STATE OF NEW YORK
________________________________________________________________________
5842--B
2015-2016 Regular Sessions
IN SENATE
June 8, 2015
___________
Introduced by Sens. CROCI, AKSHAR, BONACIC, BOYLE, CARLUCCI, DeFRANCIS-
CO, FARLEY, FUNKE, GALLIVAN, GOLDEN, GRIFFO, HANNON, LARKIN, LAVALLE,
MARCHIONE, MARTINS, MURPHY, NOZZOLIO, SERINO, SEWARD -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- 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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11520-07-6
S. 5842--B 2
1 (d) That the verification requirement was meant to ensure that terror-
2 ists were not issued identification cards based on the proffering of
3 forged or otherwise fake documentation;
4 (e) That after ten years of non-compliance, the department of motor
5 vehicles applied for, and received a one-year compliance waiver from the
6 federal government;
7 (f) That in addition to the security threat that further delay
8 presents, failure to comply could result in New Yorkers being denied
9 admittance to airports, federal facilities and military bases as soon as
10 October 2016; and
11 (g) That it is the intent of this legislature, by and through enact-
12 ment of this act, to meet or exceed the document and issuance standards
13 set forth in the federal Real ID Act of 2005 (Public Law 109-13), in
14 order to ensure the safety and security of our great state, and to
15 provide New Yorkers with a federally recognized and acceptable driver's
16 license.
17 § 3. Section 502 of the vehicle and traffic law is amended by adding a
18 new subdivision 1-a to read as follows:
19 1-a. Compliance with federal Real ID Act. (a) Notwithstanding any
20 provision of law, rule or regulation to the contrary, that in the issu-
21 ance of a driver's license under this chapter, the department shall only
22 issue or reissue upon application for renewal or replacement, driver's
23 licenses which comply with section 202 of title II of the federal Real
24 ID Act of 2005 (Public Law 109-13) and which are acceptable for federal
25 purposes.
26 (b) Notwithstanding any provision of law, rule or regulation to the
27 contrary, upon the submission and verification of proper documentation,
28 the department shall reissue to any current licensee possessing a valid,
29 but non-compliant state issued license, a driver's license which is
30 compliant with the federal Real ID Act and which is acceptable for
31 federal purposes. The department may not charge any fee or surcharge
32 for the reissuance of any license pursuant to this paragraph.
33 (c) On December first of each year, the department shall submit a
34 report to the governor and the legislature detailing any additional
35 costs to the state resulting from compliance with the federal Real ID
36 Act (Public Law 109-13), in order for the state to request reimbursement
37 from the federal government.
38 § 4. The vehicle and traffic law is amended by adding a new section
39 504-a to read as follows:
40 § 504-a. Compliance with federal law. The commissioner shall undertake
41 a review of all applicable federal laws and regulations, concerning the
42 issuance of driver's licenses and vehicle registrations, and shall issue
43 a report to the governor and legislature, on or before December first of
44 each year, detailing the status of New York's compliance with each and
45 every applicable federal law or regulation. The report shall expressly
46 identify any portion of federal law or regulation with which New York
47 state is not presently fully complying with, and shall state any and all
48 reasons for the failure of the department to comply.
49 § 5. This act shall take effect on the one hundred twentieth day after
50 it shall have become a law. Effective immediately, the department of
51 motor vehicles shall begin promulgating rules and regulations to effec-
52 tuate the provisions of this act.
