senate Bill S6411B

Enables veterans to receive benefit information upon applying for or renewing a driver's license

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Feb / 2012
    • REFERRED TO TRANSPORTATION
  • 23 / Feb / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 23 / Feb / 2012
    • PRINT NUMBER 6411A
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1104
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING 6411B
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Enables veterans to receive benefit information upon applying for or renewing a driver's license.

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Bill Details

See Assembly Version of this Bill:
A10750
Versions:
S6411
S6411A
S6411B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§502, 490 & 508, V & T L; amd §353, Exec L

Sponsor Memo

BILL NUMBER:S6411B

TITLE OF BILL:
An act
to amend
the vehicle and traffic law and the executive law, in relation to
enabling veterans to receive benefit information upon applying for or
renewing a driver's license

PURPOSE OR GENERAL IDEA OF BILL:
Enables veterans to receive benefit information upon applying for or
renewing a driver's license.

SUMMARY OF SPECIFIC PROVISIONS:
Section 502 of the vehicle and traffic law is amended to ensure the
Commissioner of Motor Vehicles of NYS provides a space on the
application for a driver's license to enable any applicant who is a
veteran of the military or naval service of the United States to
register to receive information from the division of veterans'
affairs by email or telephone regarding benefits to which such
applicant may be entitled.

Section 502 of the VTL is amended to ensure the Commissioner of Motor
Vehicles of NYS provides a space on the application for the renewal
of a driver's license to enable any applicant who is a veteran of the
military or naval service of the United States to register to receive
information from the division of veterans' affairs by email or
telephone regarding benefits to which such applicant may be entitled.

Section 508 of the VTL is amended ensure the Commissioner of Motor
Vehicles appoints agents to collect, store and make available to the
division of veterans' affairs the name and contact information of a
veteran applicant who requests to receive benefit information from
the division of veteran affairs.

Section 353 of the executive law referencing the general functions,
powers and duties of the division of veteran affairs is amended to
include coordinating with the department of motor vehicles to
retrieve the name and veterans who are applying for or renewing their
driver's licenses and who request to be contacted by the division via
email, telephone, or mail.

Section 490 of the vehicle and traffic law is amended to ensure the
Commissioner of Motor Vehicles of NYS provides a space on the
application for a non-driver identification card to enable any
applicant who is a veteran of the military or naval service of the
United States to register to receive information from the division of
veterans' affairs by email or telephone regarding benefits to which
such applicant may be entitled.

JUSTIFICATION:
This legislation would allow veterans to voluntarily identify their
veteran status when applying for or renewing their driver's license.
At no cost to taxpayers, Vets Connect utilizes the DMV as an intake
point to gather information on veterans not currently in the state
system. The department of motor vehicles collects, stores, and makes


this information available to the division of veteran affairs which
would provide information about the benefits to which they may be
entitled.

NYS Department of Motor Vehicles would work with the Division of
Veteran Affairs to share information to relay benefit updates for the
veterans. The information gathering would happen when veterans go to
apply for or renew their drivers license. By checking a box on the
application indicating they are a veteran of naval forces or military
they are also giving the department of motor vehicles permission to
share information with the division of veteran affairs and have
information distributed to him or her via email, telephone, and mail.

FISCAL IMPLICATIONS:
Negligible.

EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to subdivision 1 of section 502 of the vehicle and traffic
law made by section two of this act shall take effect on the same
date and in the same manner as section 2 of part CC of chapter 58 of
the laws of 2011, takes effect when upon such date the provisions of
section one of this act shall be deemed repealed.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6411--B
    Cal. No. 1104

                            I N  S E N A T E

                            February 6, 2012
                               ___________

Introduced  by  Sens.  RIVERA,  DIAZ, DILAN, GIANARIS, HASSELL-THOMPSON,
  KENNEDY, LARKIN -- read twice and ordered printed, and when printed to
  be  committed  to  the  Committee  on  Transportation   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend the vehicle and traffic law and the executive law, in
  relation to enabling veterans  to  receive  benefit  information  upon
  applying for or renewing a driver's license

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 502 of  the  vehicle  and  traffic
law,  as  amended  by  section  1 of part D of chapter 58 of the laws of
2012, is amended to read as follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  in  the  New York state organ and tissue donor
registry under section forty-three hundred ten of the public health law.
IN ADDITION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE
APPLICATION TO ENABLE ANY APPLICANT WHO HAS SERVED IN THE  ARMED  FORCES
OF  THE  UNITED  STATES FOR ANY DURATION OF TIME, TO REGISTER TO RECEIVE
INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL OR TELEPHONE
REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT  THE
FOLLOWING  IS  STATED  ON  THE  APPLICATION:  "BY CHECKING THIS BOX, YOU
CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE UNITED STATES AND YOU
GIVE PERMISSION TO THE DEPARTMENT OF MOTOR VEHICLES TO SHARE  YOUR  NAME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13564-08-2

