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

                                  6306

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2013
                               ___________

Introduced  by  M.  of A. GABRYSZAK, CORWIN -- read once and referred to
  the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to providing an
  address for a driver's license and registration; and to repeal certain
  provisions of such law relating thereto

  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, ADDRESS, age, and fitness as may be required  by  the  commissioner.
WHEN PROVIDING AN ADDRESS TO THE DEPARTMENT, IF AN APPLICANT USES A POST
OFFICE  BOX  AS  HIS  OR  HER  MAILING ADDRESS, THE APPLICANT SHALL ALSO
PROVIDE THE DEPARTMENT WITH HIS OR HER STREET ADDRESS. 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  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.  In  addition,  an  applicant  for a commercial driver's

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09804-02-3
              

A. 6306                             2

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.  Subdivision  1 of section 502 of the vehicle and traffic law as
separately amended by chapters 465 and  487  of  the  laws  of  2012  is
REPEALED and a new subdivision 1 is added 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,  ADDRESS,  AGE,  AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER.
WHEN PROVIDING AN ADDRESS TO THE DEPARTMENT, IF AN APPLICANT USES A POST
OFFICE BOX AS HIS OR HER  MAILING  ADDRESS,  THE  APPLICANT  SHALL  ALSO
PROVIDE  THE DEPARTMENT WITH HIS OR HER STREET ADDRESS. 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 WHERE SUCH APPLICANT IS A LEGAL IMMIGRANT AND SHALL  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 WITH THE FOLLOWING STATED ON THE
APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
  THE COMMISSIONER OF  THE  DEPARTMENT  OF  HEALTH  SHALL  NOT  MAINTAIN
RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE.  IN THE CASE OF AN APPLICANT UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. IN
ADDITION,  THE  COMMISSIONER  ALSO  SHALL  REQUIRE  THAT  SPACE SHALL BE
PROVIDED ON THE APPLICATION SO THAT THE APPLICANT MAY REQUEST A NOTATION
UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES ARMED
FORCES. 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

A. 6306                             3

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. 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  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  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section two of this act, 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, ADDRESS, age, and fitness as may be required  by  the  commissioner.
WHEN PROVIDING AN ADDRESS TO THE DEPARTMENT, IF AN APPLICANT USES A POST
OFFICE  BOX  AS  HIS  OR  HER  MAILING ADDRESS, THE APPLICANT SHALL ALSO
PROVIDE THE DEPARTMENT WITH HIS OR HER STREET ADDRESS. 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 other social secu-
rity number where such  applicant  is  a  legal  immigrant  and  [shall]
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 [with the following stated on
the application in clear and conspicuous type:
  "You  must  fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
tion'."
  The commissioner of the department of health shall maintain records of
any person who checks "skip this question". Failure to check a box shall
not impair the validity of an application, and failure to check "yes" or
checking "skip this question" shall not be construed to imply a wish not
to  donate.    In  the case of an applicant under eighteen years of age,
checking "yes" shall not constitute consent to make an  anatomical  gift
or  registration  in  the  donate  life registry. Where an applicant has
previously consented to make an anatomical gift  or  registered  in  the
donate  life registry, checking "skip this question" or failing to check
a box shall not impair that consent or registration].  In addition,  the
commissioner  also  shall  require  that  space shall be provided on the
application so that the applicant  may  request  a  notation  upon  such
license  that  he or she is a veteran of the United States armed forces.
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
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  of  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

