NY State Senate Bill 2019-S6910

Senate Bill S6910

2019-2020 Legislative Session

Relates to implementing driving privilege licenses and requiring a social security number to register to vote on an application for a motor vehicle driver's license; 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
Dec 18, 2019	referred to rules

co-Sponsors

2019-S6910 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §502 sub 1, amd §§501 & 502, V & T L; amd §5-212, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4447
2023-2024: S5244

2019-S6910 (ACTIVE) - Summary

Implements driving privilege licenses for applicants with alternative forms of identification and requires a social security number to register to vote on an application for a motor vehicle driver's license.

2019-S6910 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6910

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to driving
privilege licenses and making technical corrections; to amend the
election law, in relation to registering to vote on an application for a
motor vehicle driver's license; and to repeal certain provisions of the
vehicle and traffic law related thereto

 
SUMMARY OF PROVISIONS::

Section 1 amends Section 501 of the Vehicle and Traffic Law by providing
for the issuance of driving privilege licenses, a new classification of
license for use in non-commercial vehicles. It includes stipulations
that said driving privilege license shall not be used for identification
purposes.

Section 2 makes a technical correction relating to the Laws of 2012.

Section 3 amends Section 502 of the Vehicle and Traffic Law by replacing

citations of "non-commercial drivers' license or learner's permit which
does not meet federal standards for identification", as added by Ch. 37
of the Laws of 2019, with "driving privilege license".  These citations
are in reference to types of acceptable proofs as created by Ch. 37. It
also makes technical corrections relating to the Laws of 2012.

Section 4 amends Section 502 of the Vehicle and Traffic Law by replacing
citations in the same manner as Section 3 of this bill with relation to
a signed affidavit that an applicant does not have a Social Security
Card.

Section 5 amends Section 502 of the Vehicle and Traffic Law requiring
that drivers privilege licenses using alternative forms of identifica-
tion shall be visually distinct from federal-compliant drivers licenses
and shall include the statement "FOR DRIVING PRIVILEGES ONLY - NOT VALID
FOR IDENTIFICATION" on the card. It also includes a definition of alter-
native forms of identification and replaces Ch. 37 citations with "driv-
ers privilege card" as above.

Section 6 amends Section 5-212 of the Election Law, requiring that any
application to vote "made simultaneously and integrated with an applica-
tion for a motor vehicle drivers' license" shall require the applicant
to provide their Social Security number.

Section 7 sets forth the effective date.

 
JUSTIFICATION:

In 2019, New York State enacted the "Drivers' License Access and Privacy
Act", Chapter 37 of the Laws of 2019. This legislation "allow(ed) for
the issuance of a drivers' license" to undocumented immigrants, promis-
ing to "protect the data of those applying for such privilege from
unwarranted release". Enacting Chapter 37 as written, however, has
potentially significant effects of undermining electoral legitimacy in
New York State. Additionally, it has several negative impacts on public
safety. Specifically, Chapter 37 creates a system by which any individ-
ual bearing foreign credentials - which cannot be reasonably confirmed
as authentic by local motor vehicle offices - can gain a drivers'
license, which can be used as valid state identification. Put succinct-
ly, the current law provides that New York State shall issue valid State
identification to individuals whose identity it can not reasonably
confirm.

Throughout the United States, many states allow undocumented immigrants
to drive using systems creating "driver privilege licenses" or cards,
which permit these undocumented immigrants to drive to and from their
homes. Many states also have related provisions under different names.
In these states - a varied and diverse list of states ranging from Utah
to Delaware, Illinois, and California - the law provides that undocu-
mented immigrants may drive, but may not use their cards for identifica-
tion purposes. By doing so, these states can reap the claimed economic
benefits from these policies without diluting the value of a state-is-
sued identification. With a driver's license used for identification
purposes, an individual can rent a car, open a bank account, enter unse-
cured federal facilities, and other activities - all activities that can
now be done without the State being able to confirm an individual's
identity.

This legislation will bring New York State into conformity with the
model of other states by creating a "driving privilege license" for
those applicants with alternative forms of identification. These
provisions will supplement the model created by Chapter 37 by separating
the driving privilege license type out from standard issue drivers'
licenses, and providing that these driving privilege license cannot be
used for identification purposes. This will ensure New York State's
drivers' licenses cannot be used for false identification, the possibil-
ity of which has numerous negative ramifications for public safety. This
bill will restore the value of New York State-issued identification.

In addition to important public safety provisions, this bill corrects an
oversight in Chapter 37 which could endanger public trust in the elec-
toral process. It amends the election law by providing that voter regis-
trations included with drivers licenses require applicants to provide
their social security number, ensuring that undocumented immigrants
cannot register to vote while applying for a driving privilege license,
including both written and electronic forms.

