NY State Senate Bill 2019-S4148

Senate Bill S4148

2019-2020 Legislative Session

Relates to the issuance of driver's licenses and emergency medical personnel designation; repealer

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Mar 01, 2019	referred to transportation

co-Sponsors

2019-S4148 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §502 sub 1, amd §§502 & 504, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5444
2015-2016: S2554
2017-2018: S2355
2021-2022: S4664
2023-2024: S7901

2019-S4148 (ACTIVE) - Summary

Relates to the issuance of driver's licenses and emergency medical personnel designation.

2019-S4148 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4148

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to issuance of driver's licenses and emergency medical person-
nel designation; and to repeal certain provisions of such law relating
thereto

 
PURPOSE:

Allows the use of alternate forms of identification where an applicant
for a driver's license does not have a social security number or Indi-
vidual Tax Identification Number (ITIN).

 
SUMMARY OF PROVISIONS:

Section 1: If an applicant does not have a social security number or
ITIN, identification for a driver's license can include an individual
tax identification number, or the submission of a sworn statement, made
under the penalty of perjury, stating that the applicant does not have a
social security number or an individual tax identification number, along

with another acceptable identifier.

Section 2: For purposes of this section an acceptable identifier shall
include, but not be limited to, a foreign passport, or a receipt from
the United States immigration and Naturalization Service (INS) stating
that an application or petition has been submitted, an approval notice
from the INS stating that an application or petition has been received,
or an application for extension of form 1-94 to extend an applicant's
legal presence. The commissioner shall consider the following acceptable
forms of application or petitions:  1-130, 1-40, 1-360, 1-485, 1-526,
1-590, 1-698, 1-817 and 1-891 or any other federal documentation used to
obtain lawful immigration status.

Section 3: Application for license.

Section 4: Section (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 canceled is amended proofs
of prior licensing, fitness and acceptable vision prescribed by the
commissioner, or any of the forms of identification acceptable to the
commissioner Pursuant to subdivision one of this section.

Section 5: This act shall take effect on the 120th day after it shall
have become law; with provisions.

 
JUSTIFICATION:

To obtain a driver's license in New York, a person must have either a
Social Security number (SSN) or present a letter from the Social Securi-
ty Administration along with official immigration documentation showing
that the person is not eligible for a SSM. As a result of this inflexi-
ble requirement, a large number of legal immigrants are denied a driv-
er's license. While some of these immigrants choose to use public trans-
portation, others choose to use false documents to obtain a license or
feel forced to drive illegally in order to go to work, etc.

 
LEGISLATIVE HISTORY:

2017-18: 52355 - Referred to Transportation
2015-2016: S.2554B - Amended and Recommitted to Transportation
2013-2014: S.5444A - Amended and Recommitted to Transportation
2005-06: S1349-A - Referred to Transportation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law; provided that the commissioner of motor vehicles is authorized and
directed to promulgate any rules and regulations necessary to implement
the provisions of this act on its effective date.

2019-S4148 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4148
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 Introduced  by  Sens.  PARKER, RIVERA -- 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 issuance  of
   driver's  licenses and emergency medical personnel designation; 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.    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.  ACCEPTABLE
 PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED TO FOREIGN PASSPORTS
 (VISA STAMPS ARE NOT REQUIRED), VALID DOCUMENTATION ISSUED BY USCIS  AND
 CONSULAR  IDENTIFICATION  DOCUMENTS.  ELIGIBILITY FOR A DRIVERS' LICENSE
 SHALL NOT BE CONDITIONED ON A PARTICULAR IMMIGRATION STATUS. 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  WHERE  SUCH APPLICANT IS A LEGAL IMMIGRANT, OR
 INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN) OR  A  LETTER  OR  FORM
 FROM  THE  UNITED STATES SOCIAL SECURITY ADMINISTRATION THAT STATES THAT
 THE APPLICANT IS NOT ELIGIBLE OR SUBMIT  A  SWORN  STATEMENT  UNDER  THE
 PENALTY  OF  PERJURY,  STATING THAT THE APPLICANT DOES NOT HAVE A SOCIAL
 SECURITY NUMBER OR ITIN, 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10392-01-9

