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A04050 Summary:

BILL NOA04050
 
SAME ASNo Same As
 
SPONSORMoya
 
COSPNSRRamos, Steck, Hunter, Jaffee, Skartados, Perry
 
MLTSPNSRCahill
 
Amd 201, 490, 502, 504-a & 508, V & T L
 
Relates to authorizing the department of motor vehicles to issue limited purpose drivers' licenses; authorizes the issuance of limited purpose drivers' licenses where an applicant shall not be required to establish legal presence in the United States at the time of application; provides that such license may be used as legal identification.
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A04050 Actions:

BILL NOA04050
 
01/31/2017referred to transportation
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A04050 Committee Votes:

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A04050 Floor Votes:

There are no votes for this bill in this legislative session.
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A04050 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4050
 
SPONSOR: Moya
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to authorizing the department of motor vehicles to issue limit- ed purpose drivers' licenses   PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to allows the commissioner of motor vehicles to offer limited purpose drivers' licenses to applicants, regardless of immi- gration status, who can demonstrate identity, age and fitness in accord- ance with relevant sections. This bill would generate millions in reven- ue for all levels of government in New York State, lower insurance premiums for drivers, drive auto-sales.   SUMMARY OF PROVISIONS: Section one amends the vehicle and traffic law to require any applica- tion and source documented filed in the application of a driver's license or identification card to be kept on file for a period of seven years and any images of source documents for a minimum of ten years. Section two amends the vehicle and traffic law by adding a new paragraph (4) to section 490 to allow the commissioner to offer an identification card accepted by the federal government subject to applicable federal requirements, including the Real ID Act of 2005. Any card not satisfying these requirements shall clearly state "Not valid for official federal purposes". Section three amends the vehicle and traffic law by adding a new paragraph (8) to section 502 to not apply the requirements of this section where inconsistent with the provisions of section 504-a created by the following section. Section four amends the vehicle and traffic law by adding a new section 504-a to allow the commissioner to offer enhanced and limited purpose drivers' licenses to an applicant who can provide proof of identity, age and fitness in accordance with this section. A sworn statement under the penalty of perjury, stating the applicant's identity and the fa ct that he or she has not been issued a social security number can be used in place of a social security number, and an applicant shall never be required to establish legal presence in the United States. A license or permit issued under this provision shall display "Not valid for official federal purpose", shall not be used to consider or as evidence of the holders immigration status, or used as basis for a criminal investigation, arrest or detention in circumstances where a driver's license not issued pursuant to this section would not be criminally investigated. The commissioner shall not keep separate records of licenses issued pursuant to this section, shall provide elec- tronic access to all other States only to information retained by the commissioner and listed in subdivision (b) of section 202 of the Real ID Act of 2005. Information collected shall not be deemed public record and not be disclosed by the commissioner except with the consent of the individual to whom it pertains, a subpoena specifically identifying the person or otherwise required by law. Card holder's immigration status shall not be recorded or retained. Section five amends the vehicle and traffic law by adding new paragraphs (6) and (7) to section 508 requir- ing the commissioner to promulgate rules and regulations necessary for compliance with Real ID Act of 2005. Section six states that this act shall take effect one year after it becomes law, allowing the commis- sioner to promulgate any rules and regulations necessary for timely implementation before the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): New Bill   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 issue limited purpose drivers' licenses to applicants, regard- less of that person's immigration status, would remove the daily road- blocks people face without a vehicle and makes it easier for all New Yorkers to provide for their families.Even New York City with its exten- sive subway and bus network, there are still transit deserts in many communities and long indirect routes to neighboring locations otherwise close by car. Limited purpose licenses would not only cut hours to travel off New York City commuters, the estimated 150,000 undocumented immigrants expected to sign up would generate$9.6 million in driver's license fees to New York State alone. The MTA's license processing fee surcharge would generate $1.3 million directly to the MTA The Fiscal Policy Institute estimated that 265,000 people would get licenses throughout New York, generating an estimated $57 million a year in total revenue statewide across all levels of government, with an additional $24 million of one-time revenue for New York State. The associated influx of insurance policies taken is also expected to drop insurance premiums by $17 per driver each year, as well as a boost in auto- sales.Undocumented immigrants must also be confident that none of the information they provide can be used against them or leave them vulner- able. This bill establishes key protections for applicants and their rendered information, by explicitly disallowing records of immigration status from being kept, disallowing separate records for traditional licenses and limited purpose drivers' licenses, not disclosing records as public information, restricting what records can be shared, but otherwise in accord with existing laws and requirements.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: According to Fiscal Policy Institute estimates $57 million in combined annual government revenues plus $26 million in one-time revenues.   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law; provided, however, that the commissioner of motor vehicles shall promul- gate any rules and regulations necessary for the timely implementation of the provisions of this act on or before such effective date
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A04050 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4050
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2017
                                       ___________
 
