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