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

                                  7233

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

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

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;  to  repeal   certain
  provisions  of such law relating thereto; and providing for the repeal
  of certain provisions upon expiration thereof

  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. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
of the vehicle and traffic law, as amended by chapter 487 of the laws of
2012, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05843-01-3
              

A. 7233                             2

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.  The commissioner shall provide space so that an appli-
cant may request a notation upon such identification card that he or she
is a veteran of the United States armed forces.
  S 3. 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, 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. 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. 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 driv-
er's license has made any false statement, with respect to the  applica-
tion for such license, the commissioner shall revoke such license.
  S  4.  Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by section 1 of part D of chapter 58 and chapter  487
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, 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

A. 7233                             3

(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
SHALL provide space on the application so that the applicant may  regis-
ter  in the New York state organ and tissue donor registry under section
forty-three hundred ten of the public health law[, and] WITH THE FOLLOW-
ING 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.
THE APPLICATION SHALL PROVIDE space 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 appli-
cant for a commercial driver's license shall submit  a  medical  certif-
icate  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 certif-
ication" 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  5.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 465 of the laws of 2012, is REPEALED.
  S 6. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
separately  amended by section 1 of part D of chapter 58 and chapter 487
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,  PROVIDED,

A. 7233                             4

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, and space so that the appli-
cant may request a notation upon such license that he or she is a veter-
an  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 regu-
lations, 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 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 driv-
er's license has made any false statement, with respect to the  applica-
tion for such license, the commissioner shall revoke such license.
  S  7. 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

A. 7233                             5

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 8. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law; provided, however, that sections two and
four of this act shall take effect on the same  date  and  in  the  same
manner  as  chapter  487  of  the  laws  of 2012, takes effect; provided
further that the amendments to subdivision 1 of section 502 of the vehi-
cle and traffic law made by section four of this act shall expire and be
deemed repealed October 3, 2016 when upon such date section six of  this
act  shall  take effect.  Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made on or  before
such date.