-A  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 WERE MEMBERS OF THE ARMED FORCES OF THE
UNITED STATES AND RECEIVED AN HONORABLE DISCHARGE OR WAS RELEASED THERE-
FROM UNDER HONORABLE CONDITIONS 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  6.  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 WAS A MEMBER OF THE ARMED FORCES OF THE UNITED  STATES
AND  RECEIVED  AN  HONORABLE  DISCHARGE  OR WAS RELEASED THEREFROM UNDER
HONORABLE CONDITIONS, TO REGISTER OR RECEIVE INFORMATION FROM THE  DIVI-
SION  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".  PROOF OF VETERAN  STATUS  SHALL  BE
DEMONSTRATED  IN THE SAME MANNER REQUIRED BY THE COMMISSIONER TO RECEIVE
A VETERAN NOTATION PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION  THREE  OF
SECTION  FOUR  HUNDRED  NINETY  OF  THIS  CHAPTER AND PARAGRAPH (A-1) OF
SUBDIVISION ONE OF SECTION FIVE HUNDRED FOUR OF THIS ARTICLE, WHICH  MAY
CONSIST  OF  A  CERTIFICATE  OF  RELEASE  OR  DISCHARGE FROM ACTIVE DUTY
INCLUDING, BUT NOT LIMITED TO A DD FORM 214 OR OTHER PROOF  SATISFACTORY
TO  THE COMMISSIONER. 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

A. 122--A                           4

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 7. This act shall take effect one year after it shall have become  a
law. Provided, however, that effective immediately any actions necessary
to  implement  the  provisions  of  this  act  on its effective date are
authorized and directed to be completed on or before such date.