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AB1142 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1142
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ, DenDEKKER, BRINDISI, M. G. MILLER,
          BRONSON, McDONALD, SKOUFIS, MOSLEY, CYMBROWITZ, SIMANOWITZ, BENEDETTO,
          SIMOTAS, CUSICK, GUNTHER, GOTTFRIED, PICHARDO,  BARRON,  COOK,  GALEF,
          COLTON,  ARROYO, HOOPER, CRESPO, HUNTER -- Multi-Sponsored by -- M. of
          A. HIKIND, PERRY, SIMON -- read once and referred to the Committee  on
          Transportation
 
        AN  ACT  to  amend the vehicle and traffic law and the executive law, in
          relation to enabling veterans  to  receive  benefit  information  upon
          applying for or renewing a driver's license
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 502 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 1-a to read as follows:
     3    1-a. Special provisions for veterans.  In addition to the requirements
     4  for  license  applications  under  subdivision  one of this section, the
     5  commissioner shall ensure that space is provided on the  application  to
     6  enable  any applicant who was a member of the armed forces of the United
     7  States and received an honorable discharge  or  was  released  therefrom
     8  under  honorable conditions, to register to receive information from the
     9  division of veterans' affairs by email or telephone  regarding  benefits
    10  to which such applicant may be entitled and that the following is stated
    11  on  the  application: "By checking this box, you certify that you served
    12  in the armed forces of the United States and you give permission to  the
    13  department  of motor vehicles to share your name and contact information
    14  with the division of veterans' affairs to enable the division of  veter-
    15  ans' affairs to contact you via email, telephone or mail regarding bene-
    16  fits  to  which  you may be entitled".  Proof of veteran status shall be
    17  demonstrated in the same manner required by the commissioner to  receive
    18  a  veteran  notation  pursuant  to paragraph (b) of subdivision three of
    19  section four hundred ninety of  this  chapter  and  paragraph  (a-1)  of
    20  subdivision  one of section five hundred four of this article, which may
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01091-01-7

        A. 1142                             2
 
     1  consist of a certificate  of  release  or  discharge  from  active  duty
     2  including,  but not limited to a DD Form 214 or other proof satisfactory
     3  to the commissioner.
     4    §  2. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
     5  traffic law, as amended by section 3 of part K of chapter 59 of the laws
     6  of 2009, is amended to read as follows:
     7    (a) A license issued pursuant to  subdivision  five  of  this  section
     8  shall  be valid until the expiration date contained thereon, unless such
     9  license is suspended, revoked or cancelled. Such license may be  renewed
    10  by  submission of an application for renewal, the fee prescribed by law,
    11  proofs of prior licensing, fitness and acceptable vision  prescribed  by
    12  the  commissioner,  the  applicant's  social  security  number,  and  if
    13  required by the commissioner a photo image  of  the  applicant  in  such
    14  numbers  and form as the commissioner shall prescribe.  In addition, the
    15  commissioner shall ensure that space is provided on the application  for
    16  renewal  to enable any applicant who was a member of the armed forces of
    17  the United States and received an honorable discharge  or  was  released
    18  therefrom  under honorable conditions to register to receive information
    19  from the division of veterans' affairs by email or  telephone  regarding
    20  benefits  to which such applicant may be entitled and that the following
    21  is stated on the application for renewal: "By  checking  this  box,  you
    22  certify that you served in the armed forces of the United States and you
    23  give  permission  to the department of motor vehicles to share your name
    24  and contact information with the division of veterans' affairs to enable
    25  the division of veterans' affairs to contact you via email, telephone or
    26  mail regarding benefits to which you may be entitled". In  addition,  an
    27  applicant  for  renewal  of  a  license  containing a hazardous material
    28  endorsement shall pass an examination to retain  such  endorsement.  The
    29  commissioner shall, with respect to the renewal of a hazardous materials
    30  endorsement,  comply  with  the  requirements  imposed  upon  states  by
    31  sections 383.141 and 1572.13 of title 49 of the code  of  federal  regu-
    32  lations.  A  renewal of such license shall be issued by the commissioner
    33  upon approval of such application, except that no such license shall  be
    34  issued  if  its  issuance  would  be inconsistent with the provisions of
    35  section five hundred sixteen of this title, and except that the  commis-
    36  sioner  may  refuse to renew such license if the applicant is the holder
    37  of a currently valid or renewable license to  drive  issued  by  another
    38  state or foreign country unless the applicant surrenders such license.
    39    §  3.  Subdivision  3 of section 490 of the vehicle and traffic law is
    40  amended by adding a new paragraph (d) to read as follows:
    41    (d) In addition, the commissioner shall ensure that space is  provided
    42  on  the application and the application for renewal to enable any appli-
    43  cant who was a member of the armed  forces  of  the  United  States  and
    44  received  an  honorable discharge or was released therefrom under honor-
    45  able conditions to register to receive information from the division  of
    46  veterans'  affairs  by  email,  telephone  or mail regarding benefits to
    47  which such applicant may be entitled and that the following is stated on
    48  the application and application for renewal: "By checking this box,  you
    49  certify that you served in the armed forces of the United States and you
    50  give  permission  to the department of motor vehicles to share your name
    51  and contact information with the division of veterans' affairs to enable
    52  the division of veterans' affairs to contact you via email, telephone or
    53  mail regarding benefits to which you may be entitled".
    54    § 4. Section 508 of the vehicle and traffic law is amended by adding a
    55  new subdivision 6 to read as follows:

