S T A T E O F N E W Y O R K
________________________________________________________________________
5028
2021-2022 Regular Sessions
I N A S S E M B L Y
February 10, 2021
___________
Introduced by M. of A. RAMOS -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to allowing
national identity cards to be included as acceptable proofs of age and
identity for applications for driver's licenses; 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, 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
OR NATIONAL IDENTITY CARD issued by the applicant's country of citizen-
ship (which shall also be eligible as proof of age), a valid, unexpired
consular identification document issued by a consulate from the appli-
cant'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, 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. The commissioner may also provide that the appli-
cation procedure shall include the taking of a photo image or images of
the applicant in accordance with rules and regulations prescribed by the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08002-01-1
A. 5028 2
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 which does not meet federal standards for identifica-
tion, an affidavit signed by such applicant that they have not been
issued a social security 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, AND 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.