S T A T E   O F   N E W   Y O R K
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                                  10750

                          I N  A S S E M B L Y

                              June 18, 2012
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
  read once and referred to the Committee on Transportation

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
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-

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

                                                           LBD13564-07-2

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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  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

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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
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-

A. 10750                            4

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.