A09116 Summary:

BILL NOA09116
 
SAME ASNo Same As
 
SPONSORLiPetri
 
COSPNSR
 
MLTSPNSR
 
Amd §201, V & T L
 
Allows the commissioner of motor vehicles to share immigration status information with agencies that enforce immigration law.
Go to top    

A09116 Actions:

BILL NOA09116
 
01/21/2020referred to transportation
07/16/2020held for consideration in transportation
Go to top

A09116 Committee Votes:

TRANSPORTATION Chair:Magnarelli DATE:07/16/2020AYE/NAY:16/6 Action: Held for Consideration
MagnarelliAyeMcDonoughNay
PerryAyeDiPietroAbsent
LupardoAyeByrneNay
ThieleAyeMillerNay
BronsonAyeNorrisNay
SteckAyeDeStefanoNay
SimonAyeWalczykNay
HunterAye
HyndmanAye
WilliamsAye
RyanAye
WrightExcused
FahyAye
FrontusAye
JacobsonAye
McMahonAye
DarlingAye

Go to top

A09116 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A09116 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9116
 
                   IN ASSEMBLY
 
                                    January 21, 2020
                                       ___________
 
        Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
          tee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to allowing the
          commissioner of motor vehicles to share immigration status information
          with agencies that enforce immigration law
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  8,  9,  10, 11 and 12 of section 201 of the
     2  vehicle and traffic law, as added by chapter 37 of the laws of 2019, are
     3  amended to read as follows:
     4    8. Any portion of any record retained by the commissioner in  relation
     5  to  a non-commercial driver's license or learner's permit application or
     6  renewal application that contains the  photo  image  or  identifies  the
     7  social  security  number,  telephone  number, place of birth, country of
     8  origin, place of employment, school or educational institution attended,
     9  source of income, status as a recipient of public benefits, the customer
    10  identification  number  associated  with  a  public  utilities  account,
    11  medical  information  or  disability  information  of  the holder of, or
    12  applicant for, such license or permit is not a public record  and  shall
    13  not  be  disclosed in response to any request for records except: (a) to
    14  the person who is the subject of such records; or  (b)  where  expressly
    15  required  pursuant  to chapter three hundred three of part A of subtitle
    16  vi of title forty-nine of the United States code; or (c) where necessary
    17  to comply with a lawful court order, judicial warrant signed by a  judge
    18  [appointed  pursuant  to article III of the United States constitution],
    19  or subpoena for individual  records  issued  pursuant  to  the  criminal
    20  procedure law or the civil practice law and rules.
    21    9.  The  commissioner  shall not disclose or otherwise make accessible
    22  original documents or copies of documents collected from  non-commercial
    23  driver's license or learner's permit applicants or renewal applicants to
    24  prove  identity,  age,  or  fitness except: (a) to the person who is the
    25  subject of such documents; or (b) where expressly required  pursuant  to
    26  chapter three hundred three of part A of subtitle vi of title forty-nine
    27  of  the  United  States  code;  or (c) unless necessary to comply with a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14694-03-0

        A. 9116                             2
 
     1  lawful court order, judicial warrant signed by a judge [appointed pursu-
     2  ant to article III of the United States constitution], or  subpoena  for
     3  individual  records  properly  issued pursuant to the criminal procedure
     4  law or the civil practice law and rules.
     5    10.  The  commissioner shall not disclose or otherwise make accessible
     6  any portion of any record that identifies whether the type  of  driver's
     7  license  or  learner's  permit  that a person holds either meets federal
     8  standards for identification or does  not  meet  federal  standards  for
     9  identification  except:  (a)  to  the  person who is the subject of such
    10  record; or (b)  where  expressly  required  pursuant  to  chapter  three
    11  hundred three of part A of subtitle vi of title forty-nine of the United
    12  States  code;  or  (c)  unless  necessary  to comply with a lawful court
    13  order, judicial warrant signed by a judge [appointed pursuant to article
    14  III of the United  States  constitution],  or  subpoena  for  individual
    15  records  properly  issued  pursuant to the criminal procedure law or the
    16  civil practice law and rules.
    17    11. For the purposes of this section, whenever a lawful  court  order,
    18  judicial  warrant,  or  subpoena  for individual records properly issued
    19  pursuant to the criminal procedure law or the  civil  practice  law  and
    20  rules  is  presented to the commissioner, only those records, documents,
    21  or information specifically sought by  such  court  order,  warrant,  or
    22  subpoena may be disclosed.
    23    [12.  (a)  Except as required for the commissioner to issue or renew a
    24  driver's license or learner's permit that meets  federal  standards  for
    25  identification,  the  commissioner,  and  any  agent  or employee of the
    26  commissioner, shall not  disclose  or  make  accessible  in  any  manner
    27  records  or  information  that  he  or she maintains, to any agency that
    28  primarily enforces immigration law or to any employee or agent  of  such
    29  agency,  unless  the commissioner is presented with a lawful court order
    30  or judicial warrant signed by a judge appointed pursuant to article  III
    31  of  the  United  States  constitution. Upon receiving a request for such
    32  records or information from an  agency  that  primarily  enforces  immi-
    33  gration law, the commissioner shall, no later than three days after such
    34  request,   notify   the  individual  about  whom  such  information  was
    35  requested, informing such individual of the request and the identity  of
    36  the agency that made such request.
    37    (b)  The commissioner shall require any person or entity that receives
    38  or has access to records or information from the department  to  certify
    39  to  the commissioner, before such receipt or access, that such person or
    40  entity shall not (i) use such records or  information  for  civil  immi-
    41  gration  purposes  or  (ii)  disclose such records or information to any
    42  agency that primarily enforces immigration law or  to  any  employee  or
    43  agent of any such agency unless such disclosure is pursuant to a cooper-
    44  ative  arrangement  between  city,  state  and  federal  agencies  which
    45  arrangement does not enforce immigration law  and  which  disclosure  is
    46  limited  to the specific records or information being sought pursuant to
    47  such arrangement. In addition to any records required to be kept  pursu-
    48  ant  to subdivision (c) of section 2721 of title 18 of the United States
    49  code, any person or entity certifying pursuant to this  paragraph  shall
    50  keep for a period of five years records of all uses and identifying each
    51  person  or  entity that primarily enforces immigration law that received
    52  department records or information from such certifying person or entity.
    53  Such records shall be maintained in a manner and form prescribed by  the
    54  commissioner  and  shall be available for inspection by the commissioner
    55  or his or her designee upon his or her request.

        A. 9116                             3

     1    (c) For purposes of this subdivision, the term "agency that  primarily
     2  enforces  immigration  law" shall include, but not be limited to, United
     3  States immigration and customs enforcement and United States customs and
     4  border protection, and any successor agencies having similar duties.]
     5    § 2. This act shall take effect immediately.
Go to top