senate Bill S1320

2013-2014 Legislative Session

Authorizes the commissioner of motor vehicles to issue driving privilege cards to persons not otherwise qualified to receive a driver's license

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S1320 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง531, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S318
2009-2010: S2184

S1320 - Bill Texts

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Authorizes the commissioner to issue driving privilege cards to persons not otherwise qualified to receive a driver's license.

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BILL NUMBER:S1320

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the issuance of
driving privilege cards

PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize the commissioner to issue driving privilege
cards to persons not otherwise qualified to receive a driver's license.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the Vehicle and Traffic Law by adding a new section
531. Allows the Commissioner to issue a driving privilege card.
Establishes requirements and specifications under which such driving
card may be issued. Requires the applicant such card to pay all fees
applicable for the issuance of a driver's license. Provides that a
driving privilege card shall be valid for one year from date of
issue. Establishes that the holder of such card shall have 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. Prohibits a driving privilege card from being
recognized as a form of identification except for the purpose of
verifying that the holder is authorized to operate a motor vehicle.
Requires the driving privilege card to include a digitized picture of
the person to whom the card is issued. Provides for a statement
similar to the following to be contained on such card; "This card
entitles the person pictured to operate a motor vehicle. Not for
Federal identification purposes." Requires the commissioner to
promulgate regulations related to the form and design of such card
and specifies the documentation necessary to verify that a
n applicant resides in the state.

Section 2. Effective Date

EXISTING LAW: None.

JUSTIFICATION:
This bill would allow for the creation of a driving privilege card to
be issued to applicants who can prove state residency and who are
deemed eligible to drive. Drivers using a privilege card are bound by
the same legal responsibilities, such as insurance coverage, as
regularly licensed drivers.

PRIOR LEGISLATIVE HISTORY:
2012: S.318 - Referred to Veterans, Homeland Security and Military
Affairs
2011: S.318 - S.318 Notice of Committee Consideration Requested,
Committee Discharged and Committed to Veterans, Homeland Security and
Military Affairs
2010: S.2184 - Referred to Transportation/A.328
Enacting Clause Stricken
2009: S.2184 - Referred to
Transportation/A.328 Referred to Transportation
2007-08: A.7531 - Referred to Transportation


FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law.

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                    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.

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