BILL NUMBER:S2237

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to authorizing the department of motor vehicles to issue
limited purpose drivers' licenses

PURPOSE:

To improve public safety and expand economic opportunity by allowing
individuals who cannot provide the documentation necessary to obtain a
standard or enhanced drivers' license the chance to earn a limited
purpose drivers' license.

SUMMARY OF PROVISIONS:

Section 1 adds section 503-A to the vehicle and traffic law, providing
for the creation and implementation of Limited Purpose Drivers'
Licenses in New York.

Paragraph 1 directs the department to provide limited purpose drivers'
licenses to qualified individuals.

Paragraph 2 sets forth the necessary proofs of identity and residency
an applicant must show in order to obtain a limited purpose drivers'
license.

              

Paragraph 3 sets forth the duration for which limited purpose drivers'
licenses shall be valid.

Paragraph 4 provides for the creation of a differentiated license
designed to comply with the federal REAL ID Act of 2005 and Department
of Homeland Security Regulations. This differentiated license shall
clearly state that the license is "Not Acceptable for Federal
Purposes."

Paragraph 5 makes provisions for altering the limited purpose drivers'
license if the Department of Homeland Security determines that a
license issued pursuant to this section does not comply with federal
law.  Paragraph 6 makes clear that a license issued pursuant to this
section may not be used as evidence of a license holder's immigration
status, nor as the basis for investigating, arresting, or detaining a
limited purpose license holder under circumstances where an individual
who held a license pursuant to another section of law would not have
been investigated, arrested or detained.

Paragraph 7 makes it a violation of law, including New York Human
Rights Law (Executive Law Article 15) to discriminate against an
individual because he or she applies for, holds or presents a license
issued under this section.

Paragraph 8 provides that information collected under this section is
not public record and may not be disclosed by the department unless
required by law.

Paragraph 9 provides that such license may be used for identification
purposes, except where prohibited by law.


JUSTIFICATION:

By passing this legislation, New York will join the eleven states, as
well as the District of Colombia and Puerto Rico, which have already
taken the sensible step of passing legislation that allows immigrant
motorists the opportunity to earn legal driving privileges. These
states include our neighbors in Connecticut, big states with major
cities like Illinois and California, even a deep red state like Utah,
not to mention the one jurisdiction whose homeland security concerns
rival New York City's-Washington, D.C.

Ten of these laws were passed in 2013 alone, and similar bills are
under consideration in state houses all across the country. The
reasons for this flurry of legislative activity are simple. First,
comprehensive reform is stalled in Washington and limited purpose
drivers' licenses are a commonsense way states can improve public
safety and give hard-working immigrants the chance to legally do basic
things the rest of us take for granted, like commuting to work,
driving to church, or taking their kids to school. Second, recent
federal guidance has allowed states to develop distinguishable,
limited purpose licenses that comply with REAL ID Act and Department
of Homeland Security requirements, while still providing these same
benefits to states and their residents.

Allowing all individuals the opportunity to earn a drivers license,
regardless of immigration status, will improve public safety by
ensuring that everyone driving on our roads is properly credentialed,
informed of our traffic laws, and is operating a registered, inspected
and insured vehicle. In New Mexico and Utah, where these laws have
been in place for a decade or more, there has been a demonstrable
impact on road safety: New Mexico saw a 23% decrease in traffic deaths
between 2002 and 2010 and Utah experienced a 15% reduction during that
time period. Moreover, possessing a legal license will facilitate
increased cooperation between immigrants and law enforcement, making
it more likely that drivers will remain at the scene of a car accident
or cooperate as a witness to a crime. Our current system, which
prevents these individuals from obeying the law, places everyone
needlessly at risk.

Moreover, as additional drivers obtain insurance, the number of
accidents involving uninsured motorists will naturally decline. The
costs of such accidents - and the premiums that cover them - will
drop, and insurance rates will go down for everyone. In Illinois, for
example, it is estimated that if only half of the state's 250,000
unlicensed immigrant residents became licensed and insured, Illinois
policyholders would save $46 million per year in premium payments.
With an immigrant population more than twice the size of Illinois',
New York drivers could see even greater savings. Additionally, the
state would receive an influx of millions of dollars in fees from
these newly licensed drivers, providing potential funding for any
number of worthy programs.

Beyond road safety and overall economic impact, passing this
legislation will also allow hundreds of thousands of immigrants to
move out of the shadows and into the economic mainstream. This will
benefit not only the license holders themselves, who will enjoy
greater employment flexibility, but also the many businesses that


employ these individuals. This is particularly true in New York's
agriculture industry, where the workforce is largely comprised of
immigrants and driving significant distances between fields or
operating motor vehicles as part of the farming process is the norm.
Moreover, immigrants are disproportionately victims of exploitation
and fraud, and the ability to obtain a drivers license would make them
less isolated and vulnerable to such predation.

Providing drivers' licenses to all New Yorkers is not some novel and
untested plan. In fact, it was the status quo for ninety years, until
2002 when Governor Pataki changed the law to require license holders
to have social security numbers, invalidating the licenses of 152,000
New Yorkers. In 2007, when Governor Spitzer attempted to restore
immigrant drivers' licenses, New York was clearly not ready for such a
step, and the political firestorm remains fresh in the minds of many.
However, times have changed, and other states have demonstrated that
this can be done, and done right. We cannot afford to wait on federal
action to restore sanity to our broken immigration system. We must
take what steps we can to fill these gaps, and a proven, commonsense
measure like this one is an obvious choice to be part of this effort.

LEGISLATIVE HISTORY:

2013-2014: S. 5965-B

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect twelve months after the date on which it
shall have become law; provided, however, that the commissioner of
motor vehicles shall promulgate any rules or regulations necessary for
the timely implementation of this act on or before such date.