NY State Senate Bill 2021-S4447A

Senate Bill S4447A

2021-2022 Legislative Session

Relates to implementing driving privilege licenses and requiring a social security number to register to vote on an application for a motor vehicle driver's license

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Nov 19, 2021	print number 4447b
Nov 19, 2021	amend and recommit to transportation
Nov 08, 2021	print number 4447a
Nov 08, 2021	amend (t) and recommit to transportation
Feb 04, 2021	referred to transportation

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S4447 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§501 & 502, V & T L; amd §5-212, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6910
2023-2024: S5244

2021-S4447 - Summary

Implements driving privilege licenses for applicants with alternative forms of identification; requires a social security number to register to vote on an application for a motor vehicle driver's license.

2021-S4447 - Sponsor Memo

                                
 
BILL NUMBER: S4447

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to driving
privilege licenses and making technical corrections; to amend the
election law, in relation to registering to vote on an application for a
motor vehicle driver's license; and to repeal certain provisions of the
vehicle and traffic law related thereto

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 501 of the Vehicle and Traffic Law by providing
for the issuance of driving privilege licenses, a new classification of
license for use in non-commercial vehicles. It includes stipulations
that said driving privilege license shall not be used for identification
purposes.

Section 2 makes a technical correction relating to the Laws of 2012.

Section 3 amends Section 502 of the Vehicle and Traffic Law by replacing

citations of "non-commercial drivers' license or learner's permit which
does not meet federal standards for identification", as added by Ch. 37
of the Laws of 2019, with "driving privilege license". These citations
are in reference to types of acceptable proofs as created by Ch. 37. It
also makes technical corrections relating to the Laws of 2012.

Section 4 amends Section 502 of the Vehicle and Traffic Law by replacing
citations in the same manner as Section 3 of this bill with relation to
a signed affidavit that an applicant does not have a Social Security
Card.

Section 5 amends Section 502 of the Vehicle and Traffic Law requiring
that drivers privilege licenses using alternative forms of identifica-
tion shall be visually distinct from federal-compliant drivers licenses
and shall include the statement "FOR DRIVING PRIVILEGES ONLY - NOT VALID
FOR IDENTIFICATION" on the card. It also includes a definition of alter-
native forms of identification and replaces Ch. 37 citations with "driv-
ers privilege card" as above.

Section 6 amends Section 5-212 of the Election Law, requiring that any
application to vote "made simultaneously and integrated with an applica-
tion for a motor vehicle drivers' license" shall require the applicant
to provide their Social Security number.

Section 7 sets forth the effective date.

 
JUSTIFICATION:

In 2019, New York State enacted the "Drivers' License Access and Privacy
Act", Chapter 37 of the Laws of 2019. This legislation "allow(ed) for
the issuance of a drivers' license" to undocumented immigrants, promis-
ing to "protect the data of those applying for such privilege from
unwarranted release". Enacting Chapter 37 as written, however, has
potentially significant effects of undermining electoral legitimacy in
New York State. Additionally, it has several negative impacts on public
safety. Specifically, Chapter 37 creates a system by which any individ-
ual bearing foreign credentials - which cannot be reasonably confirmed
as authentic by local motor vehicle offices - can gain a drivers'
license, which can be used as valid state identification. Put succinct-
ly, the current law provides that New York State shall issue valid State
identification to individuals whose identity it can not reasonably
confirm.

Throughout the United States, many states allow undocumented immigrants
to drive using systems creating "driver privilege licenses" or cards,
which permit these undocumented immigrants to drive to and from their
homes. Many states also have related provisions under different names.
In these states - a varied and diverse list of states ranging from Utah
to Delaware, Illinois, and California - the law provides that undocu-
mented immigrants may drive, but may not use their cards for identifica-
tion purposes. By doing so, these states can reap the claimed economic
benefits from these policies without diluting the value of a state-is-
sued identification.  With a driver's license used for identification
purposes, an individual can rent a car, open a bank account, enter unse-
cured federal facilities, and other activities - all activities that can
now be done without the State being able to confirm an individual's
identity.

This legislation will bring New York State into conformity with the
model of other states by creating a "driving privilege license" for
those applicants with alternative forms of identification. These
provisions will supplement the model created by Chapter 37 by separating
the driving privilege license type out from standard issue drivers'
licenses, and providing that these driving privilege license cannot be
used for identification purposes. This will ensure New York State's
drivers' licenses cannot be used for false identification, the possibil-
ity of which has numerous negative ramifications for public safety. This
bill will restore the value of New York State-issued identification.

In addition to important public safety provisions, this bill corrects an
oversight in Chapter 37 which could endanger public trust in the elec-
toral process. It amends the election law by providing that voter regis-
trations included with drivers licenses require applicants to provide
their social security number, ensuring that undocumented immigrants
cannot register to vote while applying for a driving privilege license,
including both written and electronic forms.

 
LEGISLATIVE HISTORY:

S6910 of 2019-20.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
In the same date and same manner as Chapter 37 of the Laws of 2019.

