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A06150 Summary:

BILL NOA06150
 
SAME ASSAME AS S03239
 
SPONSORMeeks
 
COSPNSRDavila, Chandler-Waterman
 
MLTSPNSR
 
Amd §2, add §81, Cor L; amd §§490 & 502, V & T L
 
Relates to the creation of a department of corrections and community supervision identification form; relates to the use of such form as proof of identity for individuals applying for a non-driver identification card or certain driver's licenses.
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A06150 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6150
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 26, 2025
                                       ___________
 
        Introduced by M. of A. MEEKS, DAVILA, CHANDLER-WATERMAN -- 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; and to amend the vehicle and traffic law, in relation to the use
          of  a  department of corrections and community supervision identifica-
          tion form as proof of identity
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 2 of the correction law is amended by adding a new
     2  subdivision 35 to read as follows:
     3    35.  "Identification  form"  shall  mean  and refer to a department of
     4  corrections and community supervision identification form issued  pursu-
     5  ant to the provisions of section eighty-one of this chapter.
     6    § 2.  The correction law is amended by adding a new section 81 to read
     7  as follows:
     8    §  81. Department of corrections and community supervision identifica-
     9  tion form.  1. The commissioner, in cooperation with the commissioner of
    10  motor vehicles, shall create a department of corrections  and  community
    11  supervision  identification form, which shall be issued to each individ-
    12  ual upon such individual's release from a correctional facility.
    13    2. Identification forms issued pursuant to this section shall contain,
    14  at a minimum, the following information about  the  individual  to  whom
    15  such identification form is issued:
    16    (a) Such individual's full name;
    17    (b)  Such  individual's  permanent  address,  if such individual has a
    18  permanent address that they intend to return to;
    19    (c) Such individual's birth date; and
    20    (d) Any other information the  commissioner  shall  deem  relevant  or
    21  necessary.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00472-01-5

        A. 6150                             2
 
     1    3. A correctional facility shall deliver to each individual all forms,
     2  paperwork, and/or other documents required to be delivered to such indi-
     3  vidual  in  addition  to the identification form required by subdivision
     4  one of this section, immediately upon such individual's release.
     5    §  3.  Section 490 of the vehicle and traffic law is amended by adding
     6  a new subdivision 2-a to read as follows:
     7    2-a.  A department of corrections and community supervision  identifi-
     8  cation  form issued pursuant to section eighty-one of the correction law
     9  shall constitute sufficient proof of identity for an individual  submit-
    10  ting an application for an identification card pursuant to this section,
    11  and  the  commissioner  shall not require such individual to provide any
    12  further proof of identification.
    13    § 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
    14  of the vehicle and traffic law, as amended by chapter 487 of the laws of
    15  2012, is amended to read as follows:
    16    (i) The commissioner shall upon submission of an appropriate  applica-
    17  tion,  upon payment of the prescribed fee, and upon being satisfied that
    18  the person described is the applicant and that such applicant meets  the
    19  requirements set forth in subdivision two of this section, issue to such
    20  applicant  a  nontransferable  identification  card.    In addition, the
    21  commissioner also shall require that an applicant for an  identification
    22  card  or  renewal thereof provide [his or her] a social security number,
    23  or department of corrections and  community  supervision  identification
    24  form  issued  pursuant  to section eighty-one of the correction law. The
    25  commissioner shall provide space so that  an  applicant  may  request  a
    26  notation  upon  such identification card that [he or she] such applicant
    27  is a veteran of the United States armed forces.
    28    § 5. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
    29  separately  amended  by  chapters  158  and  440 of the laws of 2021, is
    30  amended to read as follows:
    31    1. Application for license. Application for a driver's  license  shall
    32  be  made to the commissioner. The fee prescribed by law may be submitted
    33  with such application. The applicant shall furnish such proof of identi-
    34  ty, age, and fitness as  may  be  required  by  the  commissioner.  With
    35  respect  to  a non-commercial driver's license or learner's permit which
    36  does not meet federal standards for identification, in addition  to  the
    37  acceptable proofs of age and identity approved by the commissioner as of
    38  January first, two thousand nineteen, acceptable proof of identity shall
    39  also  include,  but  not  be limited to, a department of corrections and
    40  community supervision identification form  issued  pursuant  to  section
    41  eighty-one  of  the  correction law, a valid, unexpired foreign passport
    42  issued by the applicant's country of citizenship (which  shall  also  be
    43  eligible  as  proof  of age), a valid, unexpired consular identification
    44  document issued by a consulate from the applicant's country of  citizen-
    45  ship, or a valid foreign driver's license that includes a photo image of
    46  the  applicant  and  which is unexpired or expired for less than twenty-
    47  four months of its date of expiration, as primary forms of  such  proof.
    48  Nothing  contained  in  this subdivision shall be deemed to preclude the
    49  commissioner from approving additional proofs of identity  and  age.  In
    50  the case of an applicant using a department of corrections and community
    51  supervision identification form issued pursuant to section eighty-one of
    52  the  correction  law  as  proof  of identity, the commissioner shall not
    53  require such applicant to provide any additional proof of identity.  The
    54  license  shall display the sex designation of M, F, or X as certified by
    55  the applicant, with no additional documentation required. The  applicant
    56  may  amend  the  sex designation of their driver's license upon request.