        A. 1142                             3
 
     1    6. The commissioner shall appoint agents to act on his or  her  behalf
     2  to  collect,  store  and  make  available  to  the division of veterans'
     3  affairs the name and contact information, which include  email  address,
     4  telephone  number  and/or  mailing  address,  of  an applicant who was a
     5  member  of  the armed forces of the United States and received an honor-
     6  able discharge or was released therefrom under honorable conditions  and
     7  who  requests to receive benefit information from the division of veter-
     8  ans' affairs pursuant to subdivision one-a or paragraph (a) of  subdivi-
     9  sion six of section five hundred two of this article.
    10    §  5.  Section  353  of  the  executive law is amended by adding a new
    11  subdivision 24 to read as follows:
    12    24. To coordinate with the department of motor  vehicles  pursuant  to
    13  subdivision  one-a  or  paragraph (a) of subdivision six of section five
    14  hundred two of the vehicle and traffic law to retrieve name and  contact
    15  information  of  applicants  who were members of the armed forces of the
    16  United States and received an honorable discharge or was released there-
    17  from under honorable conditions who are applying for or  renewing  their
    18  driver's  licenses  and  who request to be contacted by the division via
    19  email, telephone or mail regarding benefits to which they may  be  enti-
    20  tled.
    21    §  6.  Subdivision 3 of section 502 of the vehicle and traffic law, as
    22  amended by chapter 97 of the  laws  of  2016,  is  amended  to  read  as
    23  follows:
    24    3.  Application  for  learner's permit. An application for a learner's
    25  permit shall be included in the application for a license.  The  commis-
    26  sioner  shall ensure that space is provided on the application to enable
    27  any applicant who was a member of the armed forces of the United  States
    28  and  received  an  honorable  discharge  or was released therefrom under
    29  honorable conditions, to register or receive information from the  divi-
    30  sion  of  veterans'  affairs by email or telephone regarding benefits to
    31  which such applicant may be entitled and that the following is stated on
    32  the application: "By checking this box, you certify that you  served  in
    33  the  armed  forces  of  the United States and you give permission to the
    34  department of motor vehicles to share your name and contact  information
    35  with  the division of veterans' affairs to enable the division of veter-
    36  ans' affairs to contact you via email, telephone or mail regarding bene-
    37  fits to which you may be entitled".  Proof of veteran  status  shall  be
    38  demonstrated  in the same manner required by the commissioner to receive
    39  a veteran notation pursuant to paragraph (b)  of  subdivision  three  of
    40  section  four  hundred  ninety  of  this  chapter and paragraph (a-1) of
    41  subdivision one of section five hundred four of this article, which  may
    42  consist  of  a  certificate  of  release  or  discharge from active duty
    43  including, but not limited to a DD Form 214 or other proof  satisfactory
    44  to  the commissioner. A learner's permit shall be issued in such form as
    45  the commissioner shall determine but shall  not  be  issued  unless  the
    46  applicant  has  successfully  passed  the  vision  test required by this
    47  section and the test set forth in paragraph (a) of subdivision  four  of
    48  this  section  with  respect  to laws relating to traffic and ability to
    49  read and comprehend traffic signs and  symbols  and  has  satisfactorily
    50  completed  any  course required pursuant to paragraph (a) of subdivision
    51  four of this section. Upon acceptance of an application for a  learner's
    52  permit  the  commissioner  shall  provide  the applicant with a driver's
    53  manual which includes but is not limited to the laws relating  to  traf-
    54  fic,  the  laws  relating  to and physiological effects of driving while
    55  ability impaired and driving while intoxicated, the law  for  exercising
    56  due  care  to avoid colliding with a parked, stopped or standing vehicle

        A. 1142                             4
 
     1  pursuant to section eleven hundred forty-four-a of this chapter,  expla-
     2  nations  of  traffic  signs  and  symbols  and such other matters as the
     3  commissioner may prescribe.
     4    §  7. This act shall take effect one year after it shall have become a
     5  law, except that, if chapter 97 of the laws of 2016 shall not have taken
     6  effect on or before the effective date of this act, then section six  of
     7  this  act  shall  take effect on the same date and in the same manner as
     8  chapter 97 of the laws of 2016 takes effect.   Provided,  however,  that
     9  effective  immediately any actions necessary to implement the provisions
    10  of this act on its effective date are  authorized  and  directed  to  be
    11  completed on or before such date.
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