Rpld §502 sub 1, amd §§501 & 502, V & T L; amd §5-212, El L
Implements driving privilege licenses for applicants with alternative forms of identification and requires a social security number to register to vote on an application for a motor vehicle driver's license.
STATE OF NEW YORK
________________________________________________________________________
7034
2021-2022 Regular Sessions
IN ASSEMBLY
April 21, 2021
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee 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; and to repeal certain provisions of
the vehicle and traffic law related thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 501 of the vehicle and traffic law is amended by
2 adding a new subdivision 7 to read as follows:
3 7. Driving privilege licenses. (a) The commissioner shall issue driv-
4 ing privilege licenses as provided in this article. Such license shall
5 be valid only for the operation of a motor vehicle of a type which could
6 be operated by the holder of the class of license for which application
7 is being made, provided, however that no driving privilege license shall
8 be issued which would be equivalent to a commercial driver's license.
9 (b) (i) No governmental entity shall accept a driving privilege
10 license as proof of personal identification.
11 (ii) No driving privilege license shall be used as a document provid-
12 ing proof of a person's age for any government required purpose.
13 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
14 amended by chapter 487 of the laws of 2012, is REPEALED.
15 § 3. Subdivision 1 of section 502 of the vehicle and traffic law, as
16 amended by chapter 37 of the laws of 2019, is amended to read as
17 follows:
18 1. Application for license. Application for a driver's license shall
19 be made to the commissioner. The fee prescribed by law may be submitted
20 with such application. The applicant shall furnish such proof of identi-
21 ty, age, and fitness as may be required by the commissioner. With
22 respect to a [non-commercial driver's] driving privilege license or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09349-01-1
A. 7034 2
1 learner's permit which does not meet federal standards for identifica-
2 tion, in addition to the acceptable proofs of age and identity approved
3 by the commissioner as of January first, two thousand nineteen, accepta-
4 ble proof of identity shall also include, but not be limited to, a
5 valid, unexpired foreign passport issued by the applicant's country of
6 citizenship (which shall also be eligible as proof of age), a valid,
7 unexpired consular identification document issued by a consulate from
8 the applicant's country of citizenship, or a valid foreign driver's
9 license that includes a photo image of the applicant and which is unex-
10 pired or expired for less than twenty-four months of its date of expira-
11 tion, as primary forms of such proof. Nothing contained in this subdivi-
12 sion shall be deemed to preclude the commissioner from approving
13 additional proofs of identity and age. The commissioner may also
14 provide that the application procedure shall include the taking of a
15 photo image or images of the applicant in accordance with rules and
16 regulations prescribed by the commissioner. In addition, the commission-
17 er also shall require that the applicant provide his or her social secu-
18 rity number or, in lieu thereof, with respect to an application for a
19 [non-commercial driver's] driving privilege license or learner's permit
20 which does not meet federal standards for identification, an affidavit
21 signed by such applicant that they have not been issued a social securi-
22 ty number. The commissioner also shall provide space so that the appli-
23 cant may request a notation upon such license that the applicant is a
24 veteran of the United States armed forces, and shall provide space on
25 the application so that the applicant may register in the New York state
26 organ and tissue donor registry under section forty-three hundred ten of
27 the public health law with the following stated on the application in
28 clear and conspicuous type:
29 "You must fill out the following section: Would you like to be added
30 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
31 tion'."
32 The commissioner of health shall not maintain records of any person
33 who checks "skip this question". Except where the application is made in
34 person or electronically, failure to check a box shall not impair the
35 validity of an application, and failure to check "yes" or checking "skip
36 this question" shall not be construed to imply a wish not to donate. In
37 the case of an applicant under eighteen years of age, checking "yes"
38 shall not constitute consent to make an anatomical gift or registration
39 in the donate life registry, except as otherwise provided pursuant to
40 the provisions of paragraph (b) of subdivision one of section forty-
41 three hundred one of the public health law. Where an applicant has
42 previously consented to make an anatomical gift or registered in the
43 donate life registry, checking "skip this question" or failing to check
44 a box shall not impair that consent or registration. In addition, an
45 applicant for a commercial driver's license who will operate a commer-
46 cial motor vehicle in interstate commerce shall certify that such appli-
47 cant meets the requirements to operate a commercial motor vehicle, as
48 set forth in public law 99-570, title XII, and title 49 of the code of
49 federal regulations, and all regulations promulgated by the United
50 States secretary of transportation under the hazardous materials trans-
51 portation act. In addition, an applicant for a commercial driver's
52 license shall submit a medical certificate at such intervals as required
53 by the federal motor carrier safety improvement act of 1999 and Part
54 383.71(h) of title 49 of the code of federal regulations relating to
55 medical certification and in a manner prescribed by the commissioner.
56 For purposes of this section and sections five hundred three, five
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1 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
2 certificate" and "medical certification" shall mean a form substantially
3 in compliance with the form set forth in Part 391.43(h) of title 49 of
4 the code of federal regulations. Upon a determination that the holder of
5 a commercial driver's license has made any false statement, with respect
6 to the application for such license, the commissioner shall revoke such
7 license.
