S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5145
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the issue of
   non-commercial drivers' licenses and  learners'  permits  in  counties
   which contain in whole or in part boundary land; and to repeal certain
   provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 201 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 13 to read as follows:
   13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUBDI-
 VISIONS  EIGHT,  NINE, TEN, ELEVEN, AND TWELVE OF THIS SECTION SHALL NOT
 APPLY TO COUNTIES WHICH CONTAIN  IN  WHOLE  OR  IN  PART  BOUNDARY  LAND
 DEFINED IN SECTION FIVE OF THE STATE LAW.
   §  2.  Subdivision  1 of section 502 of the vehicle and traffic law is
 REPEALED and a new subdivision 1 is added to read as follows: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, IN  COUNTIES OTHER THAN THOSE WHICH CONTAIN IN WHOLE OR  IN  PART
 BOUNDARY  LAND  DEFINED IN SECTION FIVE OF THE STATE LAW, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06230-01-3
              

 A. 5145                             2
 
 APPLICANT AND WHICH IS UNEXPIRED OR EXPIRED FOR  LESS  THAN  TWENTY-FOUR
 MONTHS OF ITS DATE OF EXPIRATION, AS PRIMARY  FORMS OF SUCH PROOF. NOTH-
 ING  CONTAINED  IN  THIS  SUBDIVISION  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 CONSIST-
 ENT THROUGH ALL AFFILIATED RECORDS WITHIN THE CONTROL OF THE DEPARTMENT.
 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 COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
 SUCH APPLICANT'S SOCIAL SECURITY NUMBER OR, IN LIEU THEREOF IN  COUNTIES
 OTHER THAN THOSE WHICH CONTAIN IN WHOLE OR IN PART BOUNDARY LAND DEFINED
 IN  SECTION  FIVE OF THE STATE LAW, 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 APPLI-
 CANT 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. 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 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
 APPLICANT 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.
 A. 5145                             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 SUBSTANTIAL-
 LY  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 HOLD-
 ER 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  IN  COUNTIES OTHER THAN THOSE WHICH CONTAIN IN WHOLE OR IN PART
 BOUNDARY LAND DEFINED IN SECTION FIVE OF THE STATE LAW, 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 securi-
 ty 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  hazard-
 ous  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.
   §  4.  Subdivision  8 of section 502 of the vehicle and traffic law is
 amended by adding a new paragraph (f) to read as follows:
   (F) THIS SUBDIVISION SHALL NOT APPLY  TO  COUNTIES  WHICH  CONTAIN  IN
 WHOLE OR IN PART BOUNDARY LAND DEFINED IN SECTION FIVE OF THE STATE LAW.
   §  5.  Subdivision 3 of section 508 of the vehicle and traffic law, as
 amended by chapter 37 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   3.  License  record.  The  commissioner  shall  keep a record of every
 license issued which record shall be open to  public  inspection  during
 reasonable  business  hours.  Provided,  however, IN COUNTIES OTHER THAN
 THOSE WHICH CONTAIN IN WHOLE OR IN PART BOUNDARY LAND DEFINED IN SECTION
 FIVE OF THE STATE LAW, that the following information whenever contained
 within the record of  non-commercial  drivers'  licenses  and  learners'
 permits  shall not be open to public inspection: the photo image, social
 security number, client identification number, name, address,  telephone
 number,  place  of birth, country of origin, place of employment, school
 or educational institution attended,  source  of  income,  status  as  a
 recipient of public benefits, the customer identification number associ-
 ated  with a public utilities account, medical information or disability
 A. 5145                             4
 
 information of any holders of, or  applicants  for,  such  licenses  and
 permits, and whether such licenses or permits meet federal standards for
 identification  or  do  not  meet  federal standards for identification.
 Neither  the  commissioner  nor his agent shall be required to allow the
 inspection of an application, or to furnish a copy thereof, or  informa-
 tion therefrom, until a license has been issued thereon.
   § 6. This act shall take effect immediately.