 S. 4148                             2
 
   "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  ALSO  SHALL  REQUIRE  THAT  SPACE  SHALL  BE
 PROVIDED 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  AND SPACE SO THAT THE APPLICANT MAY REQUEST A NOTATION UPON SUCH
 LICENSE THAT HE OR SHE IS AN EMERGENCY MEDICAL PERSONNEL.  IN  ADDITION,
 AN  APPLICANT  FOR  A  COMMERCIAL  DRIVER'S  LICENSE  WHO WILL OPERATE A
 COMMERCIAL MOTOR VEHICLE 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  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
 added by section one 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.  Acceptable
 proof of identity shall include, but not be limited to foreign passports
 (visa  stamps are not required), valid documentation issued by USCIS and
 consular identification documents. Eligibility for  a  drivers'  license
 shall  not  be  conditioned  on  a  particular immigration status.   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 where such applicant is a legal  immi-
 grant,  or  individual taxpayer identification number (ITIN) or a letter
 or form from the  United  States  social  security  administration  that
 states  that  the  applicant is not eligible or submit a sworn statement
 under the penalty of perjury, stating that the applicant does not have a

 S. 4148                             3

 social security number of ITIN, and [shall] provide space on the  appli-
 cation  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. When 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  also shall require that space shall be
 provided 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 and space so that the applicant may request a notation upon  such
 license  that he or she is an emergency medical personnel.  In addition,
 an applicant for a  commercial  driver's  license  who  will  operate  a
 commercial  motor vehicle 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 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.
   §  3. 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, OR INDIVIDUAL
 TAXPAYER IDENTIFICATION NUMBER (ITIN) OR  A  LETTER  OR  FORM  FROM  THE
 UNITED STATES SOCIAL SECURITY ADMINISTRATION THAT STATES THAT THE APPLI-
 CANT  IS  NOT  ELIGIBLE OR SUBMIT A SWORN STATEMENT UNDER THE PENALTY OF
 PERJURY, STATING THAT THE APPLICANT DOES  NOT  HAVE  A  SOCIAL  SECURITY
 NUMBER OR ITIN, and if required by the commissioner a photo image of the

 S. 4148                             4
 
 applicant  in such numbers and form as the commissioner shall prescribe.
 In addition, an applicant for renewal of a license containing a  hazard-
 ous  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 regulations. 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 commissioner 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.
   § 4. Subdivision 1 of section 504 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (a-2) to read as follows:
   (A-2)  EVERY  LICENSE OR RENEWAL THEREOF ISSUED TO AN APPLICANT WHO IS
 AN EMERGENCY MEDICAL PERSONNEL, UPON HIS OR HER REQUEST  AND  SUBMISSION
 OF  PROOF  AS  SET  FORTH HEREIN, CONTAIN A DISTINGUISHING MARK, IN SUCH
 FORM AS THE COMMISSIONER SHALL DETERMINE, INDICATING THAT HE OR  SHE  IS
 AN  EMERGENCY  MEDICAL  PERSONNEL. SUCH PROOF SHALL CONSIST OF ANY PROOF
 SATISFACTORY TO THE COMMISSIONER. THE  COMMISSIONER  SHALL  NOT  REQUIRE
 FEES  FOR  THE  ISSUANCE OF SUCH LICENSES OR RENEWALS THEREOF TO PERSONS
 REQUESTING AN EMERGENCY MEDICAL PERSONNEL NOTATION  WHICH  IS  DIFFERENT
 FROM FEES OTHERWISE REQUIRED.
   § 5. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law; provided, however, that section two of this
 act shall take effect October 3, 2021.

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Senate Bill S4148

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Sponsored By

Kevin S. Parker