STATE OF NEW YORK
________________________________________________________________________
5145
2023-2024 Regular Sessions
IN ASSEMBLY
March 2, 2023
___________
Introduced by M. of A. GRAY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the issue of
non-commercial drivers' licenses and learners' permits in counties
which contain in whole or in part boundary land; 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. Section 201 of the vehicle and traffic law is amended by
2 adding a new subdivision 13 to read as follows:
3 13. Notwithstanding any other provision of law to the contrary, subdi-
4 visions eight, nine, ten, eleven, and twelve of this section shall not
5 apply to counties which contain in whole or in part boundary land
6 defined in section five of the state law.
7 § 2. Subdivision 1 of section 502 of the vehicle and traffic law is
8 REPEALED and a new subdivision 1 is added to read as follows:
9 1. Application for license. Application for a driver's license shall
10 be made to the commissioner. The fee prescribed by law may be submitted
11 with such application. The applicant shall furnish such proof of identi-
12 ty, age, and fitness as may be required by the commissioner. With
13 respect to a non-commercial driver's license or learner's permit which
14 does not meet federal standards for identification, in addition to the
15 acceptable proofs of age and identity approved by the commissioner as
16 of January first, two thousand nineteen, acceptable proof of identity
17 shall, in counties other than those which contain in whole or in part
18 boundary land defined in section five of the state law, also include,
19 but not be limited to, a valid, unexpired foreign passport issued by the
20 applicant's country of citizenship (which shall also be eligible as
21 proof of age), a valid, unexpired consular identification document
22 issued by a consulate from the applicant's country of citizenship, or a
23 valid foreign driver's license that includes a photo image of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06230-01-3
A. 5145 2
1 applicant and which is unexpired or expired for less than twenty-four
2 months of its date of expiration, as primary forms of such proof. Noth-
3 ing contained in this subdivision shall be deemed to preclude the
4 commissioner from approving additional proofs of identity and age. The
5 license shall display the sex designation of M, F, or X as certified by
6 the applicant, with no additional documentation required. The applicant
7 may amend the sex designation of their driver's license upon request.
8 Upon amendment of the sex designation, the change shall be made consist-
9 ent through all affiliated records within the control of the department.
10 The commissioner may also provide that the application procedure shall
11 include the taking of a photo image or images of the applicant in
12 accordance with rules and regulations prescribed by the commissioner. In
13 addition, the commissioner also shall require that the applicant provide
14 such applicant's social security number or, in lieu thereof in counties
15 other than those which contain in whole or in part boundary land defined
16 in section five of the state law, with respect to an application for a
17 non-commercial driver's license or learner's permit which does not meet
18 federal standards for identification, an affidavit signed by such appli-
19 cant that they have not been issued a social security number. The
20 commissioner also shall provide space on the application so that the
21 applicant may request a notation upon such license that such applicant
22 is a veteran of the United States armed forces. The commissioner also
23 shall provide space on the application so that the applicant may request
24 a notation upon such license that such applicant is a veteran of the
25 United States armed forces; and space on the application so that the
26 applicant may register in the New York state organ and tissue donor
27 registry under section forty-three hundred ten of the public health law
28 with the following stated on the application in clear and conspicuous
29 type:
30 "You must fill out the following section: Would you like to be added
31 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
32 tion'."
33 The commissioner of health shall not maintain records of any person
34 who checks "skip this question". Except where the application is made
35 in person or electronically, failure to check a box shall not impair the
36 validity of an application, and failure to check "yes" or checking "skip
37 this question" shall not be construed to imply a wish not to donate. In
38 the case of an applicant under eighteen years of age, checking "yes"
39 shall not constitute consent to make an anatomical gift or registration
40 in the donate life registry, except as otherwise provided pursuant to
41 the provisions of paragraph (b) of subdivision one of section forty-
42 three hundred one of the public health law. Where an applicant has
43 previously consented to make an anatomical gift or registered in the
44 donate life registry, checking "skip this question" or failing to check
45 a box shall not impair that consent or registration. In addition, an
46 applicant for a commercial driver's license who will operate a commer-
47 cial motor vehicle in interstate commerce shall certify that such
48 applicant meets the requirements to operate a commercial motor vehicle,
49 as set forth in public law 99-570, title XII, and title 49 of the code
50 of federal regulations, and all regulations promulgated by the United
51 States secretary of transportation under the hazardous materials trans-
52 portation act. In addition, an applicant for a commercial driver's
53 license shall submit a medical certificate at such intervals as required
54 by the federal motor carrier safety improvement act of 1999 and Part
55 383.71(h) of title 49 of the code of federal regulations relating to
56 medical certification and in a manner prescribed by the commissioner.
