Relates to the issuance of driver's licenses and emergency medical personnel designation; allows the use of alternate forms of identification where an applicant for a driver's license does not have a social security number or Individual Tax Identification Number.
STATE OF NEW YORK
________________________________________________________________________
6188
2025-2026 Regular Sessions
IN SENATE
March 6, 2025
___________
Introduced by Sens. PARKER, HOYLMAN-SIGAL, SEPULVEDA, SERRANO -- 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 the issuance
of driver's licenses and emergency medical personnel designation; and
to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 502 of the vehicle and traffic
2 law is REPEALED and a new subdivision 1 is added to read as follows:
3 1. Application for license. Application for a driver's license shall
4 be made to the commissioner. The fee prescribed by law may be submitted
5 with such application. The applicant shall furnish such proof of identi-
6 ty, age, and fitness as may be required by the commissioner. Acceptable
7 proof of identity shall include, but not be limited to foreign passports
8 (visa stamps are not required), valid documentation issued by USCIS and
9 consular identification documents. Eligibility for a driver's license
10 shall not be conditioned on a particular immigration status. The commis-
11 sioner may also provide that the application procedure shall include the
12 taking of a photo image or images of the applicant in accordance with
13 rules and regulations prescribed by the commissioner. In addition, the
14 commissioner also shall require that the applicant provide their social
15 security number where such applicant is a legal immigrant, or individual
16 taxpayer identification number (ITIN) or a letter or form from the
17 United States social security administration that states that the appli-
18 cant is not eligible or submit a sworn statement under the penalty of
19 perjury, stating that the applicant does not have a social security
20 number or ITIN, and shall provide space on the application so that the
21 applicant may register in the New York state organ and tissue donor
22 registry under section forty-three hundred ten of the public health law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10597-01-5
S. 6188 2
1 with the following stated on the application in clear and conspicuous
2 type:
3 "You must fill out the following section: Would you like to be added
4 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
5 tion'."
6 The commissioner of the department of health shall not maintain
7 records of any person who checks "skip this question". Failure to check
8 a box shall not impair the validity of an application, and failure to
9 check "yes" or checking "skip this question" shall not be construed to
10 imply a wish not to donate. In the case of an applicant under eighteen
11 years of age, checking "yes" shall not constitute consent to make an
12 anatomical gift or registration in the donate life registry. Where an
13 applicant has previously consented to make an anatomical gift or regis-
14 tered in the donate life registry, checking "skip this question" or
15 failing to check a box shall not impair that consent or registration. In
16 addition, the commissioner also shall require that space shall be
17 provided on the application so that the applicant may request a notation
18 upon such license that such applicant is a veteran of the United States
19 armed forces and space so that the applicant may request a notation upon
20 such license that they are emergency medical personnel. In addition, an
21 applicant for a commercial driver's license who will operate a commer-
22 cial motor vehicle in interstate commerce shall certify that such appli-
23 cant meets the requirements to operate a commercial motor vehicle, as
24 set forth in public law 99-570, title XII, and title 49 of the code of
25 federal regulations, and all regulations promulgated by the United
26 States secretary of transportation under the hazardous materials trans-
27 portation act. In addition, an applicant for a commercial driver's
28 license shall submit a medical certificate at such intervals as required
29 by the federal motor carrier safety improvement act of 1999 and Part
30 383.71(h) of title 49 of the code of federal regulations relating to
31 medical certification and in a manner prescribed by the commissioner.
32 For purposes of this section and sections five hundred three, five
33 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
34 certificate" and "medical certification" shall mean a form substantially
35 in compliance with the form set forth in Part 391.43(h) of title 49 of
36 the code of federal regulations. Upon a determination that the holder of
37 a commercial driver's license has made any false statement, with respect
38 to the application for such license, the commissioner shall revoke such
39 license.
40 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
41 added by section one of this act, is amended to read as follows:
42 1. Application for license. Application for a driver's license shall
43 be made to the commissioner. The fee prescribed by law may be submitted
44 with such application. The applicant shall furnish such proof of identi-
45 ty, age, and fitness as may be required by the commissioner. Acceptable
46 proof of identity shall include, but not be limited to foreign passports
47 (visa stamps are not required), valid documentation issued by USCIS and
48 consular identification documents. Eligibility for a driver's license
49 shall not be conditioned on a particular immigration status. The
50 commissioner may also provide that the application procedure shall
51 include the taking of a photo image or images of the applicant in
52 accordance with rules and regulations prescribed by the commissioner. In
53 addition, the commissioner also shall require that the applicant provide
54 [their] such applicant's social security number where such applicant is
55 a legal immigrant, or individual taxpayer identification number (ITIN)
56 or a letter or form from the United States social security adminis-
S. 6188 3
1 tration that states that the applicant is not eligible or submit a sworn
2 statement under the penalty of perjury, stating that the applicant does
3 not have a social security number or ITIN, and [shall] provide space on
4 the application so that the applicant may register in the New York state
5 organ and tissue donor registry under section forty-three hundred ten of
6 the public health law [with the following stated on the application in
7 clear and conspicuous type:
8 "You must fill out the following section: Would you like to be added
9 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
10 tion'."
