S T A T E   O F   N E W   Y O R K
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                                  4165

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by M. of A. TEDISCO, J. MILLER, MOLINARO, McKEVITT, BARCLAY,
  TOBACCO, KOLB -- Multi-Sponsored  by  --  M.  of  A.  AMEDORE,  BOYLE,
  BURLING,  BUTLER,  CALHOUN,  CONTE,  CROUCH,  DUPREY,  FINCH,  GIGLIO,
  HAWLEY, HAYES, P. LOPEZ,  McDONOUGH,  OAKS,  RABBITT,  RAIA,  REILICH,
  SALADINO, SAYWARD -- read once and referred to the Committee on Trans-
  portation

AN ACT to amend the vehicle and traffic law, in relation to the require-
  ments of licensing and to amend the election law, in relation to voter
  registration forms

  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 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 iden-
tity, age, and fitness as may  be  required  by  the  commissioner.  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  commissioner  [also]  shall  require  that the applicant
provide PROOF OF FITNESS, AGE AND IDENTITY INCLUDING 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
SUBMITTED  BY  AN  APPLICANT TO THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT IS ELIGI-
BLE 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 applicant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07316-01-1
              

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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 regu-
lations, and all regulations promulgated by the United States  secretary
of transportation under the hazardous 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.
  S 2. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 1-a to read as follows:
  1-A.  FALSE  STATEMENTS. ANY PERSON KNOWINGLY MAKING A FALSE STATEMENT
REGARDING A SOCIAL SECURITY NUMBER OR INELIGIBILITY FOR A SOCIAL SECURI-
TY NUMBER IN AN APPLICATION FOR A DRIVER'S LICENSE OR  LEARNER'S  PERMIT
ISSUED  BY  THE  COMMISSIONER  OR  IN  ANY PROOF OR STATEMENT IN WRITING
SUBMITTED IN CONNECTION WITH SUCH SOCIAL SECURITY NUMBER OR  INELIGIBIL-
ITY  FOR A SOCIAL SECURITY NUMBER AND THE SUBMISSION OF SUCH AN APPLICA-
TION SHALL BE GUILTY OF A MISDEMEANOR PURSUANT TO SECTION THREE  HUNDRED
NINETY-TWO OF THIS CHAPTER.
  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) 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] OR PROVIDE PROOF THAT HE  OR  SHE  IS  NOT
ELIGIBLE  FOR  A  SOCIAL  SECURITY  NUMBER. SUCH PROOF SHALL INCLUDE ANY
DOCUMENTS SUBMITTED BY AN APPLICANT TO 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  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.  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  4.  Subdivision  1 of section 503 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
  (C) WHENEVER A DRIVER'S LICENSE, LEARNER'S PERMIT OR  A  PRIVILEGE  OF
OPERATING  A  MOTOR VEHICLE OR OF OBTAINING A LICENSE HAS BEEN ISSUED TO
AN ALIEN WHO HAS BEEN LAWFULLY  ISSUED  A  VISA  BY  THE  UNITED  STATES
DEPARTMENT  OF  STATE,  SUCH  DRIVER'S LICENSE OR LEARNER'S PERMIT SHALL
EXPIRE UPON THE EXPIRATION OF THE VISA.
  S 5. Section 491 of the vehicle and traffic law is amended by adding a
new subdivision 1-a to read as follows:

A. 4165                             3

  1-A. PERIOD OF VALIDITY; VISA. WHENEVER AN IDENTIFICATION CARD  ISSUED
BY  THE  DEPARTMENT  HAS  BEEN  ISSUED TO AN ALIEN WHO HAS LAWFULLY BEEN
ISSUED A VALID VISA BY THE UNITED STATES DEPARTMENT OF STATE, SUCH IDEN-
TIFICATION CARD SHALL EXPIRE UPON THE EXPIRATION OF THE VISA.
  S 6. 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, AND
THAT THE PERSON DESCRIBED IS  THE  APPLICANT  AND  UPON  SUCH  APPLICANT
PROVIDING  HIS  OR HER SOCIAL SECURITY NUMBER OR PROVIDING PROOF THAT HE
OR SHE IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER, INCLUDING ANY DOCU-
MENTS SUBMITTED BY SUCH APPLICANT TO THE  UNITED  STATES  DEPARTMENT  OF
HOMELAND  SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT
IS ELIGIBLE TO RECEIVE A SOCIAL SECURITY NUMBER, 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.]
  S 7. Paragraph (a) of subdivision 3 of section 490 of the vehicle  and
traffic  law  is  amended  by  adding a new subparagraph (iv) to read as
follows:
  (IV) ANY PERSON KNOWINGLY MAKING A FALSE STATEMENT REGARDING A  SOCIAL
SECURITY  NUMBER  OR  INELIGIBILITY  FOR  A SOCIAL SECURITY NUMBER IN AN
APPLICATION FOR AN IDENTIFICATION CARD ISSUED BY THE COMMISSIONER OR  IN
ANY  PROOF  OR  STATEMENT  IN  WRITING SUBMITTED IN CONNECTION WITH SUCH
SOCIAL SECURITY NUMBER OR INELIGIBILITY FOR A SOCIAL SECURITY NUMBER AND
THE SUBMISSION OF SUCH AN APPLICATION SHALL BE GUILTY OF  A  MISDEMEANOR
PURSUANT TO SECTION THREE HUNDRED NINETY-TWO OF THIS CHAPTER.
  S  8. Paragraph (c) of subdivision 3 of section 490 of the vehicle and
traffic law, as amended by chapter 600 of the laws of 1989,  is  amended
to read as follows:
  (c) The identification card [may] SHALL also contain the photograph of
the  holder pursuant to regulations established by the commissioner. Any
photograph taken as part of the application procedure for an identifica-
tion card shall not be a public record.
  S 9. Subdivision 3 of section 5-212 of the election law is amended  by
adding a new paragraph (d) to read as follows:
  (D) SHALL BE CLEARLY MARKED TO READ "FOR U.S. CITIZENS ONLY".
  S 10. This act shall take effect immediately.