S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    91
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  identifica-
   tion  requirements  for  obtaining  a  driver's license; and to repeal
   certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
 section 490 of the vehicle and traffic law, as amended by chapter 487 of
 the laws of 2012, is amended to read as follows:
   (i) The commissioner shall upon submission of an appropriate  applica-
 tion,  upon payment of the prescribed fee, and upon being satisfied that
 the person described is the applicant and that such applicant meets  the
 requirements set forth in subdivision two of this section, issue to such
 applicant  a  nontransferable  identification  card.    In addition, the
 commissioner also shall require that an applicant for an  identification
 card  or  renewal thereof provide his or her social security number OR A
 FOREIGN PASSPORT AS PROOF OF IDENTITY, PROVIDED THAT THE PASSPORT EXHIB-
 ITS PROOF OF THE APPLICANT'S LEGAL ENTRY INTO THE UNITED  STATES.    The
 commissioner  shall  provide  space  so  that an applicant may request a
 notation upon such identification card that he or she is  a  veteran  of
 the United States armed forces.
   §  2.  Subdivision  1 of section 502 of the vehicle and traffic law is
 REPEALED and a new subdivision 1 is added to read as follows: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. THE COMMIS-
 SIONER MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL INCLUDE THE
 TAKING OF A PHOTO IMAGE OR IMAGES OF THE APPLICANT  IN  ACCORDANCE  WITH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05249-01-9

 A. 91                               2
 
 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  A  FOREIGN  PASSPORT AS PROOF OF IDENTITY,
 PROVIDED THAT THE PASSPORT EXHIBITS PROOF OF THE APPLICANT'S LEGAL ENTRY
 INTO  THE  UNITED  STATES, AND 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  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
 RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". 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. WHERE AN
 APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR  REGIS-
 TERED  IN  THE  DONATE  LIFE  REGISTRY, CHECKING "SKIP THIS QUESTION" OR
 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT  CONSENT  OR  REGISTRATION.
 IN  ADDITION,  THE COMMISSIONER SHALL PROVIDE SPACE SO THAT AN APPLICANT
 MAY REQUEST A NOTATION UPON SUCH IDENTIFICATION CARD THAT HE OR SHE IS A
 VETERAN OF THE UNITED STATES ARMED FORCES. IN ADDITION, AN APPLICANT FOR
 A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR  VEHI-
 CLE  IN  INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH APPLICANT 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 REGU-
 LATIONS, AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES  SECRETARY
 OF  TRANSPORTATION  UNDER THE HAZARDOUS MATERIALS TRANSPORTATION 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 DRIV-
 ER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE  APPLICA-
 TION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
   §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 added by section two of this act, 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. The commis-
 sioner 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  a  foreign  passport as proof of identity,
 provided that the passport exhibits proof of the applicant's legal entry
 into the United States, and [shall] provide space on the application  so

 A. 91                               3
 
 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  the  department  of  health  shall not maintain
 records of any person who checks "skip this question". 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. Where an
 applicant has previously consented to make an anatomical gift or  regis-
 tered  in  the  donate  life  registry, checking "skip this question" or
 failing to check a box shall not impair that consent  or  registration].
 In  addition,  the commissioner shall provide space so that an applicant
 may request a notation upon such identification card that he or she is a
 veteran of the United States armed forces. In addition, an applicant for
 a commercial driver's license who will operate a commercial motor  vehi-
 cle  in  interstate commerce shall certify that such applicant 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 regu-
 lations, and all regulations promulgated by the United States  secretary
 of  transportation  under the hazardous materials transportation 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 driv-
 er's license has made any false statement, with respect to the  applica-
 tion for such license, the commissioner shall revoke such license.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that section  three  of  this  act
 shall take effect October 3, 2020.