11 The commissioner of the department of health shall not maintain
12 records of any person who checks "skip this question". Failure to check
13 a box shall not impair the validity of an application, and failure to
14 check "yes" or checking "skip this question" shall not be construed to
15 imply a wish not to donate. In the case of an applicant under eighteen
16 years of age, checking "yes" shall not constitute consent to make an
17 anatomical gift or registration in the donate life registry. When an
18 applicant has previously consented to make an anatomical gift or regis-
19 tered in the donate life registry, checking "skip this question" or
20 failing to check a box shall not impair that consent or registration].
21 In addition, the commissioner also shall require that space shall be
22 provided on the application so that the applicant may request a notation
23 upon such license that such applicant is a veteran of the United States
24 armed forces and space so that the applicant may request a notation upon
25 such license that they are emergency medical personnel. In addition, an
26 applicant for a commercial driver's license who will operate a commer-
27 cial motor vehicle in interstate commerce shall certify that such appli-
28 cant meets the requirements to operate a commercial motor vehicle, as
29 set forth in public law 99-570, title XII, and title 49 of the code of
30 federal regulations, and all regulations promulgated by the United
31 States secretary of transportation under the hazardous materials trans-
32 portation act. In addition, an applicant for a commercial driver's
33 license shall submit a medical certificate at such intervals as required
34 by the federal motor carrier safety improvement act of 1999 and Part
35 383.71(h) of title 49 of the code of federal regulations relating to
36 medical certification and in a manner prescribed by the commissioner.
37 For purposes of this section and sections five hundred three, five
38 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
39 certificate" and "medical certification" shall mean a form substantially
40 in compliance with the form set forth in Part 391.43(h) of title 49 of
41 the code of federal regulations. Upon a determination that the holder of
42 a commercial driver's license has made any false statement, with respect
43 to the application for such license, the commissioner shall revoke such
44 license.
45 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
46 traffic law, as amended by chapter 37 of the laws of 2019, is amended to
47 read as follows:
48 (a) A license issued pursuant to subdivision five of this section
49 shall be valid until the expiration date contained thereon, unless such
50 license is suspended, revoked or cancelled. Such license may be renewed
51 by submission of an application for renewal, the fee prescribed by law,
52 proofs of prior licensing, fitness and acceptable vision prescribed by
53 the commissioner, the applicant's social security number or, in lieu
54 thereof, with respect to an application for a non-commercial driver's
55 license or learner's permit which does not meet federal standards for
56 identification, an affidavit signed by such applicant that they have not
S. 6188 4
1 been issued a social security number, or individual taxpayer identifica-
2 tion number (ITIN) or a letter or form from the United States social
3 security administration that states that the applicant is not eligible
4 or submit a sworn statement under the penalty of perjury, stating that
5 the applicant does not have a social security number or ITIN, and if
6 required by the commissioner, a photo image of the applicant in such
7 numbers and form as the commissioner shall prescribe. In addition, an
8 applicant for renewal of a license containing a hazardous material
9 endorsement shall pass an examination to retain such endorsement. The
10 commissioner shall, with respect to the renewal of a hazardous materials
11 endorsement, comply with the requirements imposed upon states by
12 sections 383.141 and 1572.13 of title 49 of the code of federal regu-
13 lations. A renewal of such license shall be issued by the commissioner
14 upon approval of such application, except that no such license shall be
15 issued if its issuance would be inconsistent with the provisions of
16 section five hundred sixteen of this title, and except that the commis-
17 sioner may refuse to renew such license if the applicant is the holder
18 of a currently valid or renewable license to drive issued by another
19 state or foreign country unless the applicant surrenders such license.
20 § 4. Subdivision 1 of section 504 of the vehicle and traffic law is
21 amended by adding a new paragraph (a-2) to read as follows:
22 (a-2) Every license or renewal thereof issued to an applicant who is
23 an emergency medical personnel, upon such applicant's request and
24 submission of proof as set forth herein, contain a distinguishing mark,
25 in such form as the commissioner shall determine, indicating that such
26 applicant is an emergency medical personnel. Such proof shall consist of
27 any proof satisfactory to the commissioner. The commissioner shall not
28 require fees for the issuance of such licenses or renewals thereof to
29 persons requesting an emergency medical personnel notation which is
30 different from fees otherwise required.
31 § 5. This act shall take effect on the one hundred twentieth day after
32 it shall have become a law; provided, however, that section two of this
33 act shall take effect October 3, 2027.