        Introduced  by  M. of A. MOYA -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          the  department  of  motor  vehicles to issue limited purpose drivers'
          licenses
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (c) of subdivision 1 of section 201 of the vehi-
     2  cle and traffic law, as added by chapter 380 of the  laws  of  1980,  is
     3  amended to read as follows:
     4    (c)  any  application  for  a driver's license or identification card,
     5  including any source document required to be filed with any such  appli-
     6  cation,  after  such application shall have been on file for a period of
     7  [five] seven years and any images of source documents  presented  for  a
     8  minimum of ten years;
     9    § 2. Section 490 of the vehicle and traffic law is amended by adding a
    10  new subdivision 4 to read as follows:
    11    4.  Federal  Compliance. (a) The commissioner may offer an identifica-
    12  tion card that will be accepted by the federal government for any  offi-
    13  cial  purpose, subject to the applicable federal requirements, including
    14  the satisfaction of all requirements of the Real ID Act of 2005 (Pub. L.
    15  109-13).
    16    (b) Any identification card not satisfying the requirements  of  para-
    17  graph  (a)  of this subdivision shall state the following on the face of
    18  the card and in its machine-readable zone, in a font size no larger than
    19  the smallest font size otherwise appearing on the card: "Not  valid  for
    20  official  federal  purposes." The commissioner may incorporate different
    21  features but only if doing so would result in a card that  appears  more
    22  similar  to  an  identification  card issued under paragraph (a) of this
    23  subdivision, or if required by  the  department  of  homeland  security;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09494-01-7

        A. 4050                             2
 
     1  provided,  that the commissioner does so to the minimum extent necessary
     2  to comply with the Real ID Act of 2005 (Pub. L.  109-13).
     3    (c)  The requirements of this section shall not apply where inconsist-
     4  ent with the provisions of section five hundred four-a of this chapter.
     5    § 3. Section 502 of the vehicle and traffic law is amended by adding a
     6  new subdivision 8 to read as follows:
     7    8. The requirements of this section shall not apply where inconsistent
     8  with the provisions of section five hundred four-a of this article.
     9    § 4. The vehicle and traffic law is amended by adding  a  new  section
    10  504-a to read as follows:
    11    §  504-a. Enhanced and limited purpose drivers' licenses.  1. Enhanced
    12  driver's license. The commissioner may offer  a  driver's  license  that
    13  will  be  accepted  by  the federal government for any official purpose,
    14  subject to the applicable federal requirements, including the  satisfac-
    15  tion of all requirements of the Real ID Act of 2005 (Pub. L. 109-13).
    16    2.  Limited purpose driver's license. (a) The commissioner shall issue
    17  a limited purpose driver's license or permit to  an  applicant  who  can
    18  provide  proof  of  identity,  age,  and fitness in accordance with this
    19  section.
    20    (b) To obtain a limited purpose driver's license or permit in  accord-
    21  ance  with paragraph (a) of this subdivision, an applicant shall furnish
    22  such proof of identity, age, and fitness  as  may  be  required  by  the
    23  commissioner.  The  commissioner shall promulgate reasonable regulations
    24  and requirements in accordance with the following:
    25    (i) the commissioner shall promulgate a list of acceptable  documenta-
    26  tion  for  proof  of  identity,  age,  and fitness, which list (A) shall
    27  include official documentation issued by a foreign  country;  (B)  shall
    28  ascribe similar weight to like documents, whether issued domestically or
    29  abroad;  and  (C) shall include any other documentation the commissioner
    30  deems appropriate;
    31    (ii) the commissioner shall require each applicant to provide a social
    32  security number or a sworn statement under the penalty of perjury, stat-
    33  ing the applicant's identity and the fact that he or she  has  not  been
    34  issued a social security number; and
    35    (iii)  an  applicant shall not be required to establish legal presence
    36  in the United States at the time of application.
    37    (c) A limited purpose driver's license or  permit  issued  under  this
    38  subdivision shall state the following on the face of the card and in its
    39  machine-readable  zone,  in a font size no larger than the smallest font
    40  size otherwise appearing on the card: "Not valid  for  official  federal
    41  purposes."  The commissioner may incorporate different features but only
    42  if doing so would result in a  card  that  appears  more  similar  to  a
    43  license  issued under subdivision one of this section, or if required by
    44  the department of homeland security;  provided,  that  the  commissioner
    45  does  so  to the minimum extent necessary to comply with the Real ID Act
    46  of 2005 (Pub. L. 109-13).
    47    (d) A limited purpose driver's license issued pursuant to this  subdi-
    48  vision  shall  not  be  used  to consider or as evidence of the holder's
    49  citizenship or immigration status, and such driver's license or informa-
    50  tion retained by the commissioner associated with such license shall not
    51  be used as a basis for a criminal investigation, arrest, or detention in
    52  circumstances where a holder of a driver's license that was  not  issued
    53  pursuant  to  this  subdivision  would  not  be criminally investigated,
    54  arrested, or detained.

