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A08146 Summary:

BILL NO    A08146 

SAME AS    No same as 

SPONSOR    Ortiz

COSPNSR    

MLTSPNSR   

Add S99-x, Gen Muni L

Relates to establishing a municipal identity card program.
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A08146 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8146

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 10, 2015
                                      ___________

       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Local Governments

       AN ACT to amend the general municipal law, in relation to establishing a
         municipal identity card program

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  general  municipal  law  is  amended by adding a new
    2  section 99-x to read as follows:
    3    S 99-X. MUNICIPAL IDENTITY CARD. 1.  AS  USED  IN  THIS  SECTION,  THE
    4  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A) "MUNICIPALITY" SHALL MEAN ANY COUNTY, TOWN, CITY OR VILLAGE WITHIN
    6  THIS STATE EXCEPT ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE.
    7    (B) "OFFICE" SHALL MEAN THE OFFICE OF NEW AMERICANS WITHIN THE DEPART-
    8  MENT OF STATE.
    9    (C) "MUNICIPAL IDENTITY CARD" SHALL MEAN AN IDENTIFICATION CARD ISSUED
   10  BY  THE  OFFICE  OF  NEW AMERICANS PURSUANT TO SUBDIVISION THREE OF THIS
   11  SECTION.
   12    (D) "RESIDENT" SHALL MEAN A PERSON OVER THE AGE OF  FOURTEEN  WHO  CAN
   13  ESTABLISH  THAT  HE  OR  SHE  IS  A CURRENT RESIDENT OF THE MUNICIPALITY
   14  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION.
   15    2. ANY MUNICIPALITY, BY RESOLUTION OR  ORDINANCE,  MAY  AUTHORIZE  THE
   16  ISSUANCE OF MUNICIPAL IDENTITY CARDS.
   17    3.  MUNICIPAL  IDENTITY CARDS SHALL BE DISTRIBUTED THROUGH THE DEPART-
   18  MENT OF STATE, OFFICE OF NEW AMERICANS. THE OFFICE SHALL PROMULGATE  ALL
   19  RULES  AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THE PURPOSES OF THIS
   20  SECTION. THE OFFICE SHALL DESIGNATE ACCESS SITES WHERE APPLICATIONS  FOR
   21  SUCH  CARDS SHALL BE MADE AVAILABLE FOR PICK-UP AND SUBMISSION AND SHALL
   22  MAKE APPLICATIONS AVAILABLE ONLINE.
   23    4. (A) THE MUNICIPAL IDENTITY CARD SHALL DISPLAY, AT  A  MINIMUM,  THE
   24  CARDHOLDER'S PHOTOGRAPH, NAME, DATE OF BIRTH, ADDRESS, AND AN EXPIRATION
   25  DATE,  PROVIDED  THAT  THE  OFFICE  MAY  BY RULE ESTABLISH PROCEDURES TO

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09776-02-5
       A. 8146                             2