2021-S4447 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4447
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  JORDAN,  AKSHAR,  ORTT  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 AN  ACT  to  amend  the  vehicle and traffic law, in relation to driving
   privilege licenses and making  technical  corrections;  to  amend  the
   election law, in relation to registering to vote on an application for
   a  motor vehicle driver's license; and to repeal certain provisions of
   the vehicle and traffic law related thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  501 of the vehicle and traffic law is amended by
 adding a new subdivision 7 to read as follows:
   7. DRIVING PRIVILEGE LICENSES. (A) THE COMMISSIONER SHALL ISSUE  DRIV-
 ING  PRIVILEGE  LICENSES AS PROVIDED IN THIS ARTICLE. SUCH LICENSE SHALL
 BE VALID ONLY FOR THE OPERATION OF A MOTOR VEHICLE OF A TYPE WHICH COULD
 BE OPERATED BY THE HOLDER OF THE CLASS OF LICENSE FOR WHICH  APPLICATION
 IS BEING MADE, PROVIDED, HOWEVER THAT NO DRIVING PRIVILEGE LICENSE SHALL
 BE ISSUED WHICH WOULD BE EQUIVALENT TO A COMMERCIAL DRIVER'S LICENSE.
   (B)  (I)  NO  GOVERNMENTAL  ENTITY  SHALL  ACCEPT  A DRIVING PRIVILEGE
 LICENSE AS PROOF OF PERSONAL IDENTIFICATION.
   (II) NO DRIVING PRIVILEGE LICENSE SHALL BE USED AS A DOCUMENT  PROVID-
 ING PROOF OF A PERSON'S AGE FOR ANY GOVERNMENT REQUIRED PURPOSE.
   §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   § 3. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09349-01-1

 S. 4447                             2
 
 respect  to  a  [non-commercial  driver's]  DRIVING PRIVILEGE license or
 learner's permit which does not meet federal standards  for  identifica-
 tion,  in addition to the acceptable proofs of age and identity approved
 by the commissioner as of January first, two thousand nineteen, accepta-
 ble  proof  of  identity  shall  also  include, but not be limited to, a
 valid, unexpired foreign passport issued by the applicant's  country  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.    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 commission-
 er also shall require that the applicant provide his or her social secu-
 rity  number  or,  in lieu thereof, with respect to an application for a
 [non-commercial driver's] DRIVING PRIVILEGE 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 securi-
 ty number. The commissioner also shall PROVIDE SPACE SO THAT THE  APPLI-
 CANT  MAY  REQUEST  A NOTATION UPON SUCH LICENSE THAT THE APPLICANT IS A
 VETERAN OF THE UNITED STATES ARMED FORCES, AND 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.

 S. 4447                             3
 
 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.
   §  4. 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]
 DRIVING PRIVILEGE license or learner's permit which does not meet feder-
 al  standards  for identification, an affidavit signed by such applicant
 that they have not been issued a 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, 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.
   § 5. Subdivision 8 of section 502 of the vehicle and traffic  law,  as
 added by chapter 37 of the laws of 2019, is amended to read as follows:
   8. Non-commercial drivers' licenses and learners' permits which do not
 meet federal standards for identification. [(a)] Non-commercial drivers'
 licenses  and  learners' permits which do not meet federal standards for
 identification shall be issued in such form as  the  commissioner  shall
 determine,  provided  that  such  licenses and permits shall be visually
 identical to non-commercial  drivers'  licenses  and  learners'  permits
 which  do  meet  federal  standards  for identification except that such
 licenses and permits may state "Not  for  Federal  Purposes".  Provided,
 however,  that the commissioner may promulgate regulations providing for
 additional design or color indicators for both such non-commercial driv-
 ers' licenses and learners' permits if required to comply  with  federal
 law.
   8-A. DRIVING PRIVILEGE LICENSES AND LEARNERS' PERMITS APPLIED FOR WITH
 ALTERNATIVE  FORMS OF IDENTIFICATION. (A) DRIVING PRIVILEGE LICENSES AND
 LEARNERS' PERMITS APPLIED FOR WITH ALTERNATIVE FORMS  OF  IDENTIFICATION
 SHALL  BE  ISSUED  IN  SUCH  FORM  AS  THE COMMISSIONER SHALL DETERMINE,
 PROVIDED THAT SUCH LICENSES AND PERMITS SHALL BE  VISUALLY  DISTINCT  TO
 NON-COMMERCIAL  DRIVERS'  LICENSES  AND  LEARNERS' PERMITS WHICH DO MEET
 FEDERAL STANDARDS FOR IDENTIFICATION INCLUDING, BUT NOT LIMITED TO, THAT

