S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8874
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 18, 2019
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to requiring an
   online defensive driving class for renewal of a drivers' license
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 6 of section 502 of the vehi-
 cle 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,  PROOF  OF  A
 COMPLETED ONLINE DEFENSIVE DRIVING COURSE AS APPROVED BY THE COMMISSION-
 ER,  and  if required by the commissioner a photo image of the applicant
 in such numbers and form as the commissioner shall prescribe.  In  addi-
 tion, an applicant for renewal of a license containing a hazardous mate-
 rial  endorsement  shall pass an examination to retain such endorsement.
 The commissioner shall, with respect to the renewal of a hazardous mate-
 rials 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13923-01-9
              

 A. 8874                             2
 
   § 2. Paragraph (a) of subdivision 6 of section 502 of the vehicle  and
 traffic law, as amended by chapter 37 of the laws of 2019, 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  or,  in  lieu
 thereof,  with  respect  to an application for a non-commercial driver's
 license or learner's permit which does not meet  federal  standards  for
 identification, an affidavit signed by such applicant that they have not
 been issued a social security number, PROOF OF A COMPLETED ONLINE DEFEN-
 SIVE  DRIVING COURSE AS APPROVED BY THE COMMISSIONER, and if required by
 the commissioner, a photo image of the applicant  in  such  numbers  and
 form  as the commissioner 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 requirements  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  inconsistent  with  the  provisions  of  section five hundred
 sixteen of this title, and except that the commissioner  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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that if chapter 37 of the
 laws of 2019 shall not have taken effect on or  before  such  date  then
 section  two  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2019 takes effect.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.