S T A T E   O F   N E W   Y O R K
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                                  8468

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced by M. of A. FIELDS -- 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 issuance of non-driver identification cards and driver's
  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) (A) THE COMMISSIONER SHALL NOT ISSUE AN IDENTIFICATION CARD TO ANY
PERSON WHO DOES NOT SUBMIT  SATISFACTORY  PROOF,  AS  REQUIRED  BY  THIS
SUBPARAGRAPH,  THAT  THE  APPLICANT'S  PRESENCE  IN THE UNITED STATES IS
LEGALLY AUTHORIZED.
  (B) 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
PROOF OF INELIGIBILITY TO RECEIVE A SOCIAL SECURITY NUMBER.    IN  ADDI-
TION,  AN APPLICANT WHO HAS PROVIDED PROOF OF INELIGIBILITY TO RECEIVE A
SOCIAL SECURITY NUMBER SHALL ALSO PROVIDE PROOF THAT HE OR SHE IS LEGAL-
LY AUTHORIZED TO BE IN THE UNITED STATES.
  (C) PROOF OF AUTHORIZED PRESENCE IN THE UNITED  STATES.  PROOF  OF  AN
APPLICANT'S  CURRENTLY  AUTHORIZED  PRESENCE  IN THE UNITED STATES SHALL
INCLUDE VALID DOCUMENTARY EVIDENCE, FROM THE NECESSARY STATE OR  FEDERAL
AGENCY,  THAT  SUCH  PERSON:  (I) IS A UNITED STATES CITIZEN, (II) IS AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT OR TEMPORARY RESIDENCE, (III)  HAS
A  CONDITIONAL  PERMANENT RESIDENT STATUS, (IV) IS A REFUGEE OR HAS BEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11915-01-9
              

A. 8468                             2

GRANTED ASYLUM, (V) HAS A VALID, UNEXPIRED NONIMMIGRANT VISA OR NONIMMI-
GRANT VISA STATUS, (VI) HAS A PENDING APPLICATION FOR ASYLUM, (VII)  HAS
A PENDING OR APPROVED APPLICATION FOR TEMPORARY PROTECTED STATUS, (VIII)
HAS  APPROVED  DEFERRED  STATUS,  OR  (IX) HAS A PENDING APPLICATION FOR
ADJUSTMENT OF STATUS TO THAT OF AN ALIEN LAWFULLY ADMITTED FOR PERMANENT
RESIDENCE OR CONDITIONAL PERMANENT  RESIDENT  STATUS.  THE  COMMISSIONER
SHALL  VERIFY,  WITH  THE  ISSUING  AGENCY,  THE  ISSUANCE, VALIDITY AND
COMPLETENESS OF EACH DOCUMENT. NO IDENTIFICATION CARD  SHALL  BE  ISSUED
WITHOUT  PRIOR  SUBMISSION,  AND  APPROVAL  BY  THE COMMISSIONER, OF THE
REQUIRED VALID DOCUMENTARY EVIDENCE.
  (D) TEMPORARY IDENTIFICATION CARD.  A  TEMPORARY  IDENTIFICATION  CARD
SHALL  BE ISSUED TO PERSONS WHO PRESENT DOCUMENTARY EVIDENCE PURSUANT TO
ITEM (V), (VI), (VII), (VIII) OR (IX) OF CLAUSE  (C)  OF  THIS  SUBPARA-
GRAPH.  A  TEMPORARY IDENTIFICATION CARD (I) SHALL BE VALID ONLY FOR THE
PERIOD OF THE APPLICANT'S AUTHORIZED STAY IN THE UNTIED STATES,  OR  ONE
YEAR  IF  THERE  IS  NO  DEFINITE  END TO THE PERIOD OF STAY, (II) SHALL
CONSPICUOUSLY INDICATE THAT IT IS TEMPORARY AND SHALL STATE THE DATE  ON
WHICH  IT  EXPIRES,  AND  (III) MAY BE RENEWED ONLY UPON PRESENTATION OF
VALID DOCUMENTARY EVIDENCE THAT THE STATUS BY WHICH THE APPLICANT QUALI-
FIED FOR THE TEMPORARY IDENTIFICATION CARD  HAS  BEEN  EXTENDED  BY  THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY.
  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.  (A)  AUTHORIZED  PRESENCE  IN  THE UNITED STATES. THE COMMISSIONER
SHALL NOT ISSUE A DRIVER'S LICENSE TO ANY PERSON  WHO  DOES  NOT  SUBMIT
SATISFACTORY  PROOF,  AS  REQUIRED  BY THIS SUBDIVISION, THAT THE APPLI-
CANT'S PRESENCE IN THE UNITED STATES IS LEGALLY AUTHORIZED.
  (B) 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],  OR PROOF OF INELIGIBILITY TO RECEIVE A
SOCIAL SECURITY NUMBER.   IN ADDITION, AN  APPLICANT  WHO  HAS  PROVIDED
PROOF  OF  INELIGIBILITY  TO RECEIVE A SOCIAL SECURITY NUMBER SHALL ALSO
PROVIDE PROOF THAT HE OR SHE IS LEGALLY AUTHORIZED TO BE IN  THE  UNITED
STATES.  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 applicant 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 commer-
cial motor vehicle, as set forth in public law 99-570,  title  XII,  and
title 49 of the code of federal regulations, and all regulations promul-
gated by the United States secretary of transportation under the hazard-
ous  materials  transportation 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.
  (C) PROOF OF AUTHORIZED PRESENCE IN THE UNITED  STATES.  PROOF  OF  AN
APPLICANT'S  CURRENTLY  AUTHORIZED  PRESENCE  IN THE UNITED STATES SHALL
INCLUDE VALID DOCUMENTARY EVIDENCE, FROM THE NECESSARY STATE OR  FEDERAL