 S. 4447                             4

 SUCH LICENSES AND PERMITS SHALL STATE A PHRASE SUBSTANTIALLY SIMILAR  TO
 "FOR  DRIVING PRIVILEGES ONLY - NOT VALID FOR IDENTIFICATION". PROVIDED,
 HOWEVER, THAT THE COMMISSIONER MAY PROMULGATE REGULATIONS PROVIDING  FOR
 ADDITIONAL DESIGN OR COLOR INDICATORS FOR DRIVING PRIVILEGE LICENSES AND
 LEARNERS'  PERMITS  APPLIED FOR WITH ALTERNATIVE FORMS OF IDENTIFICATION
 IF REQUIRED TO COMPLY WITH FEDERAL LAW. AS USED IN THIS SECTION  "ALTER-
 NATIVE  FORMS  OF  IDENTIFICATION" SHALL MEAN A VALID, UNEXPIRED FOREIGN
 PASSPORT ISSUED BY AN APPLICANT'S COUNTRY OF  CITIZENSHIP  (WHICH  SHALL
 ALSO BE ELIGIBLE AS PROOF OF AGE), A VALID, UNEXPIRED CONSULAR IDENTIFI-
 CATION  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 UNEXPIRED OR EXPIRED FOR LESS THAN
 TWENTY-FOUR MONTHS OF ITS DATE OF EXPIRATION.
   (b) Applicants  for  a  [non-commercial  driver's]  DRIVING  PRIVILEGE
 license  or learner's permit APPLIED FOR WITH ALTERNATIVE FORMS OF IDEN-
 TIFICATION or a renewal thereof shall not be required to prove that they
 are lawfully present in the United States.
   (c) Application forms for [non-commercial drivers'] DRIVING  PRIVILEGE
 licenses and learners' permits [which do not meet federal standards for]
 APPLIED  FOR  WITH  ALTERNATIVE  FORMS  OF identification or for renewal
 thereof shall not state (i) the documents an applicant used to prove age
 or identity, or (ii) an applicant's ineligibility for a social  security
 number  where  applicable,  or (iii) an applicant's citizenship or immi-
 gration status.
   (d) The commissioner and any agent or  employee  of  the  commissioner
 shall  not  retain  the  documents  or  copies of documents presented by
 applicants for [non-commercial drivers'] DRIVING PRIVILEGE  licenses  or
 learners'  permits [which do not meet federal standards for] APPLIED FOR
 WITH ALTERNATIVE FORMS OF identification to prove age or identity except
 for a limited period necessary to ensure the validity  and  authenticity
 of such documents.
   (e)  (i)  A  [non-commercial  driver's]  DRIVING  PRIVILEGE license or
 learner's permit [which does not meet federal standards for] APPLIED FOR
 WITH ALTERNATIVE FORMS OF identification shall not be used  as  evidence
 of  a  person's  citizenship or immigration status, and shall not be the
 basis for investigating, arresting, or detaining a person. (ii)  Neither
 the  commissioner  nor  any  agent or employee of the commissioner shall
 inquire about the citizenship or immigration status of any applicant for
 a [non-commercial  driver's]  DRIVING  PRIVILEGE  license  or  learner's
 permit  [which  does  not  meet  federal standards for] APPLIED FOR WITH
 ALTERNATIVE FORMS OF identification.
   § 6. Subdivision 3 of section 5-212 of the election law, as  added  by
 chapter 659 of the laws of 1994, is amended to read as follows:
   3. The voter registration portion of such forms:
   (a)  shall not require any information that duplicates the information
 required on the application for the driver  license  portion  and  shall
 require  only  such  additional  information,  including the applicant's
 signature, as will enable election officials to assess  the  applicant's
 eligibility  to  register to vote, prevent duplicate registration and to
 administer voter registration and other parts of the election process.
   (b) shall include a statement  of  the  eligibility  requirements  for
 voter  registration  and shall require the applicant to attest by his OR
 HER signature that he OR SHE meets those requirements under  penalty  of
 perjury.
   (c) shall inform the applicant, in print identical to that used in the
 attestation section of the following:

 S. 4447                             5
 
   (i) voter eligibility requirements;
   (ii) penalties for submission of false registration application;
   (iii) that the office where applicant registers shall remain confiden-
 tial and the information be used only for voter registration purposes;
   (iv)  if  the  applicant  declines to register, his OR HER declination
 shall remain confidential  and  be  used  only  for  voter  registration
 purposes[;].
   (D)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE CONTRARY, SHALL
 REQUIRE THE APPLICANT TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER.
   § 7. This act shall take effect immediately.

co-Sponsors

2021-S4447A - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§501 & 502, V & T L; amd §5-212, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6910
2023-2024: S5244

2021-S4447A - Summary

2021-S4447A - Sponsor Memo

                                 
BILL NUMBER: S4447A

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to driving
privilege licenses and making technical corrections; to amend the
election law, in relation to registering to vote on an application for a
motor vehicle driver's license

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 501 of the Vehicle and Traffic Law by providing
for the issuance of driving privilege licenses, a new classification of
license for use in non-commercial vehicles. It includes stipulations
that said driving privilege license shall not be used for identification
purposes.

Section 2 amends Section 502 of the Vehicle and Traffic Law by replacing
citations of "non-commercial drivers' license or learner's permit which
does not meet federal standards for identification", as added by Ch. 37
of the Laws of 2019, with "driving privilege license". These citations
are in reference to types of acceptable proofs as created by Ch. 37.

Section 3 amends Section 502 of the Vehicle and Traffic Law by replacing
citations in the same manner as Section 3 of this bill with relation to
a signed affidavit that an applicant does not have a Social Security
Card.

Section 4 amends Section 502 of the Vehicle and Traffic Law requiring
that drivers privilege licenses using alternative forms of identifica-
tion shall be visually distinct from federal-compliant drivers licenses
and shall include the statement "FOR DRIVING PRIVILEGES ONLY - NOT VALID
FOR IDENTIFICATION" on the card. It also includes a definition of alter-
native forms of identification and replaces Ch. 37 citations with "driv-
ers privilege card" as above.

Section 5 amends Section 5-212 of the Election Law, requiring that any
application to vote "made simultaneously and integrated with an applica-
tion for a motor vehicle drivers' license" shall require the applicant
to provide their Social Security number.

Section 6 sets forth the effective date.

 
JUSTIFICATION:

In 2019, New York State enacted the "Drivers' License Access and Privacy
Act", Chapter 37 of the Laws of 2019. This legislation "allow(ed) for
the issuance of a drivers' license" to undocumented immigrants, promis-
ing to "protect the data of those applying for such privilege from
unwarranted release". Enacting Chapter 37 as written, however, has
potentially significant effects of undermining electoral legitimacy in
New York State. Additionally, it has several negative impacts on public
safety. Specifically, Chapter 37 creates a system by which any individ-
ual bearing foreign credentials - which cannot be reasonably confirmed
as authentic by local motor vehicle offices - can gain a drivers'
license, which can be used as valid state identification.  Put succinct-
ly, the current law provides that New York State shall issue valid State

identification to individuals whose identity it can not reasonably
confirm.

