S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10171
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  application
   for  a  driver's license; and to repeal certain provisions of such law
   related thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of section 502 of the vehicle and traffic
 law, as amended by chapter 37 of the laws of 2019, 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.  With
 respect  to  a non-commercial driver's license or learner's permit which
 does not meet federal standards for identification, in addition  to  the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, a valid, unexpired foreign passport
 issued  by  the  applicant's country of citizenship (which shall also be
 eligible as proof of age), a valid,  unexpired  consular  identification
 document  issued by a consulate from the applicant's country of citizen-
 ship, or a valid, UNEXPIRED foreign driver's  license  that  includes  a
 photo image of the applicant [and which is unexpired or expired for less
 than  twenty-four months of its date of expiration,] as primary forms of
 such proof. Nothing contained in this subdivision  shall  be  deemed  to
 preclude  the  commissioner from approving additional proofs of identity
 and age, PROVIDED THAT ANY SUCH PROOF MUST BE BOTH VALID AND  UNEXPIRED.
 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 or, in lieu thereof, with respect to
 an application for a non-commercial driver's license or learner's permit
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15517-01-0

 A. 10171                            2
 
 which does not meet federal standards for identification,  an  affidavit
 signed by such applicant that they have not been issued a social securi-
 ty  number. THE COMMISSIONER ALSO SHALL PROVIDE SPACE ON THE APPLICATION
 SO  THAT  THE APPLICANT MAY REQUEST A NOTATION UPON SUCH LICENSE THAT HE
 OR SHE IS A VETERAN OF THE UNITED STATES ARMED FORCES. The  commissioner
 also  shall  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 with the
 following 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 health shall not maintain records  of  any  person
 who checks "skip this question". Except where the application is made in
 person  or  electronically,  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, except as otherwise provided pursuant to
 the provisions of paragraph (b) of subdivision  one  of  section  forty-
 three  hundred  one  of  the  public  health law. Where an applicant has
 previously consented to make an anatomical gift  or  registered  in  the
 donate  life registry, checking "skip this question" or failing to check
 a box shall not impair that consent or  registration.  In  addition,  an
 applicant  for  a commercial driver's license who will operate a commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant 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 trans-
 portation 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 driver's license has made any false statement, with respect
 to the application for such license, the commissioner shall revoke  such
 license.
   §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   § 3. This act shall take effect immediately.