Senate Bill S2399A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2399--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   a sex trafficking awareness and prevention program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 224-b to read as follows:
   § 224-B. SEX TRAFFICKING AWARENESS AND  PREVENTION  PROGRAM.  (A)  THE
 COMMISSIONER,  IN  CONJUNCTION  WITH THE INTERAGENCY TASK FORCE ON HUMAN
 TRAFFICKING, THE  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  AND  THE COMMISSIONER OF TRANSPORTATION, SHALL IMPLEMENT A SEX
 TRAFFICKING AWARENESS  AND  PREVENTION  PROGRAM  WITHIN  THE  CURRICULUM
 REQUIREMENTS  FOR  ALL  COMMERCIAL DRIVER LICENSES.  THE SEX TRAFFICKING
 AWARENESS AND PREVENTION PROGRAM SHALL BE ESTABLISHED FOR THE PURPOSE OF
 PROVIDING EDUCATION AND AWARENESS FOR THE PREVENTION OF SEX  TRAFFICKING
 IN  THIS STATE.  THE PROGRAM CURRICULUM SHALL UTILIZE EXISTING MATERIALS
 FROM A NATIONALLY RECOGNIZED ANTI-TRAFFICKING ORGANIZATION.  THE PROGRAM
 SHALL PROVIDE EDUCATION AND AWARENESS LITERATURE AND EDUCATIONAL MATERI-
 ALS TO ALL  TRADE  SCHOOLS,  COMMUNITY  COLLEGES,  AGENCIES,  PUBLIC  OR
 PRIVATE  SCHOOLS  OR  PERSONS  OFFERING  INSTRUCTION IN THE OPERATION OF
 COMMERCIAL MOTOR VEHICLES. THE PROGRAM SHALL INCLUDE A MINIMUM OF THIRTY
 MINUTES OF TRAINING. THE MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED TO,
 WARNING SIGNS OF POTENTIAL SEX TRAFFICKING AND ENTITIES TO WHOM A DRIVER
 MAY REPORT SUSPECTED ACTIVITY THAT  MIGHT  CONSTITUTE  SEX  TRAFFICKING.
 THE COMMISSIONER MAY COORDINATE WITH THE INTERAGENCY TASK FORCE ON HUMAN
 TRAFFICKING IN PROVIDING RELEVANT LITERATURE AND MATERIALS TO SUCH TRADE
 SCHOOLS,  COMMUNITY  COLLEGES,  AGENCIES,  PUBLIC  OR PRIVATE SCHOOLS OR
 PERSONS OFFERING INSTRUCTION IN THE OPERATION OF COMMERCIAL MOTOR  VEHI-
 CLES.
   (B)  THE COMMISSIONER MAY ADDITIONALLY COORDINATE WITH THE INTERAGENCY
 TASK FORCE ON HUMAN TRAFFICKING: (I) TO COLLECT AND ORGANIZE DATA ON THE
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06474-04-5
 S. 2399--A                          2

 NATURE AND EXTENT OF TRAFFICKING IN PERSONS IN THE STATE; (II) TO  IDEN-
 TIFY  AVAILABLE FEDERAL, STATE AND LOCAL PROGRAMS TO PROVIDE SERVICES TO
 VICTIMS OF TRAFFICKING; (III) TO CONSULT WITH GOVERNMENTAL  AND  NON-GO-
 VERNMENTAL  ORGANIZATIONS  IN  DEVELOPING  RECOMMENDATIONS TO STRENGTHEN
 STATE AND LOCAL EFFORTS TO PREVENT  TRAFFICKING;  (IV)  TO  MEASURE  AND
 EVALUATE THE STATE'S PROGRESS IN PREVENTING TRAFFICKING, AND PROSECUTING
 PERSONS ENGAGED IN TRAFFICKING; AND (V) TO EVALUATE THE EFFECTIVENESS OF
 THE SEX TRAFFICKING AWARENESS AND PREVENTION PROGRAM.
   (C) THE COMMISSIONER SHALL REPORT ANNUALLY ON THE PROGRAM'S EFFECTIVE-
 NESS IN ITS ANNUAL REPORT.
   (D)  FOR  PURPOSES  OF  THIS SECTION, "INTERAGENCY TASK FORCE ON HUMAN
 TRAFFICKING" SHALL MEAN THE INTERAGENCY TASK FORCE ON HUMAN  TRAFFICKING
 ESTABLISHED  BY  SECTION  FOUR  HUNDRED  EIGHTY-THREE-EE  OF  THE SOCIAL
 SERVICES LAW.
   (E) TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE  COMMISSIONER  MAY
 REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION OR OTHER AGENCY OF THE STATE OR ANY  STATE  PUBLIC  AUTHORITY
 SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE SEX TRAFFICKING
 AWARENESS  AND  PREVENTION  PROGRAM TO PROPERLY CARRY OUT ITS POWERS AND
 DUTIES.
   § 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 separately  amended  by  chapters  158  and  440 of the laws of 2021, 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
 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 citizen-
 ship, 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
 license shall display the sex designation of M, F, or X as certified  by
 the  applicant, with no additional documentation required. The applicant
 may amend the sex designation of their driver's  license  upon  request.
 Upon amendment of the sex designation, the change shall be made consist-
 ent through all affiliated records within the control of the department.
 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
 such  applicant's  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 such applicant is a veteran of the United States
 S. 2399--A                          3
 
 armed forces, and space on the application so  that  the  applicant  may
 request  a notation upon such license that [he or she] SUCH APPLICANT is
 a veteran of the United States armed forces, and space on  the  applica-
 tion  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.  IN  ADDITION,  AN  APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE
 SHALL SUBMIT A CERTIFICATE FOR COMPLETING THE SEX TRAFFICKING  AWARENESS
 AND  PREVENTION  PROGRAM  ESTABLISHED  UNDER SECTION TWO HUNDRED TWENTY-
 FOUR-B OF THIS CHAPTER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law; provided, however, subdivision (c) of section 224-b
 of the vehicle and traffic law, as added by section one of this act  and
 section  two of this act, shall take effect on the one hundred eightieth
 day after it shall have become a law. Effective immediately,  the  addi-
 tion,  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.