S T A T E O F N E W Y O R K
________________________________________________________________________
1100--A
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________
Introduced by Sens. RIVERA, DILAN, KENNEDY, PERALTA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- recommitted to the Committee on Transportation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law and the executive law, in
relation to enabling veterans and reservists to receive benefit infor-
mation upon applying for or renewing a driver's license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 502 of the vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
1-A. SPECIAL PROVISIONS FOR VETERANS. IN ADDITION TO THE REQUIREMENTS
FOR LICENSE APPLICATIONS UNDER SUBDIVISION ONE OF THIS SECTION, THE
COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION TO
ENABLE ANY APPLICANT WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, OR AS A RESERVIST IN ONE OF THE RESERVE COMPONENTS OF THE ARMED
FORCES LISTED IN 10 U.S.C. § 10101, AND RECEIVED AN HONORABLE DISCHARGE
OR WAS RELEASED THEREFROM UNDER HONORABLE CONDITIONS, TO REGISTER TO
RECEIVE INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL OR
TELEPHONE REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND
THAT THE FOLLOWING IS STATED ON THE APPLICATION: "BY CHECKING THIS BOX,
YOU CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE UNITED STATES, OR
AS A RESERVIST IN ONE OF THE RESERVE COMPONENTS OF THE ARMED FORCES
LISTED IN 10 U.S.C. § 10101, AND YOU GIVE PERMISSION TO THE DEPARTMENT
OF MOTOR VEHICLES TO SHARE YOUR NAME AND CONTACT INFORMATION WITH THE
DIVISION OF VETERANS' AFFAIRS TO ENABLE THE DIVISION OF VETERANS'
AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL REGARDING BENEFITS
TO WHICH YOU MAY BE ENTITLED". PROOF OF VETERAN STATUS SHALL BE DEMON-
STRATED IN THE SAME MANNER REQUIRED BY THE COMMISSIONER TO RECEIVE A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01091-02-7
S. 1100--A 2
VETERAN NOTATION PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF
SECTION FOUR HUNDRED NINETY OF THIS CHAPTER AND PARAGRAPH (A-1) OF
SUBDIVISION ONE OF SECTION FIVE HUNDRED FOUR OF THIS ARTICLE, WHICH MAY
CONSIST OF A CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY
INCLUDING, BUT NOT LIMITED TO A DD FORM 214, LEAVE AND EARNING STATE-
MENTS FOR SERVICE AS A RESERVIST IN ONE OF THE RESERVE COMPONENTS OF THE
ARMED FORCES LISTED IN 10 U.S.C. § 10101 OR OTHER PROOF SATISFACTORY TO
THE COMMISSIONER. PROVIDED, HOWEVER, THAT AN APPLICANT'S VETERAN STATUS
SHALL NOT BE DISCLOSED TO ANY PERSON OR ENTITY OTHER THAN THE DIVISION
OF VETERANS' AFFAIRS, AND SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDI-
VISION TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.
§ 2. 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, and if
required by the commissioner a photo image of the applicant in such
numbers and form as the commissioner shall prescribe. IN ADDITION, THE
COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION FOR
RENEWAL TO ENABLE ANY APPLICANT WHO WAS A MEMBER OF THE ARMED FORCES OF
THE UNITED STATES, OR AS A RESERVIST IN ONE OF THE RESERVE COMPONENTS OF
THE ARMED FORCES LISTED IN 10 U.S.C. § 10101, AND RECEIVED AN HONORABLE
DISCHARGE OR WAS RELEASED THEREFROM UNDER HONORABLE CONDITIONS TO REGIS-
TER TO RECEIVE INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY
EMAIL OR TELEPHONE REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE
ENTITLED AND THAT THE FOLLOWING IS STATED ON THE APPLICATION FOR
RENEWAL: "BY CHECKING THIS BOX, YOU CERTIFY THAT YOU SERVED IN THE ARMED
FORCES OF THE UNITED STATES, OR AS A RESERVIST IN ONE OF THE RESERVE
COMPONENTS OF THE ARMED FORCES LISTED IN 10 U.S.C. § 10101, AND YOU GIVE
PERMISSION TO THE DEPARTMENT OF MOTOR VEHICLES TO SHARE YOUR NAME AND
CONTACT INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE THE
DIVISION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR
MAIL REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED". 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 requirements imposed upon states by
sections 383.141 and 1572.13 of title 49 of the code of federal regu-
lations. 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 inconsistent with the provisions of
section five hundred sixteen of this title, and except that the commis-
sioner may refuse to renew such license if the 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.