Throughout the United States, many states allow undocumented immigrants
to drive using systems creating "driver privilege licenses" or cards,
which permit these undocumented immigrants to drive to and from their
homes. Many states also have related provisions under different names.
In these states - a varied and diverse list of states ranging from Utah
to Delaware, Illinois, and California - the law provides that undocu-
mented immigrants may drive, but may not use their cards for identifica-
tion purposes. By doing so, these states can reap the claimed economic
benefits from these policies without diluting the value of a state-is-
sued identification.  With a driver's license used for identification
purposes, an individual can rent a car, open a bank account, enter unse-
cured federal facilities, and other activities - all activities that can
now be done without the State being able to confirm an individual's
identity.

This legislation will bring New York State into conformity with the
model of other states by creating a "driving privilege license" for
those applicants with alternative forms of identification. These
provisions will supplement the model created by Chapter 37 by separating
the driving privilege license type out from standard issue drivers'
licenses, and providing that these driving privilege license cannot be
used for identification purposes. This will ensure New York State's
drivers' licenses cannot be used for false identification, the possibil-
ity of which has numerous negative ramifications for public safety. This
bill will restore the value of New York State-issued identification.

In addition to important public safety provisions, this bill corrects an
oversight in Chapter 37 which could endanger public trust in the elec-
toral process. It amends the election law by providing that voter regis-
trations included with drivers licenses require applicants to provide
their social security number, ensuring that undocumented immigrants
cannot register to vote while applying for a driving privilege license,
including both written and electronic forms.

 
LEGISLATIVE HISTORY:

S6910 of 2019-20.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
In the same date and same manner as Chapter 37 of the Laws of 2019.

2021-S4447A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4447--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  JORDAN,  AKSHAR,  ORTT  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  driving
   privilege  licenses  and  making  technical  corrections; to amend the
   election law, in relation to registering to vote on an application for
   a motor vehicle driver's license
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  501 of the vehicle and traffic law is amended by
 adding a new subdivision 7 to read as follows:
   7. DRIVING PRIVILEGE LICENSES. (A) THE COMMISSIONER SHALL ISSUE  DRIV-
 ING  PRIVILEGE  LICENSES AS PROVIDED IN THIS ARTICLE. SUCH LICENSE SHALL
 BE VALID ONLY FOR THE OPERATION OF A MOTOR VEHICLE OF A TYPE WHICH COULD
 BE OPERATED BY THE HOLDER OF THE CLASS OF LICENSE FOR WHICH  APPLICATION
 IS BEING MADE, PROVIDED, HOWEVER THAT NO DRIVING PRIVILEGE LICENSE SHALL
 BE ISSUED WHICH WOULD BE EQUIVALENT TO A COMMERCIAL DRIVER'S LICENSE.
   (B)  (I)  NO  GOVERNMENTAL  ENTITY  SHALL  ACCEPT  A DRIVING PRIVILEGE
 LICENSE AS PROOF OF PERSONAL IDENTIFICATION.
   (II) NO DRIVING PRIVILEGE LICENSE SHALL BE USED AS A DOCUMENT  PROVID-
 ING PROOF OF A PERSON'S AGE FOR ANY GOVERNMENT REQUIRED PURPOSE.
   §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 440 of the laws  of  2021,  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]  DRIVING  PRIVILEGE  license  or
 learner's  permit  which does not meet federal standards for identifica-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09349-02-1

 S. 4447--A                          2
 
 tion, in addition to the acceptable proofs of age and identity  approved
 by the commissioner as of January first, two thousand nineteen, accepta-
 ble  proof  of  identity  shall  also  include, but not be limited to, a
 valid,  unexpired  foreign passport issued by the applicant's country 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.    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 commission-
 er also shall require that the applicant provide his or her social secu-
 rity number or, in lieu thereof, with respect to an  application  for  a
 [non-commercial  driver's] DRIVING PRIVILEGE 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 securi-
 ty  number. The commissioner also shall provide space on the application
 so that the applicant may request a notation upon such license  that  he
 or  she is a veteran of the United States armed forces, and 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
 S. 4447--A                          3
 
 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.
   § 2-a. Subdivision 1 of section 502 of the vehicle and traffic    law,
 as  separately  amended   by   chapters 158 and   440  of  the  laws  of
 2021, 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]  DRIVING PRIVILEGE license or
 learner's permit which does not meet federal standards  for  identifica-
 tion,  in addition to the acceptable proofs of age and identity approved
 by the commissioner as of January first, two thousand nineteen, accepta-
 ble proof of identity shall also include,  but  not  be  limited  to,  a
 valid,  unexpired  foreign passport issued by the applicant's country 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.  The license shall display the
 sex designation of M, F, or X as certified by  the  applicant,  with  no
 additional  documentation  required.  The  applicant  may  amend the sex
 designation of their driver's license upon request.  Upon  amendment  of
 the  sex  designation,  the  change shall be made consistent through all
 affiliated records within the control of the department. The commission-
 er 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 such appli-
 cant's social security number or, in lieu thereof, with  respect  to  an
 application for a [non-commercial driver's] DRIVING PRIVILEGE 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  request  a  notation
 upon  such license that such applicant is a veteran of the United States
 armed forces, and space on the application so  that  the  applicant  may
 request  a notation upon such license that he or she is a veteran of the
 United States armed forces, and 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
 S. 4447--A                          4
 
 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.
   § 3. 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]
 DRIVING PRIVILEGE license or learner's permit which does not meet feder-
 al standards for identification, an affidavit signed by  such  applicant
 that they have not been issued a 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, 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.
 S. 4447--A                          5
 
