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S301Senate2025-2026 Session

Allow Religious Photo Exemption

Official title

“Provides a religious exemption for the requirement to have a photograph taken for a driver's license or learner's permit”

Sponsor Peter OberackerSD-51+1 co-sponsorAffects Transportation
Status
In Senate Committee
Transportation
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill allows individuals with sincere religious beliefs to obtain a driver's license or permit without a photograph, but such licenses cannot be used for age verification.

Why it matters

  1. Addresses religious freedom. The bill recognizes and protects individuals whose religious beliefs prohibit them from being photographed, ensuring that state requirements for driver's licenses and permits do not force people to violate their faith.

  2. Access to driving and mobility. By allowing a no-photo option for those with qualifying religious beliefs, the bill helps these individuals maintain the ability to drive legally—crucial for work, family, and daily life—without compromising their convictions.

  3. Limits on identification use. Licenses or permits issued without a photograph cannot be used to prove age for activities like entering bars or buying age-restricted products, which could affect how individuals use their license for non-driving purposes and may require them to find alternative forms of age verification.

  4. Potential impact on security and verification. The exemption could create challenges for law enforcement or businesses that rely on photo IDs for identity verification, potentially raising concerns about fraud prevention and public safety.

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Who cares

Headline styles

Allow Religious Photo Exemption

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Peter Oberacker

Senator · Senate District 51

1 Co-sponsor

History

  1. Referred to transportation
  2. Referred to transportation

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

301

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sens. OBERACKER, BORRELLO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to providing a religious exemption for the requirement to have a photograph taken for a driver's license or learner's permit

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 507 of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows:

6. Photograph religious exemption. A person shall not be required to have their photograph taken for a driver's license or learner's permit when such person holds genuine and sincere religious beliefs which are contrary to having a photograph taken; provided, however, that licenses issued without a photograph pursuant to this subdivision shall not be used for proof of age required for entry to an establishment or purchase of age-restricted products.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01116-01-5

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to providing a religious exemption for the requirement to have a photograph taken for a driver's license or learner's permit

Purpose

To amend section 507 of the vehicle and traffic law to allow a religious photograph exemption.

Summary of provisions

Section 1 - Amends the vehicle and traffic law to allow an exemption for individuals who hold genuine and sincere religious beliefs from having a photograph taken when applying for a driver's license or permit.

Section 2 - States the effective date.

Existing law

Currently, New York State requires driver's license or permit applicants to have a photograph taken without exemption.

Justification

Some in New York State, who hold a genuine and sincere religious belief that prevents them from being photographed; a requirement to obtain a driver's license or permit. In today's society, the ability to drive and travel freely is a necessity for everyday life, particularly in upstate New York. By not offering a religious exemption, the state is unjustly depriving them of an essential privilege. The exemption would not allow such an ID to be used for age-restricted products, such as alcohol or tobacco.

Legislative history

S1162

S.5365/A.6702 of 2021-2022 Referred to Transportation

S.4094/A.6555 of 2019-2020 Referred to Transportation

Fiscal implications

None to the state.

Effective date

Immediate.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.