S. 6411--B                          2

AND CONTACT INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE
THE DIVISION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR
MAIL  REGARDING  BENEFITS TO WHICH YOU MAY BE ENTITLED". In addition, an
applicant  for  a commercial driver's license who will operate a commer-
cial motor vehicle in interstate commerce shall certify that such appli-
cant meets the requirements to operate a commercial  motor  vehicle,  as
set  forth  in public law 99-570, title XII, and title 49 of the code of
federal regulations, and  all  regulations  promulgated  by  the  United
States  secretary of transportation under the hazardous materials trans-
portation act. In addition,  an  applicant  for  a  commercial  driver's
license shall submit a medical certificate at such intervals as required
by  the  federal  motor  carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
medical  certification  and  in a manner prescribed by the commissioner.
For purposes of this section  and  sections  five  hundred  three,  five
hundred ten-a, and five hundred ten-aa of this title, the terms "medical
certificate" and "medical certification" shall mean a form substantially
in  compliance  with the form set forth in Part 391.43(h) of title 49 of
the code of federal regulations. Upon a determination that the holder of
a commercial driver's license has made any false statement, with respect
to the application for such license, the commissioner shall revoke  such
license.
  S  2. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by section 3 of part K of chapter 59 of the laws
of 2009, is amended to read as follows:
  (a) A license issued pursuant to  subdivision  five  of  this  section
shall  be valid until the expiration date contained thereon, unless such
license is suspended, revoked or cancelled. Such license may be  renewed
by  submission of an application for renewal, the fee prescribed by law,
proofs of prior licensing, fitness and acceptable vision  prescribed  by
the  commissioner,  the  applicant's  social  security  number,  and  if
required by the commissioner a photo image  of  the  applicant  in  such
numbers  and form as the commissioner shall prescribe.  IN ADDITION, THE
COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION  FOR
RENEWAL  TO  ENABLE  ANY APPLICANT WHO HAS SERVED IN THE ARMED FORCES OF
THE UNITED STATES TO REGISTER TO RECEIVE INFORMATION FROM  THE  DIVISION
OF  VETERANS'  AFFAIRS BY EMAIL OR TELEPHONE REGARDING BENEFITS TO WHICH
SUCH APPLICANT MAY BE ENTITLED AND THAT THE FOLLOWING IS STATED  ON  THE
APPLICATION  FOR  RENEWAL:  "BY  CHECKING THIS BOX, YOU CERTIFY THAT YOU
SERVED IN THE ARMED FORCES OF THE UNITED STATES AND YOU GIVE  PERMISSION
TO  THE  DEPARTMENT  OF  MOTOR  VEHICLES  TO SHARE YOUR NAME AND CONTACT
INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE  THE  DIVI-
SION  OF  VETERANS'  AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL
REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED". In addition, an appli-
cant for renewal of a license containing a hazardous  material  endorse-
ment  shall  pass an examination to retain such endorsement. The commis-
sioner shall, with respect to  the  renewal  of  a  hazardous  materials
endorsement,  comply  with  the  requirements  imposed  upon  states  by
sections 383.141 and 1572.13 of title 49 of the code  of  federal  regu-
lations.  A  renewal of such license shall be issued by the commissioner
upon approval of such application, except that no such license shall  be
issued  if  its  issuance  would  be inconsistent with the provisions of
section five hundred sixteen of this title, and except that the  commis-
sioner  may  refuse to renew such license if the applicant is the holder
of a currently valid or renewable license to  drive  issued  by  another
state or foreign country unless the applicant surrenders such license.

