S T A T E O F N E W Y O R K
________________________________________________________________________
775--A
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. RIVERA, ADDABBO, COMRIE, DIAZ, DILAN, GIANARIS,
HASSELL-THOMPSON, KENNEDY, LARKIN, MONTGOMERY, PANEPINTO, PARKER,
SQUADRON -- read twice and ordered printed, and when printed to be
committed to the Committee on Transportation -- recommitted to the
Committee on Transportation in accordance with Senate Rule 6, sec. 8
-- 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
DEMONSTRATED IN THE SAME MANNER REQUIRED BY THE COMMISSIONER TO RECEIVE
A VETERAN NOTATION PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01780-02-6
S. 775--A 2
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
THE DIVISION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR
MAIL REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED".
S. 775--A 3
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
manual which includes but is not limited to the laws relating to traf-
fic, the laws relating to and physiological effects of driving while
S. 775--A 4
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.