A. 6306                             4

hundred ten-a, 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 the federal regulations. Upon a determination that the hold-
er  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.  The  vehicle and traffic law is amended by adding a new section
201-a to read as follows:
  S 201-A.  ACCESS  TO  INFORMATION.  THE  DEPARTMENT  SHALL  ALLOW  LAW
ENFORCEMENT PERSONNEL ACCESS TO ANY INDIVIDUAL'S STREET ADDRESS PROVIDED
PURSUANT  TO  PARAGRAPH B OF SUBDIVISION ONE OF SECTION FOUR HUNDRED ONE
AND SUBDIVISION ONE OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  S 5. Paragraph b of subdivision 1 of section 401 of  the  vehicle  and
traffic  law,  as amended by chapter 222 of the laws of 1996, is amended
to read as follows:
  b. Every owner of a motor vehicle which shall be  operated  or  driven
upon  the  public  highways  of  this  state  shall, except as otherwise
expressly provided, cause to be presented, by mail or otherwise, to  the
office  or  a  branch office of the commissioner, or to any agent of the
commissioner, constituted as provided in this  chapter,  an  application
for  registration  addressed  to  the commissioner, and on a blank to be
prepared under the direction of and furnished by  the  commissioner  for
that  purpose,  containing: (a) a brief description of the motor vehicle
to be registered, including the name and factory number of such vehicle,
and such other facts as the commissioner shall require; (b)  the  weight
of  the  vehicle  upon which the registration fee is based if the fee is
based on weight; (c) the name and residence, including  county,  of  the
owner  of such motor vehicle; PROVIDED, THAT IF AN APPLICANT USES A POST
OFFICE BOX WHEN PROVIDING A RESIDENCE ADDRESS, THE APPLICANT SHALL  ALSO
PROVIDE  HIS  OR  HER  STREET  ADDRESS; (d) provided that, if such motor
vehicle is used or to be used as an omnibus, the applicant also shall so
certify, and in the case of an omnibus also certify as  to  the  seating
capacity,  and  if the omnibus is to be operated wholly within a munici-
pality pursuant to a franchise other than a franchise express or implied
in articles of incorporation upon certain  streets  designated  in  such
franchise,  those facts shall also be certified, and a certified copy of
such franchise furnished to the commissioner;  (e)  provided,  that,  if
such  motor vehicle is an altered livery, the applicant shall so furnish
a certified copy of the length of the  center  panel  of  such  vehicle,
provided, however, that the commissioner shall require such proof, as he
may  determine  is  necessary,  in  the application for registration and
provided further, if the  center  panel  of  such  vehicle  exceeds  one
hundred  inches,  the commissioner shall require proof that such vehicle
is in compliance with all applicable federal  and  state  motor  vehicle
safety  standards;  and  (f)  such  additional  facts or evidence as the
commissioner may require in connection with the application  for  regis-
tration.  Every  owner  of a trailer shall also make application for the
registration thereof in the manner herein provided for an application to
register a motor vehicle, but shall  contain  a  statement  showing  the
manufacturer's  number  or  other  identification  satisfactory  to  the
commissioner and  no  number  plate  for  a  trailer  issued  under  the
provisions  of  subdivision  three  of  section four hundred two of this
chapter shall be transferred to or used upon any other trailer than  the
one  for  which  number  plate is issued. The commissioner shall require
proof, in the  application  for  registration,  or  otherwise,  as  such

A. 6306                             5

commissioner  may  determine, that the motor vehicle for which registra-
tion is applied for is equipped with lights conforming in  all  respects
to  the  requirements  of  this  chapter,  and no motor vehicle shall be
registered unless it shall appear by such proofs that such motor vehicle
is  equipped with proper lights as aforesaid. The said application shall
contain or be accompanied by such evidence of the ownership of the motor
vehicle described in the application as may be required by  the  commis-
sioner  or  his  agent  and  which,  with respect to new vehicles, shall
include, unless otherwise specifically provided by the commissioner, the
manufacturer's statement of origin. Applications received by an agent of
the commissioner shall be forwarded to  the  commissioner  as  he  shall
direct  for  filing.  No  application for registration shall be accepted
unless the applicant is at least sixteen years of age.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided, however, that section two of this act shall
take  effect on October 3, 2013; and provided further that section three
of this act shall take effect on October 3, 2016.