 
LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE::

In the same date and same manner as Chapter 37 of the Laws of 2019.

2019-S6910 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6910
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 18, 2019
                                ___________
 
 Introduced  by  Sen.  JORDAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  driving
   privilege  licenses  and  making  technical  corrections; to amend the
   election law, in relation to registering to vote on an application for
   a motor vehicle driver's license; and to repeal certain provisions  of
   the vehicle and traffic law related thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 501 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  DRIVING PRIVILEGE LICENSES. (A) THE COMMISSIONER SHALL ISSUE DRIV-
 ING PRIVILEGE LICENSES AS PROVIDED IN THIS ARTICLE. SUCH  LICENSE  SHALL
 BE VALID ONLY FOR THE OPERATION OF A MOTOR VEHICLE OF A TYPE WHICH COULD
 BE  OPERATED BY THE HOLDER OF THE CLASS OF LICENSE FOR WHICH APPLICATION
 IS BEING MADE, PROVIDED, HOWEVER THAT NO DRIVING PRIVILEGE LICENSE SHALL
 BE ISSUED WHICH WOULD BE EQUIVALENT TO A COMMERCIAL DRIVER'S LICENSE.
   (B) (I) NO  GOVERNMENTAL  ENTITY  SHALL  ACCEPT  A  DRIVING  PRIVILEGE
 LICENSE AS PROOF OF PERSONAL IDENTIFICATION.
   (II)  NO DRIVING PRIVILEGE LICENSE SHALL BE USED AS A DOCUMENT PROVID-
 ING PROOF OF A PERSON'S AGE FOR ANY GOVERNMENT REQUIRED PURPOSE.
   § 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.  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]  DRIVING  PRIVILEGE  license  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14258-02-9

 S. 6910                             2
 
 learner's  permit  which does not meet federal standards for identifica-
 tion, in addition to the acceptable proofs of age and identity  approved
 by the commissioner as of January first, two thousand nineteen, accepta-
 ble  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  citizenship,  or a valid foreign driver's
 license that includes a photo image of the applicant and which is  unex-
 pired or expired for less than twenty-four months of its date of expira-
 tion, as primary forms of such proof. Nothing contained in this subdivi-
 sion  shall  be  deemed  to  preclude  the  commissioner  from approving
 additional proofs of identity  and  age.    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 commission-
 er also shall require that the applicant provide his or her social secu-
 rity  number  or,  in lieu thereof, with respect to an application for a
 [non-commercial driver's] DRIVING PRIVILEGE license or learner's  permit
 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 SO THAT THE  APPLI-
 CANT  MAY  REQUEST  A NOTATION UPON SUCH LICENSE THAT THE APPLICANT IS A
 VETERAN OF THE UNITED STATES ARMED FORCES, 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 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

 S. 6910                             3
 
 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.
   § 4. Paragraph (a) of subdivision 6 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:
   (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,  in  lieu
 thereof,  with respect to an application for a [non-commercial driver's]
 DRIVING PRIVILEGE license or learner's permit which does not meet feder-
 al standards for identification, an affidavit signed by  such  applicant
 that they have not been issued a 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, 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  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.
   §  5.  Subdivision 8 of section 502 of the vehicle and traffic law, as
 added by chapter 37 of the laws of 2019, is amended to read as follows:
   8. Non-commercial drivers' licenses and learners' permits which do not
 meet federal standards for identification. [(a)] Non-commercial drivers'
 licenses and learners' permits which do not meet federal  standards  for
 identification  shall  be  issued in such form as the commissioner shall
 determine, provided that such licenses and  permits  shall  be  visually
 identical  to  non-commercial  drivers'  licenses  and learners' permits
 which do meet federal standards  for  identification  except  that  such
 licenses  and  permits  may  state "Not for Federal Purposes". Provided,
 however, that the commissioner may promulgate regulations providing  for
 additional design or color indicators for both such non-commercial driv-
 ers'  licenses  and learners' permits if required to comply with federal
 law.
   9. DRIVING PRIVILEGE LICENSES AND LEARNERS' PERMITS APPLIED  FOR  WITH
 ALTERNATIVE  FORMS OF IDENTIFICATION. (A) DRIVING PRIVILEGE LICENSES AND
 LEARNERS' PERMITS APPLIED FOR WITH ALTERNATIVE FORMS  OF  IDENTIFICATION
 SHALL  BE  ISSUED  IN  SUCH  FORM  AS  THE COMMISSIONER SHALL DETERMINE,
 PROVIDED THAT SUCH LICENSES AND PERMITS SHALL BE  VISUALLY  DISTINCT  TO
 NON-COMMERCIAL  DRIVERS'  LICENSES  AND  LEARNERS' PERMITS WHICH DO MEET
 FEDERAL STANDARDS FOR IDENTIFICATION INCLUDING, BUT NOT LIMITED TO, THAT
 SUCH LICENSES AND PERMITS SHALL STATE A PHRASE SUBSTANTIALLY SIMILAR  TO

