S T A T E O F N E W Y O R K
________________________________________________________________________
4202
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
___________
Introduced by M. of A. ORTIZ, J. RIVERA, P. RIVERA, PRETLOW, RAMOS,
SCARBOROUGH, COOK, JACOBS, CASTRO -- Multi-Sponsored by -- M. of A.
BRENNAN, COLTON, FARRELL, GOTTFRIED, HEASTIE -- read once and referred
to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to issuance of
driver's licenses; and providing for the repeal of such provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 and paragraph (a) of subdivision 6 of section
502 of the vehicle and traffic law, subdivision 1 as amended by chapter
639 of the laws of 2006, paragraph (a) of subdivision 6 as amended by
section 3 of part K of chapter 59 of the laws of 2009, are 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. ACCEPTABLE
PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED TO, FOREIGN PASS-
PORTS WITH OR WITHOUT VISA STAMPS, VALID DOCUMENTATION ISSUED BY UNITED
STATES CITIZENSHIP AND IMMIGRATION SERVICES, AND CONSULAR PHOTO IDEN-
TIFICATION DOCUMENTS. ELIGIBILITY FOR A DRIVER'S LICENSE SHALL NOT BE
CONDITIONED ON A PARTICULAR IMMIGRATION STATUS. The commissioner 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 commission-
er also shall require that the applicant provide his or her social secu-
rity number OR, WITH RESPECT TO AN APPLICATION FOR A NON-COMMERCIAL
DRIVER'S LICENSE, A LETTER OR FORM FROM THE UNITED STATES SOCIAL SECURI-
TY ADMINISTRATION STATING THAT THE APPLICANT IS NOT ELIGIBLE FOR A
SOCIAL SECURITY NUMBER OR A SWORN STATEMENT ON A FORM PRESCRIBED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03664-01-1
A. 4202 2
COMMISSIONER, UNDER PENALTY OF PERJURY, THAT THE APPLICANT DOES NOT HAVE
AND IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER AND ON WHICH A WITNESS
HOLDING A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD
ISSUED BY THE COMMISSIONER OR HAVING ACCEPTABLE PROOF OF IDENTITY
ATTESTS, UNDER PENALTY OF PERJURY, TO THE IDENTITY AND ADDRESS OF THE
APPLICANT 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,
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 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.
(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 OR, WITH
RESPECT TO AN APPLICATION FOR A NON-COMMERCIAL DRIVER'S LICENSE, A
LETTER OR FORM FROM THE UNITED STATES SOCIAL SECURITY ADMINISTRATION
STATING THAT THE APPLICANT IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER
OR A SWORN STATEMENT ON A FORM PRESCRIBED BY THE COMMISSIONER, UNDER
PENALTY OF PERJURY, STATING THAT THE APPLICANT DOES NOT HAVE AND IS NOT
ELIGIBLE FOR A SOCIAL SECURITY NUMBER AND ON WHICH A WITNESS HOLDING A
VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE
COMMISSIONER OR HAVING ACCEPTABLE PROOF OF IDENTITY ATTESTS, UNDER
PENALTY OF PERJURY, TO THE IDENTITY AND ADDRESS OF THE APPLICANT, and if
required by the commissioner 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 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 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire January 1, 2013 when upon
such date the provisions of this act shall be deemed repealed; provided
that the commissioner of motor vehicles is authorized and directed to
promulgate any rules and regulations necessary to implement the
provisions of this act on its effective date.