NY State Senate Bill 2023-S5244

Senate Bill S5244

2023-2024 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

Current 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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Jan 03, 2024	referred to transportation
Feb 28, 2023	referred to transportation

2023-S5244 (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
2021-2022: S4447

2023-S5244 (ACTIVE) - 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.

2023-S5244 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5244

SPONSOR: WEIK
 
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
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:

2022: S4447B Transportation

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
Immediately.

2023-S5244 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5244
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06820-01-3

 S. 5244                             2
 
 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
 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
 S. 5244                             3
 
 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.
   § 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' 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
 S. 5244                             4
 
 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
 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
 S. 5244                             5
 
 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.

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