S. 6411--B                          3

  S  3.  Subdivision  3 of section 490 of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D)  IN ADDITION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED
ON THE APPLICATION AND THE APPLICATION FOR RENEWAL TO ENABLE ANY  APPLI-
CANT WHO HAS SERVED IN THE ARMED FORCES OF THE UNITED STATES TO REGISTER
TO  RECEIVE INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL,
TELEPHONE OR MAIL REGARDING BENEFITS TO  WHICH  SUCH  APPLICANT  MAY  BE
ENTITLED  AND THAT THE FOLLOWING IS STATED ON THE APPLICATION AND APPLI-
CATION FOR RENEWAL: "BY CHECKING THIS BOX, YOU CERTIFY THAT  YOU  SERVED
IN  THE ARMED FORCES OF THE UNITED STATES AND YOU GIVE PERMISSION TO THE
DEPARTMENT OF MOTOR VEHICLES TO SHARE YOUR NAME AND CONTACT  INFORMATION
WITH  THE DIVISION OF VETERANS' AFFAIRS TO ENABLE THE DIVISION OF VETER-
ANS' AFFAIRS TO CONTACT YOU VIA EMAIL OR TELEPHONE REGARDING BENEFITS TO
WHICH YOU MAY BE ENTITLED".
  S 4. Section 508 of the vehicle and traffic law is amended by adding a
new subdivision 6 to read as follows:
  6. THE COMMISSIONER SHALL APPOINT AGENTS TO ACT ON HIS OR  HER  BEHALF
TO  COLLECT,  STORE  AND  MAKE  AVAILABLE  TO  THE DIVISION OF VETERANS'
AFFAIRS THE NAME AND CONTACT INFORMATION OF AN APPLICANT WHO  SERVED  IN
THE  ARMED  FORCES OF THE UNITED STATES FOR ANY DURATION OF TIME AND WHO
REQUESTS TO RECEIVE BENEFIT INFORMATION FROM THE DIVISION  OF  VETERANS'
AFFAIRS  PURSUANT TO SUBDIVISION ONE OR PARAGRAPH (A) OF SUBDIVISION SIX
OF SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
  S 5. Section 353 of the executive law  is  amended  by  adding  a  new
subdivision 21 to read as follows:
  21.  TO  COORDINATE  WITH THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO
SUBDIVISION ONE OR PARAGRAPH (A) OF  SUBDIVISION  SIX  OF  SECTION  FIVE
HUNDRED  TWO OF THE VEHICLE AND TRAFFIC LAW TO RETRIEVE NAME AND CONTACT
INFORMATION OF APPLICANTS WHO SERVED IN THE ARMED FORCES OF  THE  UNITED
STATES  FOR  ANY DURATION OF TIME WHO ARE APPLYING FOR OR RENEWING THEIR
DRIVER'S LICENSES AND WHO REQUEST TO BE CONTACTED BY  THE  DIVISION  VIA
EMAIL,  TELEPHONE  OR MAIL REGARDING BENEFITS TO WHICH THEY MAY BE ENTI-
TLED.
  S 6. Subdivision 3 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  458  of  the  laws  of 2011, is amended to read as
follows:
  3. Application for learner's permit. An application  for  a  learner's
permit  shall be included in the application for a license.  THE COMMIS-
SIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION TO  ENABLE
ANY  APPLICANT  WHO  HAS SERVED IN THE ARMED FORCES OF THE UNITED STATES
FOR ANY DURATION OF TIME, TO REGISTER OR RECEIVE  INFORMATION  FROM  THE
DIVISION  OF  VETERANS' AFFAIRS BY EMAIL OR TELEPHONE REGARDING BENEFITS
TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT THE FOLLOWING IS STATED
ON THE APPLICATION: "BY CHECKING THIS BOX, YOU CERTIFY THAT  YOU  SERVED
IN  THE ARMED FORCES OF THE UNITED STATES AND YOU GIVE PERMISSION TO THE
DEPARTMENT OF MOTOR VEHICLES TO SHARE YOUR NAME AND CONTACT  INFORMATION
WITH  THE DIVISION OF VETERANS' AFFAIRS TO ENABLE THE DIVISION OF VETER-
ANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL REGARDING BENE-
FITS TO WHICH YOU MAY BE ENTITLED". A learner's permit shall  be  issued
in such form as the commissioner shall determine but shall not be issued
unless the applicant has successfully passed the vision test required by
this section and the test set forth in paragraph (a) of subdivision four
of  this section with respect to laws relating to traffic and ability to
read and comprehend traffic signs and  symbols  and  has  satisfactorily
completed  any  course required pursuant to paragraph (a) of subdivision
four of this section. Upon acceptance of an application for a  learner's

S. 6411--B                          4

permit  the  commissioner  shall  provide  the applicant with a driver's
manual which includes but is not limited to the laws relating  to  traf-
fic,  the  laws  relating  to and physiological effects of driving while
ability  impaired  and driving while intoxicated, the law for exercising
due care to avoid colliding with a parked, stopped or  standing  author-
ized  emergency  vehicle  or  hazard  vehicle pursuant to section eleven
hundred forty-four-a of this chapter, explanations of traffic signs  and
symbols and such other matters as the commissioner may prescribe.
  S 7. This act shall take effect immediately.

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