    1  PROTECT THE ADDRESSES OF  VICTIMS  OF  DOMESTIC  VIOLENCE  OR  ALTERNATE
    2  REQUIREMENTS  FOR  APPLICANTS  WHO  LACK  A PERMANENT ADDRESS. SUCH CARD
    3  SHALL  ALSO,  AT  THE  CARDHOLDER'S  OPTION,  DISPLAY  THE  CARDHOLDER'S
    4  SELF-DESIGNATED  GENDER.    SUCH  IDENTITY  CARD  SHALL BE DESIGNED IN A
    5  MANNER TO DETER FRAUD.
    6    (B) THE MUNICIPAL IDENTITY CARD SHALL BE AVAILABLE TO ANY RESIDENT  OF
    7  THE  AUTHORIZING  MUNICIPALITY,  PROVIDED  THAT SUCH RESIDENT IS ABLE TO
    8  MEET THE REQUIREMENTS FOR ESTABLISHING HIS OR HER IDENTITY AND RESIDENCY
    9  SET FORTH IN SUBDIVISION FIVE OF THIS SECTION AND RULES ADOPTED  BY  THE
   10  OFFICE  PURSUANT  TO THIS SECTION, INCLUDING ANY RESTRICTIONS THE OFFICE
   11  DEEMS APPROPRIATE FOR THE PROTECTION OF MINORS.
   12    (C) THE MUNICIPAL IDENTITY CARD SHALL BE ISSUED TO APPLICANTS FREE  OF
   13  CHARGE.
   14    5.  IN  ORDER  TO  OBTAIN  A MUNICIPAL IDENTITY CARD AN APPLICANT MUST
   15  ESTABLISH PROOF OF IDENTITY AND PROOF OF RESIDENCY  WITHIN  THE  MUNICI-
   16  PALITY AS FOLLOWS:
   17    (A)  PROOF  OF  IDENTITY. IN ORDER TO ESTABLISH IDENTITY, AN APPLICANT
   18  SHALL BE REQUIRED TO PRODUCE ONE OR MORE OF THE FOLLOWING DOCUMENTS:
   19    (I) A U.S. OR FOREIGN PASSPORT;
   20    (II) A U.S. STATE DRIVER'S LICENSE;
   21    (III) A U.S. STATE IDENTIFICATION CARD;
   22    (IV) A U.S. PERMANENT RESIDENT CARD;
   23    (V) A CONSULAR IDENTIFICATION CARD;
   24    (VI) A PHOTO IDENTIFICATION CARD WITH NAME, ADDRESS,  DATE  OF  BIRTH,
   25  AND  EXPIRATION  DATE  ISSUED  BY  ANOTHER  COUNTRY  TO  ITS CITIZENS OR
   26  NATIONALS AS AN ALTERNATIVE TO A PASSPORT FOR RE-ENTRY  TO  THE  ISSUING
   27  COUNTRY;
   28    (VII) A CERTIFIED COPY OF U.S. OR FOREIGN BIRTH CERTIFICATE;
   29    (VIII) A SOCIAL SECURITY CARD;
   30    (IX) A NATIONAL IDENTIFICATION CARD WITH PHOTO, NAME, ADDRESS, DATE OF
   31  BIRTH, AND EXPIRATION DATE;
   32    (X) A FOREIGN DRIVER'S LICENSE;
   33    (XI) A U.S. OR FOREIGN MILITARY IDENTIFICATION CARD;
   34    (XII) A CURRENT VISA ISSUED BY A GOVERNMENT AGENCY;
   35    (XIII) A U.S. INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN) AUTHOR-
   36  IZATION LETTER;
   37    (XIV) AN ELECTRONIC BENEFIT TRANSFER (EBT) CARD; OR
   38    (XV) ANY OTHER DOCUMENTATION THAT THE OFFICE DEEMS ACCEPTABLE.
   39    (XVI)  THE OFFICE MAY BY RULE DETERMINE THE WEIGHT TO BE GIVEN TO EACH
   40  TYPE OF DOCUMENT PROVIDED IN THIS PARAGRAPH, AND REQUIRE THAT AN  APPLI-
   41  CANT PRODUCE MORE THAN ONE DOCUMENT TO ESTABLISH IDENTITY.
   42    (B)  PROOF OF RESIDENCY. IN ORDER TO ESTABLISH RESIDENCY, AN APPLICANT
   43  SHALL BE REQUIRED TO PRODUCE ONE OR MORE OF THE FOLLOWING ITEMS EACH  OF
   44  WHICH  MUST  SHOW  THE  APPLICANT'S NAME AND RESIDENTIAL ADDRESS LOCATED
   45  WITHIN THE MUNICIPALITY AND MUST BE DATED NO MORE THAN SIXTY DAYS  PRIOR
   46  TO THE DATE SUCH DOCUMENT IS PRESENTED, EXCEPT AS OTHERWISE INDICATED IN
   47  THIS PARAGRAPH:
   48    (I) A UTILITY BILL;
   49    (II) A CURRENT RESIDENTIAL PROPERTY LEASE;
   50    (III) A LOCAL PROPERTY TAX STATEMENT DATED WITHIN ONE YEAR OF THE DATE
   51  IT IS SUBMITTED;
   52    (IV) A LOCAL REAL PROPERTY MORTGAGE PAYMENT RECEIPT;
   53    (V) A BANK ACCOUNT STATEMENT;
   54    (VI)  PROOF THAT THE APPLICANT HAS A MINOR CHILD CURRENTLY ENROLLED IN
   55  A SCHOOL LOCATED WITHIN THE MUNICIPALITY;
   56    (VII) AN EMPLOYMENT PAY STUB;
       A. 8146                             3

