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AB1142 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1142--A
 
                               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,  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  --  committee  discharged,   bill   amended,   ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the vehicle and traffic law and the executive law, in
          relation to enabling veterans and reservists to receive benefit infor-
          mation 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,  or as a reservist in one of the reserve components of the armed
     8  forces listed in 10 U.S.C. § 10101, and received an honorable  discharge
     9  or  was  released  therefrom  under honorable conditions, to register to
    10  receive information from the division of veterans' affairs by  email  or
    11  telephone regarding benefits to which such applicant may be entitled and
    12  that  the following is stated on the application: "By checking this box,
    13  you certify that you served in the armed forces of the United States, or
    14  as a reservist in one of the reserve  components  of  the  armed  forces
    15  listed  in  10 U.S.C. § 10101, and you give permission to the department
    16  of motor vehicles to share your name and contact  information  with  the
    17  division  of  veterans'  affairs  to  enable  the  division of veterans'
    18  affairs to contact you via email, telephone or mail  regarding  benefits
    19  to  which you may be entitled".  Proof of veteran status shall be demon-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01091-03-7

        A. 1142--A                          2
 
     1  strated in the same manner required by the  commissioner  to  receive  a
     2  veteran  notation  pursuant  to  paragraph  (b)  of subdivision three of
     3  section four hundred ninety of  this  chapter  and  paragraph  (a-1)  of
     4  subdivision  one of section five hundred four of this article, which may
     5  consist of a certificate  of  release  or  discharge  from  active  duty
     6  including,  but  not  limited to a DD Form 214, leave and earning state-
     7  ments for service as a reservist in one of the reserve components of the
     8  armed forces listed in 10 U.S.C. § 10101 or other proof satisfactory  to
     9  the commissioner.  Provided, however, that an applicant's veteran status
    10  shall  not  be disclosed to any person or entity other than the division
    11  of veterans' affairs, and shall be exempt from the provisions of  subdi-
    12  vision two of section eighty-seven of the public officers law.
    13    §  2. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
    14  traffic law, as amended by section 3 of part K of chapter 59 of the laws
    15  of 2009, is amended to read as follows:
    16    (a) A license issued pursuant to  subdivision  five  of  this  section
    17  shall  be valid until the expiration date contained thereon, unless such
    18  license is suspended, revoked or cancelled. Such license may be  renewed
    19  by  submission of an application for renewal, the fee prescribed by law,
    20  proofs of prior licensing, fitness and acceptable vision  prescribed  by
    21  the  commissioner,  the  applicant's  social  security  number,  and  if
    22  required by the commissioner a photo image  of  the  applicant  in  such
    23  numbers  and form as the commissioner shall prescribe.  In addition, the
    24  commissioner shall ensure that space is provided on the application  for
    25  renewal  to enable any applicant who was a member of the armed forces of
    26  the United States, or as a reservist in one of the reserve components of
    27  the armed forces listed in 10 U.S.C. § 10101, and received an  honorable
    28  discharge or was released therefrom under honorable conditions to regis-
    29  ter  to  receive  information  from the division of veterans' affairs by
    30  email or telephone regarding benefits to which  such  applicant  may  be
    31  entitled  and  that  the  following  is  stated  on  the application for
    32  renewal: "By checking this box, you certify that you served in the armed
    33  forces of the United States, or as a reservist in  one  of  the  reserve
    34  components of the armed forces listed in 10 U.S.C. § 10101, and you give
    35  permission  to  the  department of motor vehicles to share your name and
    36  contact information with the division of veterans' affairs to enable the
    37  division of veterans' affairs to contact you  via  email,  telephone  or
    38  mail  regarding  benefits to which you may be entitled". In addition, an
    39  applicant for renewal of  a  license  containing  a  hazardous  material
    40  endorsement  shall  pass  an examination to retain such endorsement. The
    41  commissioner shall, with respect to the renewal of a hazardous materials
    42  endorsement,  comply  with  the  requirements  imposed  upon  states  by
    43  sections  383.141  and  1572.13 of title 49 of the code of federal regu-
    44  lations. A renewal of such license shall be issued by  the  commissioner
    45  upon  approval of such application, except that no such license shall be
    46  issued if its issuance would be  inconsistent  with  the  provisions  of
    47  section  five hundred sixteen of this title, and except that the commis-
    48  sioner may refuse to renew such license if the applicant is  the  holder
    49  of  a  currently  valid  or renewable license to drive issued by another
    50  state or foreign country unless the applicant surrenders  such  license.
    51  Provided,  however,  that  an  applicant's  veteran  status shall not be
    52  disclosed to any person or entity other than the division  of  veterans'
    53  affairs,  and  shall be exempt from the provisions of subdivision two of
    54  section eighty-seven of the public officers law.
    55    § 3. Subdivision 3 of section 490 of the vehicle and  traffic  law  is
    56  amended by adding a new paragraph (d) to read as follows:

        A. 1142--A                          3

     1    (d)  In addition, the commissioner shall ensure that space is provided
     2  on the application and the application for renewal to enable any  appli-
     3  cant  who was a member of the armed forces of the United States, or as a
     4  reservist in one of the reserve components of the armed forces listed in
     5  10  U.S.C.  § 10101, and received an honorable discharge or was released
     6  therefrom under honorable conditions to register to receive  information
     7  from  the  division  of  veterans'  affairs  by email, telephone or mail
     8  regarding benefits to which such applicant may be entitled and that  the
     9  following  is stated on the application and application for renewal: "By
    10  checking this box, you certify that you served in the  armed  forces  of
    11  the  United  States , or as a reservist in one of the reserve components
    12  of the armed forces listed in 10 U.S.C.  § 10101, and you  give  permis-
    13  sion  to the department of motor vehicles to share your name and contact
    14  information with the division of veterans' affairs to enable  the  divi-
    15  sion  of  veterans'  affairs to contact you via email, telephone or mail
    16  regarding benefits to which you may be entitled".    Provided,  however,
    17  that  an applicant's veteran status shall not be disclosed to any person
    18  or entity other than the division of veterans'  affairs,  and  shall  be
    19  exempt from the provisions of subdivision two of section eighty-seven of
    20  the public officers law.
    21    § 4. Section 508 of the vehicle and traffic law is amended by adding a
    22  new subdivision 6 to read as follows:
    23    6.  The  commissioner shall appoint agents to act on his or her behalf
    24  to collect, store and  make  available  to  the  division  of  veterans'
    25  affairs  the  name and contact information, which include email address,
    26  telephone number and/or mailing address,  of  an  applicant  who  was  a
    27  member  of  the  armed forces of the United States, or as a reservist in
    28  one of the reserve components of the armed forces listed in 10 U.S.C.  §
    29  10101,  and  received  an  honorable discharge or was released therefrom
    30  under honorable conditions and who requests to receive benefit  informa-
    31  tion  from  the  division  of  veterans' affairs pursuant to subdivision
    32  one-a or paragraph (a) of subdivision six of section five hundred two of
    33  this article.
    34    § 5. Section 353 of the executive law  is  amended  by  adding  a  new
    35  subdivision 24 to read as follows:
    36    24.  To  coordinate  with the department of motor vehicles pursuant to
    37  subdivision one-a or paragraph (a) of subdivision six  of  section  five
    38  hundred  two of the vehicle and traffic law to retrieve name and contact
    39  information of applicants who were members of the armed  forces  of  the
    40  United States, or as a reservist in one of the reserve components of the
    41  armed  forces  listed  in  10  U.S.C. § 10101, and received an honorable
    42  discharge or was released therefrom under honorable conditions  who  are
    43  applying  for  or renewing their driver's licenses and who request to be
    44  contacted by the division via email, telephone or mail  regarding  bene-
    45  fits  to  which  they may be entitled. Provided, however, that an appli-
    46  cant's veteran status shall not be disclosed to  any  person  or  entity
    47  other  than  the division of veterans' affairs, and shall be exempt from
    48  the provisions of subdivision two of section eighty-seven of the  public
    49  officers law.
    50    §  6.  Subdivision 3 of section 502 of the vehicle and traffic law, as
    51  amended by chapter 97 of the  laws  of  2016,  is  amended  to  read  as
    52  follows:
    53    3.  Application  for  learner's permit. An application for a learner's
    54  permit shall be included in the application for a license.  The  commis-
    55  sioner  shall ensure that space is provided on the application to enable
    56  any applicant who was a member of the armed forces of the United States,

        A. 1142--A                          4
 
     1  or as a reservist in one of the reserve components of the  armed  forces
     2  listed  in 10 U.S.C. § 10101, and received an honorable discharge or was
     3  released therefrom under honorable conditions, to  register  or  receive
     4  information from the division of veterans' affairs by email or telephone
     5  regarding  benefits to which such applicant may be entitled and that the
     6  following is stated on the  application:  "By  checking  this  box,  you
     7  certify  that you served in the armed forces of the United States, or as
     8  a reservist in one of the reserve components of the armed forces  listed
     9  in 10 U.S.C. § 10101, and you give permission to the department of motor
    10  vehicles to share your name and contact information with the division of
    11  veterans' affairs to enable the division of veterans' affairs to contact
    12  you  via email, telephone or mail regarding benefits to which you may be
    13  entitled".  Proof of veteran status shall be demonstrated  in  the  same
    14  manner required by the commissioner to receive a veteran notation pursu-
    15  ant to paragraph (b) of subdivision three of section four hundred ninety
    16  of  this  chapter and paragraph (a-1) of subdivision one of section five
    17  hundred four of this article, which may  consist  of  a  certificate  of
    18  release or discharge from active duty including, but not limited to a DD
    19  Form 214, leave and earning statements for service as a reservist in one
    20  of  the  reserve  components  of the armed forces listed in 10 U.S.C.  §
    21  10101 or other proof  satisfactory  to  the  commissioner.  A  learner's
    22  permit  shall be issued in such form as the commissioner shall determine
    23  but shall not be issued unless the applicant has successfully passed the
    24  vision test required by this section and the test set forth in paragraph
    25  (a) of subdivision four of this section with respect to laws relating to
    26  traffic and ability to read and comprehend traffic signs and symbols and
    27  has satisfactorily completed any course required pursuant  to  paragraph
    28  (a)  of subdivision four of this section. Upon acceptance of an applica-
    29  tion for a learner's permit the commissioner shall provide the applicant
    30  with a driver's manual which includes but is not  limited  to  the  laws
    31  relating  to  traffic, the laws relating to and physiological effects of
    32  driving while ability impaired and driving while  intoxicated,  the  law
    33  for  exercising  due  care  to avoid colliding with a parked, stopped or
    34  standing vehicle pursuant to section eleven hundred forty-four-a of this
    35  chapter, explanations of  traffic  signs  and  symbols  and  such  other
    36  matters  as  the commissioner may prescribe.  Provided, however, that an
    37  applicant's veteran status shall not be disclosed to any person or enti-
    38  ty other than the division of veterans' affairs,  and  shall  be  exempt
    39  from  the  provisions  of  subdivision two of section eight-seven of the
    40  public officers law.
    41    § 7. This act shall take effect one year after it shall have become  a
    42  law. Provided, however, that effective immediately any actions necessary
    43  to  implement  the  provisions  of  this  act  on its effective date are
    44  authorized and directed to be completed on or before such date.
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