A. 8468                             3

AGENCY,  THAT  SUCH  PERSON:  (I) IS A UNITED STATES CITIZEN, (II) IS AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT OR TEMPORARY RESIDENCE, (III)  HAS
A  CONDITIONAL  PERMANENT RESIDENT STATUS, (IV) IS A REFUGEE OR HAS BEEN
GRANTED ASYLUM, (V) HAS A VALID, UNEXPIRED NONIMMIGRANT VISA OR NONIMMI-
GRANT  VISA STATUS, (VI) HAS A PENDING APPLICATION FOR ASYLUM, (VII) HAS
A PENDING OR APPROVED APPLICATION FOR TEMPORARY PROTECTED STATUS, (VIII)
HAS APPROVED DEFERRED STATUS, OR (IX)  HAS  A  PENDING  APPLICATION  FOR
ADJUSTMENT OF STATUS TO THAT OF AN ALIEN LAWFULLY ADMITTED FOR PERMANENT
RESIDENCE  OR  CONDITIONAL  PERMANENT  RESIDENT STATUS. THE COMMISSIONER
SHALL VERIFY, WITH THE  ISSUING  AGENCY,  THE  ISSUANCE,  VALIDITY,  AND
COMPLETENESS OF EACH DOCUMENT. NO DRIVER'S LICENSE SHALL BE ISSUED WITH-
OUT  PRIOR SUBMISSION, AND APPROVAL BY THE COMMISSIONER, OF THE REQUIRED
VALID DOCUMENTARY EVIDENCE.
  (D) TEMPORARY DRIVER'S LICENSE. A TEMPORARY DRIVER'S LICENSE SHALL  BE
ISSUED  TO PERSONS WHO PRESENT DOCUMENTARY EVIDENCE PURSUANT TO SUBPARA-
GRAPH (V), (VI), (VII), (VIII) OR (IX) OF PARAGRAPH (C) OF THIS SUBDIVI-
SION. A TEMPORARY DRIVER'S LICENSE (I) SHALL BE VALID ONLY FOR THE PERI-
OD OF THE APPLICANT'S AUTHORIZED STAY IN THE UNITED STATES, OR ONE  YEAR
IF  THERE IS NO DEFINITE END TO THE PERIOD OF STAY, (II) SHALL CONSPICU-
OUSLY INDICATE THAT IT IS TEMPORARY AND SHALL STATE THE DATE ON WHICH IT
EXPIRES, AND (III) MAY BE RENEWED ONLY UPON PRESENTATION OF VALID  DOCU-
MENTARY  EVIDENCE  THAT  THE STATUS BY WHICH THE APPLICANT QUALIFIED FOR
THE TEMPORARY DRIVER'S LICENSE HAS BEEN EXTENDED BY  THE  UNITED  STATES
DEPARTMENT OF HOMELAND SECURITY.
  S  3. 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) (I) THE COMMISSIONER SHALL NOT ISSUE A  DRIVER'S  LICENSE  TO  ANY
PERSON WHO DOES NOT SUBMIT SATISFACTORY PROOF, AS REQUIRED BY THIS PARA-
GRAPH,  THAT  THE  APPLICANT'S  PRESENCE IN THE UNITED STATES IS LEGALLY
AUTHORIZED.
  (II) 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] OR PROOF OF INELIGIBILITY TO RECEIVE A SOCIAL  SECURITY
NUMBER.  IN ADDITION, AN APPLICANT WHO HAS PROVIDED PROOF OF INELIGIBIL-
ITY TO RECEIVE A SOCIAL SECURITY NUMBER SHALL ALSO PROVIDE PROOF THAT HE
OR SHE IS LEGALLY AUTHORIZED TO BE IN THE UNITED STATES. THE commission-
er MAY ALSO REQUIRE 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. The commissioner  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  regulations.  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 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.

A. 8468                             4

  (III)  PROOF OF AUTHORIZED PRESENCE IN THE UNITED STATES.  PROOF OF AN
APPLICANT'S CURRENTLY AUTHORIZED PRESENCE IN  THE  UNITED  STATES  SHALL
INCLUDE  VALID DOCUMENTARY EVIDENCE, FROM THE NECESSARY STATE OR FEDERAL
AGENCY, THAT SUCH PERSON:  (A) IS A UNITED STATES  CITIZEN,  (B)  IS  AN
ALIEN  LAWFULLY ADMITTED FOR PERMANENT OR TEMPORARY RESIDENCE, (C) HAS A
CONDITIONAL PERMANENT RESIDENT STATUS, (D) IS  A  REFUGEE  OR  HAS  BEEN
GRANTED ASYLUM, (E) HAS A VALID, UNEXPIRED NONIMMIGRANT VISA OR NONIMMI-
GRANT  VISA  STATUS, (F) HAS A PENDING APPLICATION FOR ASYLUM, (G) HAS A
PENDING OR APPROVED APPLICATION FOR TEMPORARY PROTECTED STATUS, (H)  HAS
APPROVED  DEFERRED  STATUS, OR (I) HAS A PENDING APPLICATION FOR ADJUST-
MENT OF STATUS TO THAT OF AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESI-
DENCE OR CONDITIONAL PERMANENT RESIDENT STATUS. THE  COMMISSIONER  SHALL
VERIFY,  WITH  THE ISSUING AGENCY, THE ISSUANCE, VALIDITY, AND COMPLETE-
NESS OF EACH DOCUMENT. NO DRIVER'S LICENSE SHALL BE ISSUED WITHOUT PRIOR
SUBMISSION, AND APPROVAL BY THE  COMMISSIONER,  OF  THE  REQUIRED  VALID
DOCUMENTARY EVIDENCE.
  S 4. This act shall take effect immediately.