    1    (VIII) A JURY SUMMONS OR COURT ORDER ISSUED  BY  A  FEDERAL  OR  STATE
    2  COURT;
    3    (IX)  A  FEDERAL  OR STATE INCOME TAX OR REFUND STATEMENT DATED WITHIN
    4  ONE YEAR OF THE DATE IT IS SUBMITTED;
    5    (X) AN INSURANCE BILL (HOMEOWNER, RENTER, HEALTH, LIFE, OR  AUTOMOBILE
    6  INSURANCE);
    7    (XI)  WRITTEN  VERIFICATION ISSUED BY A HOMELESS SHELTER THAT RECEIVES
    8  MUNICIPAL FUNDING CONFIRMING AT LEAST FIFTEEN DAYS RESIDENCY;
    9    (XII) WRITTEN VERIFICATION ISSUED BY  A  HOSPITAL,  HEALTH  CLINIC  OR
   10  SOCIAL  SERVICES  AGENCY  LOCATED  WITHIN THE MUNICIPALITY CONFIRMING AT
   11  LEAST FIFTEEN DAYS RESIDENCY; OR
   12    (XIII) ANY OTHER DOCUMENTATION THAT THE OFFICE DEEMS ACCEPTABLE.
   13    (XIV) THE OFFICE MAY BY RULE DETERMINE THE WEIGHT TO BE GIVEN TO  EACH
   14  TYPE  OF DOCUMENT PROVIDED IN THIS PARAGRAPH, AND REQUIRE THAT AN APPLI-
   15  CANT PRODUCE MORE THAN ONE DOCUMENT TO ESTABLISH RESIDENCY.  THE  OFFICE
   16  SHALL  BY  RULE  CREATE ALTERNATIVE METHODS BY WHICH INDIVIDUALS WHO ARE
   17  HOMELESS CAN ESTABLISH RESIDENCY IN THE MUNICIPALITY NOTWITHSTANDING THE
   18  LACK OF FIXED ADDRESS.
   19    6. (A) ONCE EVERY QUARTER THE OFFICE SHALL DESTROY COPIES  OF  RECORDS
   20  PROVIDED  BY  APPLICANTS  TO PROVE IDENTITY OR RESIDENCY FOR A MUNICIPAL
   21  IDENTITY CARD THAT HAVE BEEN RETAINED MORE THAN TWO YEARS, EXCEPT  WHERE
   22  SUCH  RECORDS  ARE  REQUIRED  BY  LAW  TO  BE  PRESERVED AS EVIDENCE FOR
   23  PURPOSES OF LITIGATION.
   24    (B) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOUSAND  SEVENTEEN,  THE
   25  OFFICE  SHALL  REVIEW DATA COLLECTED IN THE REPORT DESCRIBED IN SUBDIVI-
   26  SION NINE OF THIS SECTION AND MAKE A DETERMINATION REGARDING THE CONTIN-
   27  UING NEED TO RETAIN RECORDS PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVI-
   28  SION  IN  ORDER  TO  EFFECTIVELY  ADMINISTER THE MUNICIPAL IDENTITY CARD
   29  PROGRAM AND SHALL MAKE ANY APPROPRIATE MODIFICATIONS TO THE  POLICY  FOR
   30  RETENTION OF RECORDS RELATED TO THE MUNICIPAL IDENTITY CARD PROGRAM.
   31    (C) IN THE EVENT THAT: (I) THE OFFICE FAILS TO MAKE A DETERMINATION ON
   32  OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND SEVENTEEN PURSUANT TO
   33  PARAGRAPH (B) OF THIS SUBDIVISION, OR (II) THE  OFFICE  DETERMINES  THAT
   34  RECORDS  RETENTION  IS  NO  LONGER  NECESSARY, THEN THE OFFICE SHALL NOT
   35  RETAIN ORIGINALS OR COPIES OF RECORDS PROVIDED BY AN APPLICANT TO  PROVE
   36  IDENTITY  OR RESIDENCY FOR A MUNICIPAL IDENTITY CARD FOR LONGER THAN THE
   37  TIME NEEDED TO REVIEW THE APPLICATION,  AND  ANY  SUCH  RECORDS  IN  THE
   38  OFFICE'S  POSSESSION  PRIOR TO SUCH DATE SHALL BE DESTROYED ON OR BEFORE
   39  DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN OR,  IN  THE  CASE  OF  AN
   40  APPLICATION  PENDING  ON SUCH DATE, AS SOON AS PRACTICABLE AFTER A FINAL
   41  DETERMINATION HAS BEEN MADE REGARDING THE APPLICATION. NOTHING  IN  THIS
   42  PARAGRAPH  SHALL  BE  CONSTRUED  TO  PREVENT  THE  OFFICE FROM RETAINING
   43  RECORDS WHERE SUCH RECORDS ARE  REQUIRED  BY  LAW  TO  BE  PRESERVED  AS
   44  EVIDENCE FOR PURPOSES OF LITIGATION.
   45    (D) TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE FEDERAL AND STATE LAW,
   46  INFORMATION  COLLECTED ABOUT APPLICANTS FOR THE CARD SHALL BE TREATED AS
   47  CONFIDENTIAL AND MAY ONLY BE DISCLOSED IF:
   48    (I) AUTHORIZED IN WRITING BY THE INDIVIDUAL TO WHOM  SUCH  INFORMATION
   49  PERTAINS,  OR  IF SUCH INDIVIDUAL IS A MINOR OR IS OTHERWISE NOT LEGALLY
   50  COMPETENT, BY SUCH INDIVIDUAL'S PARENT OR LEGAL GUARDIAN;
   51    (II) SO ORDERED BY A COURT OF COMPETENT JURISDICTION;
   52    (III) TO A REQUESTING MUNICIPAL AGENCY  FOR  THE  LIMITED  PURPOSE  OF
   53  ADMINISTERING  THE  MUNICIPAL  IDENTITY  CARD  PROGRAM OR DETERMINING OR
   54  FACILITATING  THE  APPLICANT'S  ELIGIBILITY  FOR  ADDITIONAL   BENEFITS,
   55  SERVICES,  AND CARE, PROVIDED THAT SUCH DISCLOSURE IS MADE IN ACCORDANCE
   56  WITH ALL APPLICABLE FEDERAL AND STATE PRIVACY LAWS AND REGULATIONS,  AND
       A. 8146                             4

