S T A T E O F N E W Y O R K
________________________________________________________________________
3232
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
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Introduced by M. of A. BENJAMIN, EDDINGTON, RAIA, SALADINO, WALKER --
Multi-Sponsored by -- M. of A. ABBATE, CROUCH, DUPREY, MAISEL, MAYER-
SOHN, McDONOUGH, ROBINSON, WEISENBERG -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requirements
of proof for certain licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of
section 490 of the vehicle and traffic law, as amended by chapter 235 of
the laws of 2002, is amended to read as follows:
(i) The commissioner shall upon submission of an appropriate applica-
tion, upon payment of the prescribed fee, and upon being satisfied that
the person described is the applicant and that such applicant meets the
requirements set forth in subdivision two of this section, issue to such
applicant a nontransferable identification card. In addition, the
commissioner also shall require that an applicant for an identification
card or renewal thereof provide his or her social security number, OR
PROVIDE PROOF THAT HE OR SHE IS NOT ELIGIBLE FOR A SOCIAL SECURITY
NUMBER. SUCH PROOF SHALL INCLUDE ANY DOCUMENTS ISSUED TO AN APPLICANT BY
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR THE PURPOSE OF
DETERMINING WHETHER SUCH APPLICANT IS ELIGIBLE TO RECEIVE A SOCIAL SECU-
RITY NUMBER.
S 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 639 of the laws of 2006, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05776-01-9
A. 3232 2
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], OR PROVIDE PROOF THAT HE OR SHE IS NOT
ELIGIBLE FOR A SOCIAL SECURITY NUMBER. SUCH PROOF SHALL INCLUDE ANY
DOCUMENTS ISSUED TO AN APPLICANT BY THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT
IS ELIGIBLE TO RECEIVE A SOCIAL SECURITY NUMBER. THE COMMISSIONER SHALL
ALSO 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, an appli-
cant for a commercial driver's license who will operate a commercial
motor vehicle in interstate commerce shall certify that such applicant
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. 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 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by chapter 81 of the laws of 1995, 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, AND the applicant's social security number, [and if
required by the commissioner] OR PROVIDE PROOF THAT HE OR SHE IS NOT
ELIGIBLE FOR A SOCIAL SECURITY NUMBER. SUCH PROOF SHALL INCLUDE ANY
DOCUMENTS ISSUED TO AN APPLICANT BY THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT
IS ELIGIBLE TO RECEIVE A SOCIAL SECURITY NUMBER. THE COMMISSIONER MAY
ALSO REQUIRE SUBMISSION OF a photo image of the applicant in such
numbers and form as the commissioner shall prescribe. In addition, an
applicant for renewal of a license containing a hazardous material
endorsement shall pass an examination to retain such endorsement. 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 [chapter] TITLE, and except that
the commissioner 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 4. This act shall take effect immediately.