8 § 4. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
9 traffic law, as amended by chapter 37 of the laws of 2019, is amended to
10 read as follows:
11 (a) A license issued pursuant to subdivision five of this section
12 shall be valid until the expiration date contained thereon, unless such
13 license is suspended, revoked or cancelled. Such license may be renewed
14 by submission of an application for renewal, the fee prescribed by law,
15 proofs of prior licensing, fitness and acceptable vision prescribed by
16 the commissioner, the applicant's social security number or, in lieu
17 thereof, with respect to an application for a [non-commercial driver's]
18 driving privilege license or learner's permit which does not meet feder-
19 al standards for identification, an affidavit signed by such applicant
20 that they have not been issued a social security number, and if required
21 by the commissioner, a photo image of the applicant in such numbers and
22 form as the commissioner shall prescribe. In addition, an applicant for
23 renewal of a license containing a hazardous material endorsement shall
24 pass an examination to retain such endorsement. The commissioner shall,
25 with respect to the renewal of a hazardous materials endorsement, comply
26 with the requirements imposed upon states by sections 383.141 and
27 1572.13 of title 49 of the code of federal regulations. A renewal of
28 such license shall be issued by the commissioner upon approval of such
29 application, except that no such license shall be issued if its issuance
30 would be inconsistent with the provisions of section five hundred
31 sixteen of this title, and except that the commissioner may refuse to
32 renew such license if the applicant is the holder of a currently valid
33 or renewable license to drive issued by another state or foreign country
34 unless the applicant surrenders such license.
35 § 5. Subdivision 8 of section 502 of the vehicle and traffic law, as
36 added by chapter 37 of the laws of 2019, is amended to read as follows:
37 8. Non-commercial drivers' licenses and learners' permits which do not
38 meet federal standards for identification. [(a)] Non-commercial drivers'
39 licenses and learners' permits which do not meet federal standards for
40 identification shall be issued in such form as the commissioner shall
41 determine, provided that such licenses and permits shall be visually
42 identical to non-commercial drivers' licenses and learners' permits
43 which do meet federal standards for identification except that such
44 licenses and permits may state "Not for Federal Purposes". Provided,
45 however, that the commissioner may promulgate regulations providing for
46 additional design or color indicators for both such non-commercial driv-
47 ers' licenses and learners' permits if required to comply with federal
48 law.
49 8-a. Driving privilege licenses and learners' permits applied for with
50 alternative forms of identification. (a) Driving privilege licenses and
51 learners' permits applied for with alternative forms of identification
52 shall be issued in such form as the commissioner shall determine,
53 provided that such licenses and permits shall be visually distinct to
54 non-commercial drivers' licenses and learners' permits which do meet
55 federal standards for identification including, but not limited to, that
56 such licenses and permits shall state a phrase substantially similar to
A. 7034 4
1 "FOR DRIVING PRIVILEGES ONLY - NOT VALID FOR IDENTIFICATION". Provided,
2 however, that the commissioner may promulgate regulations providing for
3 additional design or color indicators for driving privilege licenses and
4 learners' permits applied for with alternative forms of identification
5 if required to comply with federal law. As used in this section "alter-
6 native forms of identification" shall mean a valid, unexpired foreign
7 passport issued by an applicant's country of citizenship (which shall
8 also be eligible as proof of age), a valid, unexpired consular identifi-
9 cation document issued by a consulate from the applicant's country of
10 citizenship, or a valid foreign driver's license that includes a photo
11 image of the applicant and which is unexpired or expired for less than
12 twenty-four months of its date of expiration.
13 (b) Applicants for a [non-commercial driver's] driving privilege
14 license or learner's permit applied for with alternative forms of iden-
15 tification or a renewal thereof shall not be required to prove that they
16 are lawfully present in the United States.
17 (c) Application forms for [non-commercial drivers'] driving privilege
18 licenses and learners' permits [which do not meet federal standards for]
19 applied for with alternative forms of identification or for renewal
20 thereof shall not state (i) the documents an applicant used to prove age
21 or identity, or (ii) an applicant's ineligibility for a social security
22 number where applicable, or (iii) an applicant's citizenship or immi-
23 gration status.
24 (d) The commissioner and any agent or employee of the commissioner
25 shall not retain the documents or copies of documents presented by
26 applicants for [non-commercial drivers'] driving privilege licenses or
27 learners' permits [which do not meet federal standards for] applied for
28 with alternative forms of identification to prove age or identity except
29 for a limited period necessary to ensure the validity and authenticity
30 of such documents.
31 (e) (i) A [non-commercial driver's] driving privilege license or
32 learner's permit [which does not meet federal standards for] applied for
33 with alternative forms of identification shall not be used as evidence
34 of a person's citizenship or immigration status, and shall not be the
35 basis for investigating, arresting, or detaining a person. (ii) Neither
36 the commissioner nor any agent or employee of the commissioner shall
37 inquire about the citizenship or immigration status of any applicant for
38 a [non-commercial driver's] driving privilege license or learner's
39 permit [which does not meet federal standards for] applied for with
40 alternative forms of identification.
41 § 6. Subdivision 3 of section 5-212 of the election law, as added by
42 chapter 659 of the laws of 1994, is amended to read as follows:
43 3. The voter registration portion of such forms:
44 (a) shall not require any information that duplicates the information
45 required on the application for the driver license portion and shall
46 require only such additional information, including the applicant's
47 signature, as will enable election officials to assess the applicant's
48 eligibility to register to vote, prevent duplicate registration and to
49 administer voter registration and other parts of the election process.
50 (b) shall include a statement of the eligibility requirements for
51 voter registration and shall require the applicant to attest by his or
52 her signature that he or she meets those requirements under penalty of
53 perjury.
54 (c) shall inform the applicant, in print identical to that used in the
55 attestation section of the following:
56 (i) voter eligibility requirements;
A. 7034 5
1 (ii) penalties for submission of false registration application;
2 (iii) that the office where applicant registers shall remain confiden-
3 tial and the information be used only for voter registration purposes;
4 (iv) if the applicant declines to register, his or her declination
5 shall remain confidential and be used only for voter registration
6 purposes[;].
7 (d) notwithstanding any provision of law to the contrary, shall
8 require the applicant to provide his or her social security number.
9 § 7. This act shall take effect immediately.