    1  SUBJECT  TO  THE  FURTHER REQUIREMENT THAT SUCH INFORMATION SHALL NOT BE
    2  REDISCLOSED TO ANY OTHER GOVERNMENTAL AGENCY OR ENTITY, OR THIRD  PARTY;
    3  OR
    4    (IV)  TO  A  LAW  ENFORCEMENT AGENCY THAT SERVES THE OFFICE A JUDICIAL
    5  SUBPOENA OR JUDICIAL WARRANT.
    6    (E) THE OFFICE SHALL NOT INDICATE ON THE  APPLICATION  FORMS  USED  TO
    7  APPLY  FOR  A MUNICIPAL IDENTITY CARD THE TYPE OF RECORDS PROVIDED BY AN
    8  APPLICANT TO ESTABLISH RESIDENCY OR IDENTITY.
    9    7. (A) ALL MUNICIPAL AGENCIES SHALL ACCEPT SUCH CARD AS PROOF OF IDEN-
   10  TITY AND RESIDENCY FOR ACCESS TO  MUNICIPAL  SERVICES  UNLESS  (I)  SUCH
   11  ACCEPTANCE  IS  PROHIBITED  BY  FEDERAL  OR  STATE  LAW, (II) ADDITIONAL
   12  DOCUMENTATION IS REQUIRED TO OBTAIN THE BENEFITS OF A FEDERAL  OR  STATE
   13  PROGRAM,  OR (III) THE AGENCY HAS REASONABLE GROUNDS TO BELIEVE THAT THE
   14  CARD IS COUNTERFEIT, ALTERED, OR IMPROPERLY ISSUED,  OR  THE  INDIVIDUAL
   15  PRESENTING THE CARD IS NOT THE INDIVIDUAL TO WHOM THE CARD WAS ISSUED.
   16    (B)  THE  OFFICE SHALL SEEK TO ENCOURAGE ELIGIBLE PERSONS TO APPLY FOR
   17  THE CARD AND EXPAND THE BENEFITS ASSOCIATED WITH THE CARD, INCLUDING, AT
   18  A MINIMUM, BY PROMOTING ACCEPTANCE OF THE CARD BY BANKS AND OTHER PUBLIC
   19  AND PRIVATE INSTITUTIONS.
   20    (C) MUNICIPAL AGENCIES SHALL NOT REQUIRE THE POSSESSION OF A MUNICIPAL
   21  IDENTITY CARD WHERE IDENTIFICATION IS NOT  ALREADY  REQUIRED  TO  OBTAIN
   22  MUNICIPAL  SERVICES,  PROVIDED,  HOWEVER  THAT  AGENCIES MAY REQUIRE THE
   23  POSSESSION OF A MUNICIPAL IDENTITY CARD TO OBTAIN BENEFITS OR PRIVILEGES
   24  OFFERED EXCLUSIVELY TO THOSE WHO POSSESS A MUNICIPAL IDENTITY CARD AS AN
   25  INCENTIVE TO APPLY FOR A MUNICIPAL IDENTITY CARD.
   26    8. THE OFFICE SHALL IDENTIFY AND IMPLEMENT MEASURES, INCLUDING BUT NOT
   27  LIMITED TO STAFF TRAINING, COMMUNITY OUTREACH, AND  LANGUAGE  ASSISTANCE
   28  TOOLS, TO ADDRESS THE NEEDS OF LIMITED ENGLISH PROFICIENT INDIVIDUALS IN
   29  THE ADMINISTRATION OF THE MUNICIPAL IDENTITY CARD PROGRAM.
   30    9.  THE  OFFICE  SHALL PREPARE AND SUBMIT ONE YEAR AFTER THE EFFECTIVE
   31  DATE OF THIS SECTION AND BIANNUALLY  THEREAFTER  TO  THE  GOVERNOR,  THE
   32  SPEAKER  OF  THE  ASSEMBLY  AND  THE TEMPORARY PRESIDENT OF THE SENATE A
   33  REPORT ON THE MUNICIPAL IDENTITY CARD PROGRAM THAT INCLUDES THE  FOLLOW-
