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.