S T A T E O F N E W Y O R K
________________________________________________________________________
1320
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the issuance
of driving privilege cards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 531 to read as follows:
S 531. DRIVING PRIVILEGE CARDS. 1. NOTWITHSTANDING ANY CONTRARY
PROVISION OF LAW, THE COMMISSIONER MAY, SUBJECT TO THE LIMITATIONS OF
SUBDIVISION TWO OF THIS SECTION, ISSUE A DRIVING PRIVILEGE CARD TO A
PERSON WHO SATISFIES THE REQUIREMENTS FOR ISSUANCE OF A DRIVER'S LICENSE
PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS TITLE BUT WHO CANNOT
PROVIDE:
(A) PROOF OF LAWFUL PRESENCE IN THE UNITED STATES; OR
(B) SUFFICIENT IDENTIFYING DOCUMENTATION.
2. AN APPLICANT SHALL NOT BE ISSUED A DRIVING PRIVILEGE CARD UNLESS
SUCH APPLICANT:
(A) SURRENDERS TO THE COMMISSIONER ANY DRIVER'S LICENSE POSSESSED BY
THE APPLICANT THAT WAS ISSUED BY A STATE OR POLITICAL SUBDIVISION OF THE
UNITED STATES OR AFFIRMS IN WRITING THAT THE APPLICANT DOES NOT POSSESS
A DRIVER'S LICENSE ISSUED BY THIS OR ANY OTHER STATE OR POLITICAL SUBDI-
VISION OF THE UNITED STATES; AND
(B) AFFIRMS IN WRITING THAT THE APPLICANT RESIDES IN THIS STATE AND
PROVIDES DOCUMENTATION TO VERIFY THAT THE APPLICANT RESIDES IN THE STATE
THAT IS CONSISTENT WITH THE REGULATIONS PROMULGATED BY THE COMMISSIONER
PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION; AND
(C) AFFIRMS IN WRITING THAT THE APPLICANT IS OF LEGAL AGE TO OPERATE A
MOTOR VEHICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05851-01-3
S. 1320 2
3. AN APPLICANT FOR A DRIVING PRIVILEGE CARD SHALL PAY ALL FEES APPLI-
CABLE FOR THE ISSUANCE OF A DRIVER'S LICENSE. THE COMMISSIONER MAY
CHARGE THE APPLICANT AN ADDITIONAL FEE TO OFFSET THE ADMINISTRATIVE
COSTS ASSOCIATED WITH THE PRODUCTION AND DISTRIBUTION OF DRIVING PRIVI-
LEGE CARDS.
4. A DRIVING PRIVILEGE CARD SHALL BE VALID FOR ONE YEAR FROM DATE OF
ISSUE, PROVIDED, HOWEVER, THE COMMISSIONER MAY SET A DATE FOR AN INDI-
VIDUAL CARD'S EXPIRATION THAT IS LESS THAN ONE YEAR. WHILE THE CARD IS
VALID, THE HOLDER SHALL HAVE THE SAME PRIVILEGES AND SHALL BE BOUND BY
THE SAME LEGAL RESPONSIBILITIES WITH RESPECT TO THE OPERATION OF A MOTOR
VEHICLE AS THE HOLDER OF A DRIVER'S LICENSE ISSUED PURSUANT TO THIS
TITLE.
5. A DRIVING PRIVILEGE CARD SHALL NOT BE RECOGNIZED AS A FORM OF IDEN-
TIFICATION EXCEPT FOR THE PURPOSE OF VERIFYING THAT THE HOLDER IS
AUTHORIZED TO OPERATE A MOTOR VEHICLE WHILE THE CARD IS VALID.
6. DRIVING PRIVILEGE CARDS SHALL INCLUDE A DIGITIZED PICTURE OF THE
PERSON TO WHOM THE CARD IS ISSUED. DRIVING PRIVILEGE CARDS SHALL APPEAR
SIMILAR TO A DRIVER'S LICENSE BUT CONTAIN A CONSPICUOUS STATEMENT
SUBSTANTIALLY SIMILAR TO THE FOLLOWING: "THIS CARD ENTITLES THE PERSON
PICTURED TO OPERATE A MOTOR VEHICLE. NOT FOR FEDERAL IDENTIFICATION
PURPOSES."
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS, INCLUDING BUT NOT
LIMITED TO, REGULATIONS RELATED TO THE FORM AND DESIGN OF THE DRIVING
PRIVILEGE CARD AND SPECIFYING DOCUMENTATION NECESSARY TO VERIFY THAT AN
APPLICANT RESIDES IN THIS STATE.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.