        A. 6150                             3
 
     1  Upon amendment of the sex designation, the change shall be made consist-
     2  ent through all affiliated records within the control of the department.
     3  The commissioner may also provide that the application  procedure  shall
     4  include  the  taking  of  a  photo  image  or images of the applicant in
     5  accordance with rules and regulations prescribed by the commissioner. In
     6  addition, the commissioner also shall require that the applicant provide
     7  such applicant's social  security  number  or,  in  lieu  thereof,  with
     8  respect  to  an  application  for  a  non-commercial driver's license or
     9  learner's permit which does not meet federal standards  for  identifica-
    10  tion,  an  affidavit  signed  by  such applicant that they have not been
    11  issued a social security number. The  commissioner  also  shall  provide
    12  space  on  the  application so that the applicant may request a notation
    13  upon such license that such applicant is a veteran of the United  States
    14  armed  forces,  and  space  on the application so that the applicant may
    15  request a notation upon such license that [he or she] such applicant  is
    16  a  veteran  of the United States armed forces, and space on the applica-
    17  tion so that the applicant may register in the New York state organ  and
    18  tissue  donor  registry  under  section  forty-three  hundred ten of the
    19  public health law with the following stated on the application in  clear
    20  and conspicuous type:
    21    "You  must  fill out the following section: Would you like to be added
    22  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    23  tion'."
    24    The  commissioner  of  health shall not maintain records of any person
    25  who checks "skip this question". Except where the application is made in
    26  person or electronically, failure to check a box shall  not  impair  the
    27  validity of an application, and failure to check "yes" or checking "skip
    28  this  question" shall not be construed to imply a wish not to donate. In
    29  the case of an applicant under eighteen years  of  age,  checking  "yes"
    30  shall  not constitute consent to make an anatomical gift or registration
    31  in the donate life registry, except as otherwise  provided  pursuant  to
    32  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    33  three hundred one of the public  health  law.  Where  an  applicant  has
    34  previously  consented  to  make  an anatomical gift or registered in the
    35  donate life registry, checking "skip this question" or failing to  check
    36  a  box  shall  not  impair that consent or registration. In addition, an
    37  applicant for a commercial driver's license who will operate  a  commer-
    38  cial motor vehicle in interstate commerce shall certify that such appli-
    39  cant  meets  the  requirements to operate a commercial motor vehicle, as
    40  set forth in public law 99-570, title XII, and title 49 of the  code  of
    41  federal  regulations,  and  all  regulations  promulgated  by the United
    42  States secretary of transportation under the hazardous materials  trans-
    43  portation  act.  In  addition,  an  applicant  for a commercial driver's
    44  license shall submit a medical certificate at such intervals as required
    45  by the federal motor carrier safety improvement act  of  1999  and  Part
    46  383.71(h)  of  title  49  of the code of federal regulations relating to
    47  medical certification and in a manner prescribed  by  the  commissioner.
    48  For  purposes  of  this  section  and  sections five hundred three, five
    49  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    50  certificate" and "medical certification" shall mean a form substantially
    51  in compliance with the form set forth in Part 391.43(h) of title  49  of
    52  the code of federal regulations. Upon a determination that the holder of
    53  a commercial driver's license has made any false statement, with respect
    54  to  the application for such license, the commissioner shall revoke such
    55  license.

        A. 6150                             4
 
     1    § 6. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law.  Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to be  made  and
     5  completed on or before such effective date.
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