   §  4.  Subdivision 8 of section 502 of the vehicle and traffic law, as
 added by chapter 37 of the laws of 2019, is amended to read as follows:
   8.  [Non-commercial drivers'] DRIVING PRIVILEGE licenses and learners'
 permits which do not meet federal  standards  for  identification.  [(a)
 Non-commercial   drivers']  DRIVING  PRIVILEGE  licenses  and  learners'
 permits which do not meet federal standards for identification shall  be
 issued  in  such form as the commissioner shall determine, provided that
 such licenses and permits shall be visually identical to [non-commercial
 drivers'] DRIVING PRIVILEGE licenses and learners' permits which do meet
 federal standards for  identification  except  that  such  licenses  and
 permits  may  state  "Not for Federal Purposes". Provided, however, that
 the commissioner may promulgate  regulations  providing  for  additional
 design or color indicators for both such [non-commercial drivers'] DRIV-
 ING  PRIVILEGE licenses and learners' permits if required to comply with
 federal law.
   8-A. DRIVING PRIVILEGE LICENSES AND LEARNERS' PERMITS APPLIED FOR WITH
 ALTERNATIVE FORMS OF IDENTIFICATION. (A) DRIVING PRIVILEGE LICENSES  AND
 LEARNERS'  PERMITS  APPLIED FOR WITH ALTERNATIVE FORMS OF IDENTIFICATION
 SHALL BE ISSUED IN  SUCH  FORM  AS  THE  COMMISSIONER  SHALL  DETERMINE,
 PROVIDED  THAT  SUCH  LICENSES AND PERMITS SHALL BE VISUALLY DISTINCT TO
 NON-COMMERCIAL DRIVERS' LICENSES AND LEARNERS'  PERMITS  WHICH  DO  MEET
 FEDERAL STANDARDS FOR IDENTIFICATION INCLUDING, BUT NOT LIMITED TO, THAT
 SUCH  LICENSES AND PERMITS SHALL STATE A PHRASE SUBSTANTIALLY SIMILAR TO
 "FOR DRIVING PRIVILEGES ONLY - NOT VALID FOR IDENTIFICATION".  PROVIDED,
 HOWEVER,  THAT THE COMMISSIONER MAY PROMULGATE REGULATIONS PROVIDING FOR
 ADDITIONAL DESIGN OR COLOR INDICATORS FOR DRIVING PRIVILEGE LICENSES AND
 LEARNERS' PERMITS APPLIED FOR WITH ALTERNATIVE FORMS  OF  IDENTIFICATION
 IF  REQUIRED TO COMPLY WITH FEDERAL LAW. AS USED IN THIS SECTION "ALTER-
 NATIVE FORMS OF IDENTIFICATION" SHALL MEAN A  VALID,  UNEXPIRED  FOREIGN
 PASSPORT  ISSUED  BY  AN APPLICANT'S COUNTRY OF CITIZENSHIP (WHICH SHALL
 ALSO BE ELIGIBLE AS PROOF OF AGE), A VALID, UNEXPIRED CONSULAR IDENTIFI-
 CATION 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 UNEXPIRED OR EXPIRED FOR  LESS  THAN
 TWENTY-FOUR MONTHS OF ITS DATE OF EXPIRATION.
   (b)  Applicants  for  a  [non-commercial  driver's]  DRIVING PRIVILEGE
 license or learner's permit APPLIED FOR WITH ALTERNATIVE FORMS OF  IDEN-
 TIFICATION or a renewal thereof shall not be required to prove that they
 are lawfully present in the United States.
   (c)  Application forms for [non-commercial drivers'] DRIVING PRIVILEGE
 licenses and learners' permits [which do not meet federal standards for]
 APPLIED FOR WITH ALTERNATIVE FORMS  OF  identification  or  for  renewal
 thereof shall not state (i) the documents an applicant used to prove age
 or  identity, or (ii) an applicant's ineligibility for a social security
 number where applicable, or (iii) an applicant's  citizenship  or  immi-
 gration status.
   (d)  The  commissioner  and  any agent or employee of the commissioner
 shall not retain the documents  or  copies  of  documents  presented  by
 applicants  for  [non-commercial drivers'] DRIVING PRIVILEGE licenses or
 learners' permits [which do not meet federal standards for] APPLIED  FOR
 WITH ALTERNATIVE FORMS OF identification to prove age or identity except
 for  a  limited period necessary to ensure the validity and authenticity
 of such documents.
   (e) (i) A  [non-commercial  driver's]  DRIVING  PRIVILEGE  license  or
 learner's permit [which does not meet federal standards for] APPLIED FOR
 WITH  ALTERNATIVE  FORMS OF identification shall not be used as evidence
 S. 4447--A                          6
 
