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A09548 Summary:

BILL NOA09548A
 
SAME ASSAME AS S07559-A
 
SPONSORSepulveda
 
COSPNSRCrespo, Ortiz, Pichardo, Williams, Simon, Bichotte, Dickens, Barron, Jaffee, Thiele, Blake, Gottfried, Ramos, Vanel, Richardson, De La Rosa, Magnarelli, Colton, D'Urso, Rivera, Niou, Cahill, Weprin
 
MLTSPNSRArroyo, Davila, Dilan, Rodriguez, Rozic, Solages
 
Add 502-b, V & T L
 
Prohibits the department of motor vehicles from cancelling, suspending or rescinding a driver's license issued to a person enrolled in the federal deferred action for childhood arrivals program if and when the program is ended.
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A09548 Actions:

BILL NOA09548A
 
01/23/2018referred to transportation
02/08/2018amend and recommit to transportation
02/08/2018print number 9548a
04/30/2018enacting clause stricken
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A09548 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9548A
 
SPONSOR: Sepulveda (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to a driver's license issued to a person in the federal deferred action for childhood arrivals program   PURPOSE OR GENERAL IDEA OF THE BILL: Allows for a driver's license to be kept by a person in the federal deferred action for childhood arrivals programs   SUMMARY OF SPECIFIC PROVISIONS: Section 1: The vehicle and traffic law is amended by adding a new section 502-b to read as follows: s 502-b. Childhood arrivals program licensing.1 . Prevention of license suspension. Notwithstanding any other provision of law, the department shall not cancel, suspend or rescind the driver's license, learner's permit, or non-driver identifi- cation card issued to a person enrolled in the federal deferred action for childhood arrivals program if and/or when such program is ended by the federal government. 2. Application for license. Notwithstanding any other provision of law, the department shall allow a person who was formerly enrolled in the federal deferred action for childhood arrivals program as they existed at the time of enrollment to apply for or renew such person's driver's license, learner's permit, or non-driver iden- tification card if such person meets all requirements other than such requirements related to immigration status. Section 2: This act shall take effect immediately.   JUSTIFICATION: A driver's license is a necessity throughout most of New York where public transportation is limited or non-existent. As a result, simple needs like traveling to work, picking up groceries and dropping a child off at school become a struggle. Allowing the Department of Motor Vehi- cles to allow immigrants who enrolled in DACA to retain their drivers licenses, would remove the daily roadblocks people face without a vehi- cle and makes it easier for all New Yorkers to provide for their fami- lies. Even New York City with its extensive subway and bus network, there are still transit deserts in many communities and long indirect routes to neighboring locations otherwise close by car. Allowing immi- grants to keep licenses would not only cut hours to travel off New York City commuters, it would continue to generate revenues. Since the inception of DACA in 2012, over 41,000 New Yorkers have been granted DACA status and over 53,000 have had their special status renewed by the federal government. All are eligible for a New York State driver's license even though not all have applied for one. The civic and economic contribution of DACA enrollees and all DREAMERs has been and continue to be positive for our nation and the communities they call home. New York State has the third largest number of DACA enrollees in the nation. Ending DACA will impact the President's home state in unquantifiable pain and suffering. No nation that claims to be a bastion of civil society can justify removing children from its territorial borders and deporting them to places they never called home. The courts have protected DACA enrollees. In July 2014, the U.S. Court of Appeals for the Ninth Circuit ordered the Arizona Department of Transportation to end its policy of denying licenses to DACA recipients, finding that the policy discriminates against them. After the Ninth Circuit and the U.S. Supreme Court denied the state's request to put the ruling on hold, the district court ordered the Arizona Department of Transportation to stop denying driver's licenses to otherwise-eligible DACA grantees, effective Dec. 22, 2014. On Jan. 22, 2015, the district court issued an order permanently enjoining (ending) Arizona's policy of denying driver's licenses to DACA grantees. DACA enrollees should be protected in New York State, the immigrant state. We should not be taking drivers licenses away from them because of careless and unjust actions of the federal government.   PRIOR LEGISLATIVE HISTORY: No prior legislative history.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT: Positive from increased DMV fee collections.   EFFECTIVE DATE: Immediately.
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A09548 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9548--A
 
                   IN ASSEMBLY
 
                                    January 23, 2018
                                       ___________
 
        Introduced  by  M.  of  A. SEPULVEDA, CRESPO, ORTIZ, PICHARDO, WILLIAMS,
          SIMON, BICHOTTE, DICKENS, BARRON, JAFFEE, THIELE, BLAKE, GOTTFRIED  --
          Multi-Sponsored  by  --  M.  of  A. ARROYO, DAVILA, DE LA ROSA, DILAN,
          RAMOS, RIVERA, RODRIGUEZ, ROZIC, SOLAGES -- read once and referred  to
          the Committee on Transportation -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the vehicle and traffic law, in relation to a driver's
          license issued to a person in the federal deferred action  for  child-
          hood arrivals program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 502-b to read as follows:
     3    §  502-b.  Childhood  arrivals  program  licensing.  1.  Prevention of
     4  license suspension. Notwithstanding any  other  provision  of  law,  the
     5  department  shall  not  cancel, suspend or rescind the driver's license,
     6  learner's permit, or non-driver identification card issued to  a  person
     7  enrolled  in  the federal deferred action for childhood arrivals program
     8  if and/or when such program is ended by the federal government.
     9    2. Application for license. Notwithstanding  any  other  provision  of
    10  law,  the  department  shall allow a person who was formerly enrolled in
    11  the federal deferred action for childhood arrivals program and continues
    12  to meet the requirements of the program as they existed at the  time  of
    13  enrollment  to  apply  for  or  renew  such  person's  driver's license,
    14  learner's permit, or non-driver identification card if such person meets
    15  all requirements other than such  requirements  related  to  immigration
    16  status.
    17    § 2. This act shall take effect immediately.
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13482-04-8
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