S T A T E O F N E W Y O R K
________________________________________________________________________
8380
2021-2022 Regular Sessions
I N A S S E M B L Y
October 20, 2021
___________
Introduced by M. of A. WALCZYK -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the issue of
non-commercial drivers' licenses and learners' permits in counties
which contain in whole or in part boundary land; 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. Section 201 of the vehicle and traffic law is amended by
adding a new subdivision 13 to read as follows:
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUBDI-
VISIONS EIGHT, NINE, TEN, ELEVEN, AND TWELVE OF THIS SECTION SHALL NOT
APPLY TO COUNTIES WHICH CONTAIN IN WHOLE OR IN PART BOUNDARY LAND
DEFINED IN SECTION FIVE OF THE STATE LAW.
§ 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REPEALED and a new subdivision 1 is added to read as follows: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. 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, IN COUNTIES OTHER THAN THOSE WHICH CONTAIN IN WHOLE OR IN PART
BOUNDARY LAND DEFINED IN SECTION FIVE OF THE STATE LAW, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11567-02-1
A. 8380 2
APPLICANT AND WHICH IS UNEXPIRED OR EXPIRED FOR LESS THAN TWENTY-FOUR
MONTHS OF ITS DATE OF EXPIRATION, AS PRIMARY FORMS OF SUCH PROOF. NOTH-
ING 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 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, IN LIEU THEREOF IN COUNTIES OTHER
THAN THOSE WHICH CONTAIN IN WHOLE OR IN PART BOUNDARY LAND DEFINED IN
SECTION FIVE OF THE STATE LAW, WITH RESPECT TO AN APPLICATION FOR A
NON-COMMERCIAL DRIVER'S LICENSE OR LEARNER'S PERMIT WHICH DOES NOT MEET
FEDERAL STANDARDS FOR IDENTIFICATION, AN AFFIDAVIT SIGNED BY SUCH APPLI-
CANT 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. THE COMMISSIONER ALSO 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
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 SUBSTANTIAL-
LY 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 HOLD-
ER 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.
A. 8380 3
§ 3. 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 IN COUNTIES OTHER THAN THOSE WHICH CONTAIN IN WHOLE OR IN PART
BOUNDARY LAND DEFINED IN SECTION FIVE OF THE STATE LAW, with respect to
an application for a non-commercial driver's 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, 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 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 8 of section 502 of the vehicle and traffic law is
amended by adding a new paragraph (f) to read as follows:
(F) THIS SUBDIVISION SHALL NOT APPLY TO COUNTIES WHICH CONTAIN IN
WHOLE OR IN PART BOUNDARY LAND DEFINED IN SECTION FIVE OF THE STATE LAW.
§ 5. Subdivision 3 of section 508 of the vehicle and traffic law, as
amended by chapter 37 of the laws of 2019, is amended to read as
follows:
3. License record. The commissioner shall keep a record of every
license issued which record shall be open to public inspection during
reasonable business hours. Provided, however, IN COUNTIES OTHER THAN
THOSE WHICH CONTAIN IN WHOLE OR IN PART BOUNDARY LAND DEFINED IN SECTION
FIVE OF THE STATE LAW, that the following information whenever contained
within the record of non-commercial drivers' licenses and learners'
permits shall not be open to public inspection: the photo image, social
security number, client identification number, name, address, telephone
number, place of birth, country of origin, place of employment, school
or educational institution attended, source of income, status as a
recipient of public benefits, the customer identification number associ-
ated with a public utilities account, medical information or disability
information of any holders of, or applicants for, such licenses and
permits, and whether such licenses or permits meet federal standards for
identification or do not meet federal standards for identification.
Neither the commissioner nor his agent shall be required to allow the
inspection of an application, or to furnish a copy thereof, or informa-
tion therefrom, until a license has been issued thereon.
§ 6. This act shall take effect immediately.