 of a person's citizenship or immigration status, and shall  not  be  the
 basis  for investigating, arresting, or detaining a person. (ii) Neither
 the commissioner nor any agent or employee  of  the  commissioner  shall
 inquire about the citizenship or immigration status of any applicant for
 a  [non-commercial  driver's]  DRIVING  PRIVILEGE  license  or learner's
 permit [which does not meet federal  standards  for]  APPLIED  FOR  WITH
 ALTERNATIVE FORMS OF identification.
   §  5.  Subdivision 3 of section 5-212 of the election law, as added by
 chapter 659 of the laws of 1994, is amended to read as follows:
   3. The voter registration portion of such forms:
   (a) shall not require any information that duplicates the  information
 required  on  the  application  for the driver license portion and shall
 require only such  additional  information,  including  the  applicant's
 signature,  as  will enable election officials to assess the applicant's
 eligibility to register to vote, prevent duplicate registration  and  to
 administer voter registration and other parts of the election process.
   (b)  shall  include  a  statement  of the eligibility requirements for
 voter registration and shall require the applicant to attest by  his  OR
 HER  signature  that he OR SHE meets those requirements under penalty of
 perjury.
   (c) shall inform the applicant, in print identical to that used in the
 attestation section of the following:
   (i) voter eligibility requirements;
   (ii) penalties for submission of false registration application;
   (iii) that the office where applicant registers shall remain confiden-
 tial and the information be used only for voter registration purposes;
   (iv) if the applicant declines to register,  his  OR  HER  declination
 shall  remain  confidential  and  be  used  only  for voter registration
 purposes[;].
   (D) NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  SHALL
 REQUIRE THE APPLICANT TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER.
   §  6.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 1 of section 502 of the vehicle and  traf-
 fic  law made by section two of this act shall be subject to the expira-
 tion  of such subdivision, when upon such date the provisions of section
 two-a of this act shall take effect.

co-Sponsors

2021-S4447B (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§501 & 502, V & T L; amd §5-212, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6910
2023-2024: S5244

2021-S4447B (ACTIVE) - Summary

2021-S4447B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4447B

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to driving
privilege licenses and making technical corrections; to amend the
election law, in relation to registering to vote on an application for a
motor vehicle driver's license

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 501 of the Vehicle and Traffic Law by providing
for the issuance of driving privilege licenses, a new classification of
license for use in non-commercial vehicles. It includes stipulations
that said driving privilege license shall not be used for identification
purposes or to establish residency.

Section 2 amends Section 502 of the Vehicle and Traffic Law by replacing
citations of "non-commercial drivers' license or learner's permit which
does not meet federal standards for identification", as added by Ch. 37
of the Laws of 2019, with "driving privilege license". These citations
are in reference to types of acceptable proofs as created by Ch. 37.

Section 3 amends Section 502 of the Vehicle and Traffic Law by replacing
citations in the same manner as Section 3 of this bill with relation to
a signed affidavit that an applicant does not have a Social Security
Card.

Section 4 amends Section 502 of the Vehicle and Traffic Law requiring
that drivers privilege licenses using alternative forms of identifica-
tion shall be visually distinct from federal-compliant drivers licenses
and shall include the statement "FOR DRIVING PRIVILEGES ONLY - NOT VALID
FOR IDENTIFICATION" on the card. It also includes a definition of alter-
native forms of identification and replaces Ch. 37 citations with "driv-
ers privilege card" as above.

Section 5 amends Section 5-212 of the Election Law, requiring that any
application to vote "made simultaneously and integrated with an applica-
tion for a motor vehicle drivers' license" shall require the applicant
to provide their Social Security number.

Section 6 sets forth the effective date.

 
JUSTIFICATION:

In 2019, New York State enacted the "Drivers' License Access and Privacy
Act", Chapter 37 of the Laws of 2019. This legislation "allow(ed) for
the issuance of a drivers' license" to undocumented immigrants, promis-
ing to "protect the data of those applying for such privilege from
unwarranted release". Enacting Chapter 37 as written, however, has
potentially significant effects of undermining electoral legitimacy in
New York State. Additionally, it has several negative impacts on public
safety. Specifically, Chapter 37 creates a system by which any individ-
ual bearing foreign credentials - which cannot be reasonably confirmed
as authentic by local motor vehicle offices - can gain a drivers'
license, which can be used as valid state identification.  Put succinct-
ly, the current law provides that New York State shall issue valid State

identification to individuals whose identity it can not reasonably
confirm.

Throughout the United States, many states allow undocumented immigrants
to drive using systems creating "driver privilege licenses" or cards,
which permit these undocumented immigrants to drive to and from their
homes. Many states also have related provisions under different names.
In these states - a varied and diverse list of states ranging from Utah
to Delaware, Illinois, and California - the law provides that undocu-
mented immigrants may drive, but may not use their cards for identifica-
tion purposes. By doing so, these states can reap the claimed economic
benefits from these policies without diluting the value of a state-is-
sued identification. With a driver's license used for identification
purposes, an individual can rent a car, open a bank account, enter unse-
cured federal facilities, and other activities - all activities that can
now be done without the State being able to confirm an individual's
identity.

This legislation will bring New York State into conformity with the
model of other states by creating a "driving privilege license" for
those applicants with alternative forms of identification. These
provisions will supplement the model created by Chapter 37 by separating
the driving privilege license type out from standard issue drivers'
licenses, and providing that these driving privilege license cannot be
used for identification purposes. This will ensure New York State's
drivers' licenses cannot be used for false identification, the possibil-
ity of which has numerous negative ramifications for public safety. This
bill will restore the value of New York State-issued identification.

In addition to important public safety provisions, this bill corrects an
oversight in Chapter 37 which could endanger public trust in the elec-
toral process. It amends the election law by providing that voter regis-
trations included with drivers licenses require applicants to provide
their social security number, ensuring that undocumented immigrants
cannot register to vote while applying for a driving privilege license,
including both written and electronic forms.

 
LEGISLATIVE HISTORY:

S6910 of 2019-20.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
Immediately.