        A. 4050                             3
 
     1    (e) Licenses issued pursuant to this subdivision shall  be  valid  for
     2  the  same duration of time as licenses of the same class issued pursuant
     3  to subdivision one of this section.
     4    (f) It shall be a violation of law including but not limited to, arti-
     5  cle  fifteen of the executive law, to discriminate against an individual
     6  because he or she applies for,  holds,  or  presents  a  license  issued
     7  pursuant to this paragraph.
     8    (g)  Except  as  otherwise expressly provided by law, a license issued
     9  pursuant to this subdivision may be used as legal identification of  the
    10  holder to whom the license is issued.
    11    3.  Applicant  Records.  (a)  The commissioner shall not keep separate
    12  records of licenses issued pursuant to subdivisions one and two of  this
    13  section.
    14    (b)  The commissioner shall, pursuant to paragraph (12) of subdivision
    15  (d) of Section 202 of the Real ID Act of 2005 (Pub. L.  109-13), provide
    16  electronic access to all other states only to the  information  retained
    17  by  the commissioner and listed in subdivision (b) of Section 202 of the
    18  Real ID Act of 2005 (Pub. L.  109-13).
    19    (c) Information collected pursuant to this section shall not be deemed
    20  to be a public record and shall not be  disclosed  by  the  commissioner
    21  except (i) with the consent of the individual about whom the information
    22  pertains,  (ii) as necessary to comply with a legally and validly issued
    23  warrant or subpoena that specifically identifies the person  about  whom
    24  such information is sought, or (iii) as otherwise required by law.
    25    (d)  Information  relating to the citizenship or immigration status of
    26  an applicant for a license under this section shall not be collected  or
    27  retained in any record of the commissioner.
    28    (e)  Notwithstanding the provisions of section two hundred one of this
    29  chapter, the  commissioner  shall  return  or  destroy  and  not  retain
    30  originals or copies in any form of documents provided by an applicant to
    31  prove  identity or residency under this section for longer than the time
    32  needed to review the application, or as otherwise required by applicable
    33  law.
    34    (f) The commissioner, in its discretion  and  to  the  fullest  extent
    35  permitted  by  applicable law, may deny access to any or all information
    36  if it finds the requesting entity's or person's  purpose  in  requesting
    37  such information violates this section, is improper, or that the request
    38  was made in bad faith.
    39    (g)  When  permitted  by law, the commissioner shall provide notice to
    40  each individual whose information has been requested  from  the  commis-
    41  sioner,  and such notice shall include statements that such individual's
    42  information has been requested, identifying the date and source of  such
    43  request,  and  that  such  information, if any, will be furnished to the
    44  requesting party.
    45    (h) Anyone that requests information pursuant to paragraph (c) of this
    46  subdivision, other  than  the  individual  about  whom  the  information
    47  pertains,  shall sign an agreement acknowledging their responsibility to
    48  protect the confidentiality of such information.   The  agreement  shall
    49  contain,  at  a minimum: (i) a prohibition against using the information
    50  in violation of this section or applicable law; (ii)  an  obligation  by
    51  the  recipient  not  to  re-disclose  the information obtained; (iii) an
    52  obligation to use appropriate  technical,  physical  and  administrative
    53  safeguards  to  prevent  unauthorized  use or disclosure; and (iv) other
    54  requirements as deemed necessary by the commissioner.
    55    § 5. Section 508 of the vehicle and traffic law is amended  by  adding
    56  two new subdivisions 6 and 7 to read as follows:

        A. 4050                             4
 
     1    6.  The  commissioner  shall, by October first, two thousand nineteen,
     2  promulgate such rules and regulations as are necessary  to  comply  with
     3  the  Real  ID Act of 2005 (Pub. L. 109-13) and submit all certifications
     4  requisite thereto.
     5    7. The requirements of this section shall not apply where inconsistent
     6  with the provisions of section five hundred four-a of this article.
     7    §  6. This act shall take effect one year after it shall have become a
     8  law; provided, however, that the commissioner of  motor  vehicles  shall
     9  promulgate  any rules and regulations necessary for the timely implemen-
    10  tation of the provisions of this act on or before such effective date.
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