S T A T E O F N E W Y O R K
________________________________________________________________________
7034
2021-2022 Regular Sessions
I N A S S E M B L Y
April 21, 2021
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Transportation
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amended by chapter 487 of the laws of 2012, is REPEALED.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.
LBD09349-01-1
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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
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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.
8-A. 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
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"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;
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(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 immediately.