2021-S4447B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4447--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  JORDAN,  AKSHAR,  ORTT  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  driving
   privilege  licenses  and  making  technical  corrections; to amend the
   election law, in relation to registering to vote on an application for
   a motor vehicle driver's license
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  501 of the vehicle and traffic law is amended by
 adding a new subdivision 7 to read as follows:
   7. DRIVING PRIVILEGE LICENSES. (A) THE COMMISSIONER SHALL ISSUE  DRIV-
 ING  PRIVILEGE  LICENSES AS PROVIDED IN THIS ARTICLE. SUCH LICENSE SHALL
 BE VALID ONLY FOR THE OPERATION OF A MOTOR VEHICLE OF A TYPE WHICH COULD
 BE OPERATED BY THE HOLDER OF THE CLASS OF LICENSE FOR WHICH  APPLICATION
 IS BEING MADE, PROVIDED, HOWEVER THAT NO DRIVING PRIVILEGE LICENSE SHALL
 BE ISSUED WHICH WOULD BE EQUIVALENT TO A COMMERCIAL DRIVER'S LICENSE.
   (B)  (I)  NO  GOVERNMENTAL  ENTITY  SHALL  ACCEPT  A DRIVING PRIVILEGE
 LICENSE AS PROOF OF PERSONAL IDENTIFICATION.
   (II) NO DRIVING PRIVILEGE LICENSE SHALL BE USED AS A DOCUMENT  PROVID-
 ING PROOF OF A PERSON'S AGE FOR ANY GOVERNMENT REQUIRED PURPOSE.
   (III) NO DRIVING PRIVILEGE LICENSE SHALL BE USED AS A DOCUMENT PROVID-
 ING PROOF OF A PERSON'S RESIDENCY FOR ANY GOVERNMENT REQUIRED PURPOSE.
   §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 440 of the laws  of  2021,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09349-04-1

 S. 4447--B                          2
 
 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]  DRIVING  PRIVILEGE  license  or
 learner's  permit  which does not meet federal standards for identifica-
 tion, in addition to the acceptable proofs of age and identity  approved
 by the commissioner as of January first, two thousand nineteen, accepta-
 ble  proof  of  identity  shall  also  include, but not be limited to, a
 valid, unexpired foreign passport issued by the applicant's  country  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.    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 commission-
 er also shall require that the applicant provide his or her social secu-
 rity  number  or,  in lieu thereof, with respect to an application for a
 [non-commercial driver's] DRIVING PRIVILEGE 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 securi-
 ty number. The commissioner also shall provide space on the  application
 so  that  the applicant may request a notation upon such license that he
 or she is a veteran of the United States armed forces, and 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
 S. 4447--B                          3
 
 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.
   §  2-a.  Subdivision 1 of section 502 of the vehicle and traffic  law,
 as separately amended  by  chapters 158 and   440   of   the   laws   of
 2021, 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]  DRIVING  PRIVILEGE  license  or
 learner's  permit  which does not meet federal standards for identifica-
 tion, in addition to the acceptable proofs of age and identity  approved
 by the commissioner as of January first, two thousand nineteen, accepta-
 ble  proof  of  identity  shall  also  include, but not be limited to, a
 valid, unexpired foreign passport issued by the applicant's  country  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.   The license shall  display  the
 sex  designation  of  M,  F, or X as certified by the applicant, with no
 additional documentation required.  The  applicant  may  amend  the  sex
 designation  of  their  driver's license upon request. Upon amendment of
 the sex designation, the change shall be  made  consistent  through  all
 affiliated records within the control of the department. The commission-
 er  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  such  appli-
 cant's  social  security  number or, in lieu thereof, with respect to an
 application for a [non-commercial driver's] DRIVING PRIVILEGE 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 request a notation
 upon such license that such applicant is a veteran of the United  States
 armed  forces,  and  space  on the application so that the applicant may
 request a notation upon such license that he or she is a veteran of  the
 United  States  armed  forces,  and 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:
 S. 4447--B                          4
 
   "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.
   § 3. 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]
 DRIVING PRIVILEGE license or learner's permit which does not meet feder-
 al standards for identification, an affidavit signed by  such  applicant
 that they have not been issued a 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, 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
 S. 4447--B                          5
 