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1 For purposes of this section and sections five hundred three, five
2 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
3 certificate" and "medical certification" shall mean a form substantial-
4 ly in compliance with the form set forth in Part 391.43(h) of title 49
5 of the code of federal regulations. Upon a determination that the hold-
6 er of a commercial driver's license has made any false statement, with
7 respect to the application for such license, the commissioner shall
8 revoke such license.
9 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
10 traffic law, as amended by chapter 37 of the laws of 2019, is amended to
11 read as follows:
12 (a) A license issued pursuant to subdivision five of this section
13 shall be valid until the expiration date contained thereon, unless such
14 license is suspended, revoked or cancelled. Such license may be renewed
15 by submission of an application for renewal, the fee prescribed by law,
16 proofs of prior licensing, fitness and acceptable vision prescribed by
17 the commissioner, the applicant's social security number or, in lieu
18 thereof in counties other than those which contain in whole or in part
19 boundary land defined in section five of the state law, with respect to
20 an application for a non-commercial driver's license or learner's permit
21 which does not meet federal standards for identification, an affidavit
22 signed by such applicant that they have not been issued a social securi-
23 ty number, and if required by the commissioner, a photo image of the
24 applicant in such numbers and form as the commissioner shall prescribe.
25 In addition, an applicant for renewal of a license containing a hazard-
26 ous material endorsement shall pass an examination to retain such
27 endorsement. The commissioner shall, with respect to the renewal of a
28 hazardous materials endorsement, comply with the requirements imposed
29 upon states by sections 383.141 and 1572.13 of title 49 of the code of
30 federal regulations. A renewal of such license shall be issued by the
31 commissioner upon approval of such application, except that no such
32 license shall be issued if its issuance would be inconsistent with the
33 provisions of section five hundred sixteen of this title, and except
34 that the commissioner may refuse to renew such license if the applicant
35 is the holder of a currently valid or renewable license to drive issued
36 by another state or foreign country unless the applicant surrenders such
37 license.
38 § 4. Subdivision 8 of section 502 of the vehicle and traffic law is
39 amended by adding a new paragraph (f) to read as follows:
40 (f) This subdivision shall not apply to counties which contain in
41 whole or in part boundary land defined in section five of the state law.
42 § 5. Subdivision 3 of section 508 of the vehicle and traffic law, as
43 amended by chapter 37 of the laws of 2019, is amended to read as
44 follows:
45 3. License record. The commissioner shall keep a record of every
46 license issued which record shall be open to public inspection during
47 reasonable business hours. Provided, however, in counties other than
48 those which contain in whole or in part boundary land defined in section
49 five of the state law, that the following information whenever contained
50 within the record of non-commercial drivers' licenses and learners'
51 permits shall not be open to public inspection: the photo image, social
52 security number, client identification number, name, address, telephone
53 number, place of birth, country of origin, place of employment, school
54 or educational institution attended, source of income, status as a
55 recipient of public benefits, the customer identification number associ-
56 ated with a public utilities account, medical information or disability
A. 5145 4
1 information of any holders of, or applicants for, such licenses and
2 permits, and whether such licenses or permits meet federal standards for
3 identification or do not meet federal standards for identification.
4 Neither the commissioner nor his agent shall be required to allow the
5 inspection of an application, or to furnish a copy thereof, or informa-
6 tion therefrom, until a license has been issued thereon.
7 § 6. This act shall take effect immediately.