PROVIDED, HOWEVER, THAT AN APPLICANT'S VETERAN STATUS SHALL NOT BE
DISCLOSED TO ANY PERSON OR ENTITY OTHER THAN THE DIVISION OF VETERANS'
AFFAIRS, AND SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVISION TWO OF
SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.
§ 3. Subdivision 3 of section 490 of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
S. 1100--A 3
(D) IN ADDITION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED
ON THE APPLICATION AND THE APPLICATION FOR RENEWAL TO ENABLE ANY APPLI-
CANT WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, OR AS A
RESERVIST IN ONE OF THE RESERVE COMPONENTS OF THE ARMED FORCES LISTED IN
10 U.S.C. § 10101, AND RECEIVED AN HONORABLE DISCHARGE OR WAS RELEASED
THEREFROM UNDER HONORABLE CONDITIONS TO REGISTER TO RECEIVE INFORMATION
FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL, TELEPHONE OR MAIL
REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT THE
FOLLOWING IS STATED ON THE APPLICATION AND APPLICATION FOR RENEWAL: "BY
CHECKING THIS BOX, YOU CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF
THE UNITED STATES , OR AS A RESERVIST IN ONE OF THE RESERVE COMPONENTS
OF THE ARMED FORCES LISTED IN 10 U.S.C. § 10101, AND YOU GIVE PERMIS-
SION TO THE DEPARTMENT OF MOTOR VEHICLES TO SHARE YOUR NAME AND CONTACT
INFORMATION WITH THE DIVISION OF VETERANS' AFFAIRS TO ENABLE THE DIVI-
SION OF VETERANS' AFFAIRS TO CONTACT YOU VIA EMAIL, TELEPHONE OR MAIL
REGARDING BENEFITS TO WHICH YOU MAY BE ENTITLED". PROVIDED, HOWEVER,
THAT AN APPLICANT'S VETERAN STATUS SHALL NOT BE DISCLOSED TO ANY PERSON
OR ENTITY OTHER THAN THE DIVISION OF VETERANS' AFFAIRS, AND SHALL BE
EXEMPT FROM THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY-SEVEN OF
THE PUBLIC OFFICERS LAW.
§ 4. Section 508 of the vehicle and traffic law is amended by adding a
new subdivision 6 to read as follows:
6. THE COMMISSIONER SHALL APPOINT AGENTS TO ACT ON HIS OR HER BEHALF
TO COLLECT, STORE AND MAKE AVAILABLE TO THE DIVISION OF VETERANS'
AFFAIRS THE NAME AND CONTACT INFORMATION, WHICH INCLUDE EMAIL ADDRESS,
TELEPHONE NUMBER AND/OR MAILING ADDRESS, OF AN APPLICANT WHO WAS A
MEMBER OF THE ARMED FORCES OF THE UNITED STATES, OR AS A RESERVIST IN
ONE OF THE RESERVE COMPONENTS OF THE ARMED FORCES LISTED IN 10 U.S.C. §
10101, AND RECEIVED AN HONORABLE DISCHARGE OR WAS RELEASED THEREFROM
UNDER HONORABLE CONDITIONS AND WHO REQUESTS TO RECEIVE BENEFIT INFORMA-
TION FROM THE DIVISION OF VETERANS' AFFAIRS PURSUANT TO SUBDIVISION
ONE-A OR PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FIVE HUNDRED TWO OF
THIS ARTICLE.
