S T A T E O F N E W Y O R K
________________________________________________________________________
6070--A
I N S E N A T E
(PREFILED)
January 4, 2012
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to authorizing
certain undocumented Americans to obtain New York state drivers'
licenses or non-driver identification cards
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,
PROVIDED, HOWEVER THAT NO APPLICANT SHALL BE DENIED A NON-DRIVER IDEN-
TIFICATION CARD IF SUCH APPLICANT HAS OBTAINED A HIGH SCHOOL DIPLOMA OR
ITS EQUIVALENT.
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, PROVIDED,
HOWEVER THAT NO APPLICANT SHALL BE DENIED A DRIVER'S LICENSE IF SUCH
APPLICANT: (I) OTHERWISE QUALIFIES FOR A LICENSE PURSUANT TO THIS
SECTION, (II) HAS OBTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, AND
(III) HAS APPLIED FOR LAWFUL IMMIGRATION STATUS OR SHALL APPLY FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13681-02-2
S. 6070--A 2
LAWFUL IMMIGRATION STATUS AS SOON AS SUCH APPLICANT IS ELIGIBLE TO DO
SO. 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
his or her social security number, IF SUCH APPLICANT HAS A SOCIAL SECU-
RITY NUMBER, BUT NO APPLICANT SHALL BE DENIED A LICENSE PURSUANT TO THIS
SECTION SOLELY ON THE BASIS OF NOT HAVING A 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, 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 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 3. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by section 2 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
1. Application for license. (A) 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 identity, age, and fitness as may be required by the commissioner,
PROVIDED, HOWEVER THAT NO APPLICANT SHALL BE DENIED A DRIVER'S LICENSE
IF SUCH APPLICANT: (I) OTHERWISE QUALIFIES FOR A LICENSE PURSUANT TO
THIS SECTION, (II) HAS OBTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT,
AND (III) HAS APPLIED FOR LAWFUL IMMIGRATION STATUS OR SHALL APPLY FOR
LAWFUL IMMIGRATION STATUS AS SOON AS SUCH APPLICANT IS ELIGIBLE TO DO
SO. 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
his or her social security number, IF SUCH APPLICANT HAS A SOCIAL SECU-
RITY NUMBER, BUT NO APPLICANT SHALL BE DENIED A LICENSE PURSUANT TO THIS
SECTION SOLELY ON THE BASIS OF NOT HAVING A 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.
(B) 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. 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 regu-
lations relating to medical certification and in a manner prescribed by
the commissioner.
(C) For purposes of this section and sections five hundred three and
five hundred ten-a of this title, the term "medical certificate" shall
S. 6070--A 3
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 deter-
mination 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 4. 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, IF SUCH APPLI-
CANT HAS A SOCIAL SECURITY NUMBER, and if required by the commissioner a
photo image of the applicant in such numbers and form as the commission-
er 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 require-
ments 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 inconsist-
ent 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.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided that section three of this act
shall take effect on the same date and in the same manner as section 2
of part CC of chapter 58 of the laws of 2011, takes effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date is authorized to be made on or before such date.