S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9006
 
                           I N  A S S E M B L Y
 
                             February 1, 2024
                                ___________
 
 Introduced  by M. of A. MEEKS -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to  the  creation  of  a
   department  of  corrections  and  community supervision identification
   form; to amend the vehicle and traffic law, in relation to the use  of
   a  department  of corrections and community supervision identification
   form as proof of identity

   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 35 to read as follows:
   35.  "IDENTIFICATION  FORM"  SHALL  MEAN  AND REFER TO A DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION IDENTIFICATION FORM ISSUED  PURSU-
 ANT 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 AND COMMUNITY SUPERVISION IDENTIFICA-
 TION FORM.  1. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF
 MOTOR VEHICLES, SHALL CREATE A DEPARTMENT OF CORRECTIONS  AND  COMMUNITY
 SUPERVISION  IDENTIFICATION FORM, WHICH SHALL BE ISSUED TO EACH INDIVID-
 UAL UPON SUCH INDIVIDUAL'S RELEASE FROM A CORRECTIONAL 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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02496-01-3
 A. 9006                             2
 
   § 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 AND COMMUNITY SUPERVISION IDENTIFI-
 CATION FORM ISSUED PURSUANT TO SECTION EIGHTY-ONE OF THE CORRECTION  LAW
 SHALL  CONSTITUTE SUFFICIENT PROOF OF IDENTITY FOR AN INDIVIDUAL SUBMIT-
 TING AN APPLICATION FOR AN IDENTIFICATION CARD PURSUANT TO THIS SECTION,
 AND THE COMMISSIONER SHALL NOT REQUIRE SUCH INDIVIDUAL  TO  PROVIDE  ANY
 FURTHER PROOF OF IDENTIFICATION.
   § 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 AND COMMUNITY SUPERVISION IDENTIFICATION FORM
 ISSUED PURSUANT TO SECTION EIGHTY-ONE OF THE CORRECTION LAW. The commis-
 sioner 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
 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 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 AND
 COMMUNITY SUPERVISION IDENTIFICATION FORM  ISSUED  PURSUANT  TO  SECTION
 EIGHTY-ONE  OF  THE  CORRECTION LAW, 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  citizen-
 ship, 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, as primary forms of  such  proof.
 Nothing  contained  in  this subdivision 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 AND COMMUNITY
 SUPERVISION 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
 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
 A. 9006                             3
 
 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,  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 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
 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.
   § 6. 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.