 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.
   § 4. Subdivision 8 of section 502 of the vehicle and traffic  law,  as
 added by chapter 37 of the laws of 2019, is amended to read as follows:
   8.  [Non-commercial drivers'] DRIVING PRIVILEGE licenses and learners'
 permits which do not meet federal  standards  for  identification.  [(a)
 Non-commercial   drivers']  DRIVING  PRIVILEGE  licenses  and  learners'
 permits which do not meet federal standards for identification shall  be
 issued  in  such form as the commissioner shall determine, provided that
 such licenses and permits shall be visually identical to [non-commercial
 drivers'] DRIVING PRIVILEGE licenses and learners' permits which do meet
 federal standards for  identification  except  that  such  licenses  and
 permits  may  state  "Not for Federal Purposes". Provided, however, that
 the commissioner may promulgate  regulations  providing  for  additional
 design or color indicators for both such [non-commercial drivers'] DRIV-
 ING  PRIVILEGE licenses and learners' permits if required to comply with
 federal law.
   8-A. DRIVING PRIVILEGE LICENSES AND LEARNERS' PERMITS APPLIED FOR WITH
 ALTERNATIVE FORMS OF IDENTIFICATION. (A) DRIVING PRIVILEGE LICENSES  AND
 LEARNERS'  PERMITS  APPLIED FOR WITH ALTERNATIVE FORMS OF IDENTIFICATION
 SHALL BE ISSUED IN  SUCH  FORM  AS  THE  COMMISSIONER  SHALL  DETERMINE,
 PROVIDED  THAT  SUCH  LICENSES AND PERMITS SHALL BE VISUALLY DISTINCT TO
 NON-COMMERCIAL DRIVERS' LICENSES AND LEARNERS'  PERMITS  WHICH  DO  MEET
 FEDERAL STANDARDS FOR IDENTIFICATION INCLUDING, BUT NOT LIMITED TO, THAT
 SUCH  LICENSES AND PERMITS SHALL STATE A PHRASE SUBSTANTIALLY SIMILAR TO
 "FOR DRIVING PRIVILEGES ONLY - NOT VALID FOR IDENTIFICATION".  PROVIDED,
 HOWEVER,  THAT THE COMMISSIONER MAY PROMULGATE REGULATIONS PROVIDING FOR
 ADDITIONAL DESIGN OR COLOR INDICATORS FOR DRIVING PRIVILEGE LICENSES AND
 LEARNERS' PERMITS APPLIED FOR WITH ALTERNATIVE FORMS  OF  IDENTIFICATION
 IF  REQUIRED TO COMPLY WITH FEDERAL LAW. AS USED IN THIS SECTION "ALTER-
 NATIVE FORMS OF IDENTIFICATION" SHALL MEAN A  VALID,  UNEXPIRED  FOREIGN
 PASSPORT  ISSUED  BY  AN APPLICANT'S COUNTRY OF CITIZENSHIP (WHICH SHALL
 ALSO BE ELIGIBLE AS PROOF OF AGE), A VALID, UNEXPIRED CONSULAR IDENTIFI-
 CATION 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 UNEXPIRED OR EXPIRED FOR  LESS  THAN
 TWENTY-FOUR MONTHS OF ITS DATE OF EXPIRATION.
   (b)  Applicants  for  a  [non-commercial  driver's]  DRIVING PRIVILEGE
 license or learner's permit APPLIED FOR WITH ALTERNATIVE FORMS OF  IDEN-
 TIFICATION or a renewal thereof shall not be required to prove that they
 are lawfully present in the United States.
   (c)  Application forms for [non-commercial drivers'] DRIVING PRIVILEGE
 licenses and learners' permits [which do not meet federal standards for]
 APPLIED FOR WITH ALTERNATIVE FORMS  OF  identification  or  for  renewal
 thereof shall not state (i) the documents an applicant used to prove age
 or  identity, or (ii) an applicant's ineligibility for a social security
 number where applicable, or (iii) an applicant's  citizenship  or  immi-
 gration status.
   (d)  The  commissioner  and  any agent or employee of the commissioner
 shall not retain the documents  or  copies  of  documents  presented  by
 applicants  for  [non-commercial drivers'] DRIVING PRIVILEGE licenses or
 learners' permits [which do not meet federal standards for] APPLIED  FOR
 S. 4447--B                          6
 
 WITH ALTERNATIVE FORMS OF identification to prove age or identity except
 for  a  limited period necessary to ensure the validity and authenticity
 of such documents.
   (e)  (i)  A  [non-commercial  driver's]  DRIVING  PRIVILEGE license or
 learner's permit [which does not meet federal standards for] APPLIED FOR
 WITH ALTERNATIVE FORMS OF identification shall not be used  as  evidence
 of  a  person's  citizenship or immigration status, and shall not be the
 basis for investigating, arresting, or detaining a person. (ii)  Neither
 the  commissioner  nor  any  agent or employee of the commissioner shall
 inquire about the citizenship or immigration status of any applicant for
 a [non-commercial  driver's]  DRIVING  PRIVILEGE  license  or  learner's
 permit  [which  does  not  meet  federal standards for] APPLIED FOR WITH
 ALTERNATIVE FORMS OF identification.
   § 5. Subdivision 3 of section 5-212 of the election law, as  added  by
 chapter 659 of the laws of 1994, is amended to read as follows:
   3. The voter registration portion of such forms:
   (a)  shall not require any information that duplicates the information
 required on the application for the driver  license  portion  and  shall
 require  only  such  additional  information,  including the applicant's
 signature, as will enable election officials to assess  the  applicant's
 eligibility  to  register to vote, prevent duplicate registration and to
 administer voter registration and other parts of the election process.
   (b) shall include a statement  of  the  eligibility  requirements  for
 voter  registration  and shall require the applicant to attest by his OR
 HER signature that he OR SHE meets those requirements under  penalty  of
 perjury.
   (c) shall inform the applicant, in print identical to that used in the
 attestation section of the following:
   (i) voter eligibility requirements;
   (ii) penalties for submission of false registration application;
   (iii) that the office where applicant registers shall remain confiden-
 tial and the information be used only for voter registration purposes;
   (iv)  if  the  applicant  declines to register, his OR HER declination
 shall remain confidential  and  be  used  only  for  voter  registration
 purposes[;].
   (D)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE CONTRARY, SHALL
 REQUIRE THE APPLICANT TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER.
   § 6. This act shall take effect immediately; provided,  however,  that
 the  amendments to subdivision 1 of section 502 of the vehicle and traf-
 fic  law made by section two of this act shall be subject to the expira-
 tion of such subdivision, when upon such date the provisions of  section
 two-a of this act shall take effect.

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Senate Bill S4447A

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Sponsored By

Daphne Jordan

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

Fred Akshar

Robert G. Ortt

2021-S4447 - Details

2021-S4447 - Summary

2021-S4447 - Sponsor Memo

2021-S4447 - Bill Text download pdf

co-Sponsors

Fred Akshar

Robert G. Ortt

2021-S4447A - Details

2021-S4447A - Summary

2021-S4447A - Sponsor Memo

2021-S4447A - Bill Text download pdf

co-Sponsors

Fred Akshar

Robert G. Ortt

2021-S4447B (ACTIVE) - Details

2021-S4447B (ACTIVE) - Summary

2021-S4447B (ACTIVE) - Sponsor Memo

2021-S4447B (ACTIVE) - Bill Text download pdf

Comments