STATE OF NEW YORK
________________________________________________________________________
416--A
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
___________
Introduced by Sens. CROCI, AKSHAR, BONACIC, BOYLE, DeFRANCISCO, FUNKE,
GALLIVAN, GOLDEN, HANNON, LARKIN, MARCHIONE, MURPHY, ORTT, RANZENHOF-
ER, SEWARD -- read twice and ordered printed, and when printed to be
committed to the Committee on Transportation -- recommitted to the
Committee on Transportation in accordance with Senate Rule 6, sec. 8
-- 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 compliance
with the federal Real ID Act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known, and may be cited as the "New York
2 Remembers Act".
3 § 2. Legislative intent. The legislature hereby finds and declares the
4 following:
5 (a) That the federal Real ID Act, which was passed by Congress and
6 signed into law in 2005, is a coordinated effort by the states and
7 federal government, intended to improve the reliability and accuracy of
8 state-issued identification documents, which serve to inhibit a terror-
9 ist's ability to evade detection by using fraudulent identification;
10 (b) That the standards established by the federal Real ID Act resulted
11 from a Congressional study investigating the various factors which led
12 to the horrific tragedy that occurred on September 11, 2001;
13 (c) That in addition to developing tamper proof technologies within
14 the identification card itself, states were directed to initiate a proc-
15 ess whereby the documentation submitted by an individual applying for a
16 state issued driver's license could be verified as authentic;
17 (d) That the verification requirement was meant to ensure that terror-
18 ists were not issued identification cards based on the proffering of
19 forged or otherwise fake documentation;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00983-02-8
S. 416--A 2
1 (e) That after ten years of non-compliance, the department of motor
2 vehicles applied for, and received a one-year compliance waiver from the
3 federal government which was renewed in 2016 and 2017;
4 (f) That in addition to the security threat that further delay
5 presents, failure to comply could result in New Yorkers being denied
6 admittance to airports, federal facilities and military bases; and
7 (g) That it is the intent of this legislature, by and through enact-
8 ment of this act, to meet or exceed the document and issuance standards
9 set forth in the federal Real ID Act of 2005 (Public Law 109-13), in
10 order to ensure the safety and security of our great state, and to
11 provide New Yorkers with a federally recognized and acceptable driver's
12 license.
13 § 3. Section 502 of the vehicle and traffic law is amended by adding a
14 new subdivision 1-a to read as follows:
15 1-a. Compliance with federal Real ID Act. (a) Notwithstanding any
16 provision of law, rule or regulation to the contrary, that in the issu-
17 ance of a driver's license under this chapter, the department shall only
18 issue or reissue upon application for renewal or replacement, driver's
19 licenses which comply with section 202 of title II of the federal Real
20 ID Act of 2005 (Public Law 109-13) and which are acceptable for federal
21 purposes.
22 (b) Notwithstanding any provision of law, rule or regulation to the
23 contrary, upon the submission and verification of proper documentation,
24 the department shall reissue to any current licensee possessing a valid,
25 but non-compliant state issued license, a driver's license which is
26 compliant with the federal Real ID Act and which is acceptable for
27 federal purposes. The department may not charge any fee or surcharge
28 for the reissuance of any license pursuant to this paragraph.
29 (c) On December first, two thousand twenty-five, the department shall
30 submit a report to the governor and the legislature detailing any addi-
31 tional costs to the state resulting from compliance with the federal
32 Real ID Act (Public Law 109-13), in order for the state to request
33 reimbursement from the federal government.
34 § 4. Section 490 of the vehicle and traffic law is amended by adding a
35 new subdivision 1-a to read as follows:
36 1-a. Compliance with federal Real ID Act. (a) Notwithstanding any
37 provision of law, rule or regulation to the contrary, that in the issu-
38 ance of a non-driver identification card under this chapter, the depart-
39 ment shall only issue or reissue upon application for renewal or
40 replacement, non-driver identification cards which comply with section
41 202 of title II of the federal Real ID Act of 2005 (Public Law 109-13)
42 and which are acceptable for federal purposes.
43 (b) Notwithstanding any provision of law, rule or regulation to the
44 contrary, upon the submission and verification of proper documentation,
45 the department shall reissue to any person who has been issued a non-
46 compliant non-driver identification card, a non-driver identification
47 card which complies with the federal Real ID Act and which is acceptable
48 for federal purposes. The department may not charge any fee or surcharge
49 for the reissuance of any identification card pursuant to this para-
50 graph.
51 (c) On December first, two thousand twenty-five, the department shall
52 submit a report to the governor and the legislature detailing any addi-
53 tional costs to the state resulting from compliance with the federal
54 Real ID Act (Public Law 109-13), in order for the state to request
55 reimbursement from the federal government.
S. 416--A 3
1 § 5. The vehicle and traffic law is amended by adding a new section
2 504-a to read as follows:
3 § 504-a. Compliance with federal law. The commissioner shall undertake
4 a review of all applicable federal laws and regulations, concerning the
5 issuance of driver's licenses and vehicle registrations, and shall issue
6 a report to the governor and legislature, on or before December first of
7 each year, detailing the status of New York's compliance with each and
8 every applicable federal law or regulation. The report shall expressly
9 identify any portion of federal law or regulation with which New York
10 state is not presently fully complying with, and shall state any and all
11 reasons for the failure of the department to comply.
12 § 6. This act shall take effect on the one hundred twentieth day after
13 it shall have become a law. Effective immediately, the department of
14 motor vehicles shall begin promulgating rules and regulations to effec-
15 tuate the provisions of this act.
