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S06799 Summary:

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S06799 Floor Votes:

S06799 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6799
 
                    IN SENATE
 
                                     March 22, 2012
                                       ___________
 
        Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  forms  of
          identification cards and licenses of veterans
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Subparagraph (i) of paragraph  (a)  and  paragraph  (b)  of
     2  subdivision  3  of  section 490 of the vehicle and traffic law, subpara-
     3  graph (i) of paragraph (a) as amended by chapter  235  of  the  laws  of
     4  2002,  and  paragraph (b) as amended by chapter 600 of the laws of 1989,
     5  are amended to read as follows:
     6    (i) The commissioner shall upon submission of an appropriate  applica-
     7  tion,  upon payment of the prescribed fee, and upon being satisfied that
     8  the person described is the applicant and that such applicant meets  the
     9  requirements set forth in subdivision two of this section, issue to such
    10  applicant  a  nontransferable  identification  card.    In addition, the
    11  commissioner also shall require that an applicant for an  identification
    12  card  or  renewal thereof provide his or her social security number. The

    13  commissioner shall provide space so that  an  applicant  may  request  a
    14  notation  upon  such  identification card that he or she is a veteran of
    15  the United States armed forces.
    16    (b) The identification card shall contain a distinguishing  number  or
    17  mark and adequate space upon which an anatomical gift, pursuant to arti-
    18  cle  forty-three of the public health law, by the holder may be recorded
    19  and shall contain such other information and shall  be  issued  in  such
    20  form as the commissioner shall determine; provided, however, every iden-
    21  tification  card  or renewal thereof issued to a person under the age of
    22  twenty-one years shall have prominently imprinted thereon the  statement
    23  "UNDER  21  YEARS  OF  AGE"  in  notably  distinctive  print  or format.
    24  Provided, further, however, that every identification card issued to  an

    25  applicant  who was a member of the armed forces of the United States and
    26  received on honorable discharge or was released therefrom  under  honor-
    27  able  conditions  shall, upon his or her request and submission of proof
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14954-01-2
        S. 6799                             2
 
     1  as set forth herein, contain a distinguishing mark, in such form as  the
     2  commissioner  shall  determine,  indicating that he or she is a veteran.
     3  Such proof shall consist of a certificate of release or  discharge  from

     4  active  duty  including  but not limited to a DD Form 214 or other proof
     5  satisfactory to the commissioner. The  commissioner  shall  not  require
     6  fees  for  the issuance of such identification cards or renewals thereof
     7  to persons under twenty-one years of age which are  different  from  the
     8  fees required for the issuance of identification cards or renewals ther-
     9  eof  to  persons  twenty-one  years  of age or over, nor fees to persons
    10  requesting a veteran notation which are different from fees  that  would
    11  otherwise be required.
    12    §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
    13  amended by section 2 of part CC of chapter 58 of the laws  of  2011,  is
    14  amended to read as follows:
    15    1.  Application for license.  Application for a driver's license shall

    16  be made to the commissioner.  The fee prescribed by law may be submitted
    17  with such application. The applicant shall furnish such proof of identi-
    18  ty, age, and fitness as may be required by the commissioner. The commis-
    19  sioner may also provide that the application procedure shall include the
    20  taking of a photo image or images of the applicant  in  accordance  with
    21  rules  and  regulations prescribed by the commissioner. In addition, the
    22  commissioner also shall require that the applicant provide  his  or  her
    23  social  security number and provide space on the application so that the
    24  applicant may register in the New York  state  organ  and  tissue  donor
    25  registry under section forty-three hundred ten of the public health law,
    26  and space so that the applicant may request a notation upon such license

    27  that  he or she is a veteran of the United States armed forces. In addi-
    28  tion, an applicant for a commercial driver's license who will operate  a
    29  commercial  motor vehicle in interstate commerce shall certify that such
    30  applicant meets the requirements to operate a commercial motor  vehicle,
    31  as  set  forth in public law 99-570, title XII, and title 49 of the code
    32  of federal regulations, and all regulations promulgated  by  the  United
    33  States  secretary of transportation under the hazardous materials trans-
    34  portation act. In addition,  an  applicant  for  a  commercial  driver's
    35  license shall submit a medical certificate at such intervals as required
    36  by  the  federal  motor  carrier safety improvement act of 1999 and Part
    37  383.71(h) of title 49 of the code of  federal  regulations  relating  to
    38  medical  certification  and  in a manner prescribed by the commissioner.

    39  For purposes of this section and sections five hundred  three  and  five
    40  hundred ten-a of this title, the term "medical certificate" shall mean a
    41  form  substantially  in  compliance  with  the  form  set  forth in Part
    42  391.43(h) of title 49 of the code of federal regulations. Upon a  deter-
    43  mination  that  the holder of a commercial driver's license has made any
    44  false statement, with respect to the application for such  license,  the
    45  commissioner shall revoke such license.
    46    §  3.  Subdivision  1 of section 504 of the vehicle and traffic law is
    47  amended by adding a new paragraph (a-1) to read as follows:
    48    (a-1) Every license or renewal thereof issued to an applicant who  was
    49  a member of the armed forces of the United States and received an honor-
    50  able  discharge  or  was  released  therefrom under honorable conditions

    51  shall, upon his or her request and submission  of  proof  as  set  forth
    52  herein,  contain a distinguishing mark, in such form as the commissioner
    53  shall determine, indicating that he or she is a  veteran.    Such  proof
    54  shall  consist of a certificate of release or discharge from active duty
    55  including but not limited to a DD Form 214 or other  proof  satisfactory
    56  to  the  commissioner.  The  commissioner shall not require fees for the
        S. 6799                             3
 
     1  issuance of such licenses or renewals thereof to  persons  requesting  a
     2  veteran notation which is different from fees otherwise required.
     3    §  4. This act shall take effect one year after it shall have become a
     4  law.