§ 5. Section 353 of the executive law is amended by adding a new
subdivision 24 to read as follows:
24. TO COORDINATE WITH THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO
SUBDIVISION ONE-A OR PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION FIVE
HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW TO RETRIEVE NAME AND CONTACT
INFORMATION OF APPLICANTS WHO WERE MEMBERS OF THE ARMED FORCES OF THE
UNITED STATES, OR AS A RESERVIST IN ONE OF THE RESERVE COMPONENTS OF THE
ARMED FORCES LISTED IN 10 U.S.C. § 10101, AND RECEIVED AN HONORABLE
DISCHARGE OR WAS RELEASED THEREFROM UNDER HONORABLE CONDITIONS WHO ARE
APPLYING FOR OR RENEWING THEIR DRIVER'S LICENSES AND WHO REQUEST TO BE
CONTACTED BY THE DIVISION VIA EMAIL, TELEPHONE OR MAIL REGARDING BENE-
FITS TO WHICH THEY MAY BE ENTITLED. PROVIDED, HOWEVER, THAT AN APPLI-
CANT'S VETERAN STATUS SHALL NOT BE DISCLOSED TO ANY PERSON OR ENTITY
OTHER THAN THE DIVISION OF VETERANS' AFFAIRS, AND SHALL BE EXEMPT FROM
THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC
OFFICERS LAW.
§ 6. Subdivision 3 of section 502 of the vehicle and traffic law, as
amended by chapter 97 of the laws of 2016, is amended to read as
follows:
3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. THE COMMIS-
SIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION TO ENABLE
ANY APPLICANT WHO WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES,
S. 1100--A 4
OR AS A RESERVIST IN ONE OF THE RESERVE COMPONENTS OF THE ARMED FORCES
LISTED IN 10 U.S.C. § 10101, AND RECEIVED AN HONORABLE DISCHARGE OR WAS
RELEASED THEREFROM UNDER HONORABLE CONDITIONS, TO REGISTER OR RECEIVE
INFORMATION FROM THE DIVISION OF VETERANS' AFFAIRS BY EMAIL OR TELEPHONE
REGARDING BENEFITS TO WHICH SUCH APPLICANT MAY BE ENTITLED AND THAT THE
FOLLOWING IS STATED ON THE APPLICATION: "BY CHECKING THIS BOX, YOU
CERTIFY THAT YOU SERVED IN THE ARMED FORCES OF THE UNITED STATES, OR AS
A RESERVIST IN ONE OF THE RESERVE COMPONENTS OF THE ARMED FORCES LISTED
IN 10 U.S.C. § 10101, AND YOU GIVE PERMISSION TO THE DEPARTMENT OF MOTOR
VEHICLES TO SHARE YOUR NAME AND CONTACT INFORMATION WITH THE DIVISION OF
VETERANS' AFFAIRS TO ENABLE THE DIVISION OF VETERANS' AFFAIRS TO CONTACT
YOU VIA EMAIL, TELEPHONE OR MAIL REGARDING BENEFITS TO WHICH YOU MAY BE
ENTITLED". PROOF OF VETERAN STATUS SHALL BE DEMONSTRATED IN THE SAME
MANNER REQUIRED BY THE COMMISSIONER TO RECEIVE A VETERAN NOTATION PURSU-
ANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FOUR HUNDRED NINETY
OF THIS CHAPTER AND PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION FIVE
HUNDRED FOUR OF THIS ARTICLE, WHICH MAY CONSIST OF A CERTIFICATE OF
RELEASE OR DISCHARGE FROM ACTIVE DUTY INCLUDING, BUT NOT LIMITED TO A DD
FORM 214, LEAVE AND EARNING STATEMENTS FOR SERVICE AS A RESERVIST IN ONE
OF THE RESERVE COMPONENTS OF THE ARMED FORCES LISTED IN 10 U.S.C. §
10101 OR OTHER PROOF SATISFACTORY TO THE COMMISSIONER. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an applica-
tion for a learner's permit the commissioner shall provide the applicant
with a driver's manual which includes but is not limited to the laws
relating to traffic, the laws relating to and physiological effects of
driving while ability impaired and driving while intoxicated, the law
for exercising due care to avoid colliding with a parked, stopped or
standing vehicle pursuant to section eleven hundred forty-four-a of this
chapter, explanations of traffic signs and symbols and such other
matters as the commissioner may prescribe. PROVIDED, HOWEVER, THAT AN
APPLICANT'S VETERAN STATUS SHALL NOT BE DISCLOSED TO ANY PERSON OR ENTI-
TY OTHER THAN THE DIVISION OF VETERANS' AFFAIRS, AND SHALL BE EXEMPT
FROM THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHT-SEVEN OF THE
PUBLIC OFFICERS LAW.
§ 7. This act shall take effect one year after it shall have become a
law. Provided, however, that effective immediately any actions necessary
to implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.
