S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5373
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the correction law, in relation to the creation of a
   department of corrections identification form; to  amend  the  vehicle
   and traffic law, in relation to the use of a department of corrections
   identification  form  as  proof  of  identity;  and  to repeal certain
   provisions of the vehicle and traffic law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 2 of the correction law is amended by adding a new
 subdivision 33 to read as follows:
   33.  "IDENTIFICATION  FORM"  SHALL  MEAN  AND REFER TO A DEPARTMENT OF
 CORRECTIONS IDENTIFICATION FORM ISSUED PURSUANT  TO  THE  PROVISIONS  OF
 SECTION EIGHTY-ONE OF THIS CHAPTER.
   § 2.  The correction law is amended by adding a new section 81 to read
 as follows:
   §  81.  DEPARTMENT OF CORRECTIONS IDENTIFICATION FORM.  1. THE COMMIS-
 SIONER, IN COOPERATION WITH THE COMMISSIONER OF  MOTOR  VEHICLES,  SHALL
 CREATE  A  DEPARTMENT OF CORRECTIONS IDENTIFICATION FORM, WHICH SHALL BE
 ISSUED TO EACH INDIVIDUAL UPON SUCH INDIVIDUAL'S RELEASE FROM A  CORREC-
 TIONAL FACILITY.
   2. IDENTIFICATION FORMS ISSUED PURSUANT TO THIS SECTION SHALL CONTAIN,
 AT  A  MINIMUM,  THE  FOLLOWING INFORMATION ABOUT THE INDIVIDUAL TO WHOM
 SUCH IDENTIFICATION FORM IS ISSUED:
   (A) SUCH INDIVIDUAL'S FULL NAME;
   (B) SUCH INDIVIDUAL'S PERMANENT ADDRESS,  IF  SUCH  INDIVIDUAL  HAS  A
 PERMANENT ADDRESS THAT THEY INTEND TO RETURN TO;
   (C) SUCH INDIVIDUAL'S BIRTH DATE; AND
   (D)  ANY  OTHER  INFORMATION  THE  COMMISSIONER SHALL DEEM RELEVANT OR
 NECESSARY.

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

                                                            LBD08233-02-1

 S. 5373                             2
 
   3. A CORRECTIONAL FACILITY SHALL DELIVER TO EACH INDIVIDUAL ALL FORMS,
 PAPERWORK, AND/OR OTHER DOCUMENTS REQUIRED TO BE DELIVERED TO SUCH INDI-
 VIDUAL IN ADDITION TO THE IDENTIFICATION FORM  REQUIRED  BY  SUBDIVISION
 ONE OF THIS SECTION, IMMEDIATELY UPON SUCH INDIVIDUAL'S RELEASE.
   §  3.  Section 490 of the vehicle and traffic law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A.  A DEPARTMENT OF CORRECTIONS IDENTIFICATION FORM ISSUED  PURSUANT
 TO  SECTION EIGHTY-ONE OF THE CORRECTION LAW SHALL CONSTITUTE SUFFICIENT
 PROOF OF IDENTITY FOR AN INDIVIDUAL SUBMITTING  AN  APPLICATION  FOR  AN
 IDENTIFICATION CARD PURSUANT TO THIS SECTION, AND THE COMMISSIONER SHALL
 NOT  REQUIRE SUCH INDIVIDUAL TO PROVIDE ANY FURTHER PROOF OF IDENTIFICA-
 TION.
   § 4. 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
 card  or  renewal  thereof provide his or her social security number, OR
 DEPARTMENT OF CORRECTIONS IDENTIFICATION FORM ISSUED PURSUANT TO SECTION
 EIGHTY-ONE OF THE CORRECTION LAW. The commissioner shall  provide  space
 so  that  an  applicant  may request a notation upon such identification
 card that he or she is a veteran of the United States armed forces.
   § 5. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   §  6.  Subdivision 1 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:
   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. With
 respect to a non-commercial driver's license or learner's  permit  which
 does  not  meet federal standards for identification, in addition to the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, A DEPARTMENT OF  CORRECTIONS  IDEN-
 TIFICATION  FORM ISSUED PURSUANT TO SECTION EIGHTY-ONE OF THE CORRECTION
 LAW, a valid, unexpired foreign passport issued by the applicant's coun-
 try of citizenship (which shall also be eligible as  proof  of  age),  a
 valid,  unexpired consular identification document issued by a consulate
 from the applicant's country of citizenship, or a valid foreign driver's
 license that includes a photo image of the applicant and which is  unex-
 pired or expired for less than twenty-four months of its date of expira-
 tion, as primary forms of such proof. Nothing contained in this subdivi-
 sion  shall  be  deemed  to  preclude  the  commissioner  from approving
 additional proofs of identity and age.   IN THE  CASE  OF  AN  APPLICANT
 USING A DEPARTMENT OF CORRECTIONS IDENTIFICATION FORM ISSUED PURSUANT TO
 SECTION  EIGHTY-ONE  OF  THE  CORRECTION  LAW  AS PROOF OF IDENTITY, THE
 COMMISSIONER SHALL NOT REQUIRE SUCH APPLICANT TO PROVIDE ANY  ADDITIONAL
 PROOF  OF  IDENTITY. The commissioner may also provide that the applica-
 tion procedure shall include the taking of a photo image  or  images  of
 the applicant in accordance with rules and regulations prescribed by the

 S. 5373                             3
 
 commissioner.  In addition, the commissioner also shall require that the
 applicant provide his or her 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 identifica-
 tion, an affidavit signed by such applicant  that  they  have  not  been
 issued  a  social  security  number. The commissioner also shall 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 with the following  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  health shall not maintain records of any person
 who checks "skip this question". Except where the application is made in
 person or electronically, 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, except as otherwise  provided  pursuant  to
 the  provisions  of  paragraph  (b) of subdivision one of section forty-
 three hundred one of the public  health  law.  Where  an  applicant  has
 previously  consented  to  make  an anatomical gift or registered in the
 donate life registry, checking "skip this question" or failing to  check
 a  box  shall  not  impair that consent or registration. 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.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.