 S. 6910                             4

 "FOR  DRIVING PRIVILEGES ONLY - NOT VALID FOR IDENTIFICATION". PROVIDED,
 HOWEVER, THAT THE COMMISSIONER MAY PROMULGATE REGULATIONS PROVIDING  FOR
 ADDITIONAL DESIGN OR COLOR INDICATORS FOR DRIVING PRIVILEGE LICENSES AND
 LEARNERS'  PERMITS  APPLIED FOR WITH ALTERNATIVE FORMS OF IDENTIFICATION
 IF REQUIRED TO COMPLY WITH FEDERAL LAW. AS USED IN THIS SECTION  "ALTER-
 NATIVE  FORMS  OF  IDENTIFICATION" SHALL MEAN A VALID, UNEXPIRED FOREIGN
 PASSPORT ISSUED BY AN APPLICANT'S COUNTRY OF  CITIZENSHIP  (WHICH  SHALL
 ALSO BE ELIGIBLE AS PROOF OF AGE), A VALID, UNEXPIRED CONSULAR IDENTIFI-
 CATION  DOCUMENT  ISSUED  BY A CONSULATE FROM THE APPLICANT'S COUNTRY OF
 CITIZENSHIP, OR A VALID 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.
   (b) Applicants  for  a  [non-commercial  driver's]  DRIVING  PRIVILEGE
 license  or learner's permit APPLIED FOR WITH ALTERNATIVE FORMS OF IDEN-
 TIFICATION or a renewal thereof shall not be required to prove that they
 are lawfully present in the United States.
   (c) Application forms for [non-commercial drivers'] DRIVING  PRIVILEGE
 licenses and learners' permits [which do not meet federal standards for]
 APPLIED  FOR  WITH  ALTERNATIVE  FORMS  OF identification or for renewal
 thereof shall not state (i) the documents an applicant used to prove age
 or identity, or (ii) an applicant's ineligibility for a social  security
 number  where  applicable,  or (iii) an applicant's citizenship or immi-
 gration status.
   (d) The commissioner and any agent or  employee  of  the  commissioner
 shall  not  retain  the  documents  or  copies of documents presented by
 applicants for [non-commercial drivers'] DRIVING PRIVILEGE  licenses  or
 learners'  permits [which do not meet federal standards for] APPLIED FOR
 WITH ALTERNATIVE FORMS OF identification to prove age or identity except
 for a limited period necessary to ensure the validity  and  authenticity
 of such documents.
   (e)  (i)  A  [non-commercial  driver's]  DRIVING  PRIVILEGE license or
 learner's permit [which does not meet federal standards for] APPLIED FOR
 WITH ALTERNATIVE FORMS OF identification shall not be used  as  evidence
 of  a  person's  citizenship or immigration status, and shall not be the
 basis for investigating, arresting, or detaining a person. (ii)  Neither
 the  commissioner  nor  any  agent or employee of the commissioner shall
 inquire about the citizenship or immigration status of any applicant for
 a [non-commercial  driver's]  DRIVING  PRIVILEGE  license  or  learner's
 permit  [which  does  not  meet  federal standards for] APPLIED FOR WITH
 ALTERNATIVE FORMS OF identification.
   § 6. Subdivision 3 of section 5-212 of the election law, as  added  by
 chapter 659 of the laws of 1994, is amended to read as follows:
   3. The voter registration portion of such forms:
   (a)  shall not require any information that duplicates the information
 required on the application for the driver  license  portion  and  shall
 require  only  such  additional  information,  including the applicant's
 signature, as will enable election officials to assess  the  applicant's
 eligibility  to  register to vote, prevent duplicate registration and to
 administer voter registration and other parts of the election process.
   (b) shall include a statement  of  the  eligibility  requirements  for
 voter  registration  and shall require the applicant to attest by his OR
 HER signature that he OR SHE meets those requirements under  penalty  of
 perjury.
   (c) shall inform the applicant, in print identical to that used in the
 attestation section of the following:
   (i) voter eligibility requirements;

 S. 6910                             5
 
   (ii) penalties for submission of false registration application;
   (iii) that the office where applicant registers shall remain confiden-
 tial and the information be used only for voter registration purposes;
   (iv)  if  the  applicant  declines to register, his OR HER declination
 shall remain confidential  and  be  used  only  for  voter  registration
 purposes[;].
   (D)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE CONTRARY, SHALL
 REQUIRE THE APPLICANT TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER.
   § 7. This act shall take effect on the  same  date  and  in  the  same
 manner  as  chapter 37 of the laws of 2019 takes effect. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

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Senate Bill S6910

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