   34  ING INFORMATION:
   35    (A)  THE NUMBER OF APPLICATIONS RECEIVED BY THE OFFICE FOR THE MUNICI-
   36  PAL IDENTITY CARD DISAGGREGATED BY APPLICANT'S MUNICIPALITY;
   37    (B) THE NUMBER OF MUNICIPAL IDENTITY CARDS ISSUED;
   38    (C) THE NUMBER OF MUNICIPAL IDENTITY CARDS ISSUED TO MINORS;
   39    (D) THE NUMBER OF REQUESTS MADE BY MUNICIPAL AGENCIES FOR  INFORMATION
   40  COLLECTED ABOUT APPLICANTS FOR THE MUNICIPAL IDENTITY CARD DISAGGREGATED
   41  BY REQUESTING AGENCY;
   42    (E)  THE  NUMBER  OF  TIMES  THE  OFFICE SHARED DOCUMENTS SUBMITTED BY
   43  APPLICANTS TO ESTABLISH ELIGIBILITY FOR THE MUNICIPAL IDENTITY CARD WITH
   44  MUNICIPAL AGENCIES DISAGGREGATED BY AGENCY;
   45    (F) THE NUMBER OF DENIALS MADE TO REQUESTING AGENCIES FOR  INFORMATION
   46  COLLECTED ABOUT APPLICANTS FOR THE MUNICIPAL IDENTITY CARD;
   47    (G) THE NUMBER OF MUNICIPAL IDENTITY CARD APPLICANTS WHOSE INFORMATION
   48  WAS  DISCLOSED TO LAW ENFORCEMENT, DISAGGREGATED BY WHETHER SUCH DISCLO-
   49  SURE WAS PURSUANT TO A JUDICIAL WARRANT OR JUDICIAL SUBPOENA;
   50    (H) THE NUMBER OF OCCURRENCES OF  FRAUD  OR  OTHER  CRIMINAL  ACTIVITY
   51  RELATED TO ISSUANCE OF THE MUNICIPAL IDENTITY CARD;
   52    (I) THE OFFICE'S EFFORTS TO CONDUCT OUTREACH TO PROSPECTIVE APPLICANTS
   53  RELATING TO THE MUNICIPAL IDENTITY CARD PROGRAM;
   54    (J)  THE OFFICE'S EFFORTS TO PROMOTE ACCEPTANCE OF THE MUNICIPAL IDEN-
   55  TITY CARD BY BANKS AND OTHER PUBLIC AND PRIVATE INSTITUTIONS;
       A. 8146                             5

    1    (K) THE TYPES OF SERVICES, OTHER THAN MUNICIPAL  SERVICES,  FOR  WHICH
    2  THE MUNICIPAL IDENTITY CARD IS PERMITTED AS ACCEPTABLE PROOF OF IDENTITY
    3  AND RESIDENCY; AND
    4    (L)  ANY  OTHER METRIC THE OFFICE DEEMS APPROPRIATE, INCLUDING BUT NOT
    5  LIMITED TO ADDITIONAL MEASURES OF FRAUDULENT OR OTHER CRIMINAL  ACTIVITY
    6  RELATED TO THE MUNICIPAL IDENTITY CARD PROGRAM.
    7    S 2. This act shall take effect on the one hundred eightieth day after
    8  it  shall  have  become  a law; provided, however that the office of new
    9  Americans  shall  be  authorized  to  commence  the  rulemaking  process
   10  required pursuant to section one of this act prior to the effective date
   11  of this act.
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