NY State Senate Bill 2015-S2584

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to transportation
Jan 26, 2015	referred to transportation

co-Sponsors

2015-S2584 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490 & 502, rpld §502 sub 1, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3669
2011-2012: S4408
2013-2014: S2590

2015-S2584 (ACTIVE) - Summary

Relates to the requirements of proof for certain licenses.

2015-S2584 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2584

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to
requirements of proof for certain licenses; and to repeal certain
provisions of such law relating thereto

PURPOSE:

To require the commissioner of the Department of Motor Vehicles (DMV)
to obtain certain proof from any applicant for a driver's license or
non-driver identification card who cannot provide a social security
number that they are ineligible for such social security number.

SUMMARY OF PROVISIONS:

Section 1 amends subparagraph (i) of paragraph (a) of subdivision 3 of
section 490 of the vehicle and traffic law, as amended by chapter 487
of the laws of 2012, by requiring the commissioner to require proof
that the applicant is not eligible for a social security number
through documents submitted by an applicant to the US Department of
Homeland Security.

Section 2 repeals subdivision 1 of section 502 of the vehicle and
traffic law, as separately amended by chapters 465 and 487 of the laws

of 2012; and adds a new subdivision 1 that outlines the application
for a license

Section 3 amends subdivision 1 of section 502 of the vehicle and
traffic law.

Section 4 amends paragraph (a) of subdivision 6 of section 502 of the
vehicle and traffic law, as amended by section 3 of part K of chapter
59 of the laws of 2009 by requiring the commissioner an applicant to
provide proof that an applicant for a license is not eligible for a
social security number through documents submitted by an applicant to
the US Department of Homeland Security.

Section 5 outlines an immediate effective date; provided that section
3 takes effect on October 3, 2016.

JUSTIFICATION:

The New York State Department of Motor Vehicles has long required
driver's license applicants who don't have Social Security numbers to
submit a Social Security Administration (SSA) letter stating the
person wasn't eligible to work in the US and so wasn't issued a Social
Security number, but was present in the country legally. On September
6, 2001, the Commissioner further clarified the Department's
requirements making immigrants provide more proof. In addition to the
SSA letter, applicants who do not have a SSN would be required to
submit the DHS documents used to obtain the SSA letter. The Department
then pursued the formal State Administrative Procedure Act process to
formally adopt this procedure as Department regulation.


The new rule instituted five days before terrorists attacked the World
Trade Center requires driver's license applicant to provide federal
immigration documents to prove they are in the country legally. Some
of the September 11 hijackers had obtained driver's licenses. Seven of
the terrorists exploited loopholes in other states that allowed people
to obtain driver's licenses and 10 cards by submitting sworn
statements instead of proof of residency or identity.  A lawsuit was
filed in 2004, after the state started cracking down.  Advocates for
illegal aliens claimed the crackdown was expected to result in the
loss of driver's licenses for 300,000 illegal aliens.

In 2005, a state supreme Court justice in Manhattan ordered the state
to stop seizing the driver's licenses of immigrants without Social
Security cards, arguing in part that the DMV couldn't enforce
immigration law. But in July 2005, the appellate division overturned
that ruling and allowed the state to require that immigrants prove
they are in the United States legally to get a driver's license. The
DMV defended the rules, saying they were put in place to combat fraud
and terrorism.

The Court of Appeals ruled June 7, 2007, by a vote of 5-2 that DMV
regulations are constitutional. The Court further upheld regulations
that provide that the only exception to this rule is if the applicant
is ineligible to obtain such a number as determined by immigration
documents issued by the Department of Homeland Security (DHS), The
case is CUBAS V. MARTINEZ, (2007 NY Slip Op 04723).

The decision is to be welcomed. Preventing the issuance of drivers'
licenses to individuals who cannot establish their identity and legal
presence deters not only fraudulent use but also the employ of such
documentation as needed Proof to obtain other "legal" credentials or
to ease travel, purchase goods and/or perform other acts with illegal
or terrorist inspired intentions.

Since the processing and verification of foreign documents will now be
integral to the drivers license application procedure, New York will
be forced to acquire millions of dollars of new equipment and hire and
train hundreds of new Motor Vehicle employees. This equipment has not
been thoroughly tested nor certified.

This legislation is necessary to prevent New York from voluntarily
disarming itself in the battle to protect its citizens from those who
would come to our shores with the intention of doing us harm. The
rationale for this policy change does not withstand close examination
and any Potential benefits are far outweighed by the likely
consequences.

LEGISLATIVE HISTORY:

2008 - Transportation Committee 2009-2010 - Transportation Committee
2011-2012 - Transportation Committee 2013 - Transportation Committee
2014 - Transportation Committee

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

Immediately; provided however the Section 3 shall take effect October
3, 2016.

2015-S2584 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2584

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to requirements
  of proof for certain licenses; and to  repeal  certain  provisions  of
  such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subparagraph (i) of paragraph (a)  of  subdivision  3  of
section 490 of the vehicle and traffic law, as amended by chapter 487 of
the laws of 2012, is amended to read as follows:
  (i)  The commissioner shall upon submission of an appropriate applica-
tion, upon payment of the prescribed fee, and upon being satisfied  that
the  person described is the applicant and that such applicant meets the
requirements set forth in subdivision two of this section, issue to such
applicant a nontransferable  identification  card.    In  addition,  the
commissioner  also shall require that an applicant for an identification
card or renewal thereof provide his or her social  security  number,  OR
PROVIDE  PROOF  THAT  HE  OR  SHE  IS NOT ELIGIBLE FOR A SOCIAL SECURITY
NUMBER. SUCH PROOF MAY INCLUDE ANY DOCUMENTS SUBMITTED BY  AN  APPLICANT
TO  THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR THE PURPOSE OF
DETERMINING WHETHER SUCH APPLICANT IS ELIGIBLE TO RECEIVE A SOCIAL SECU-
RITY NUMBER.  The commissioner shall provide space so that an  applicant
may request a notation upon such identification card that he or she is a
veteran of the United States armed forces.
  S  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by chapters 465 and 487  of  the  laws  of  2012,  is
REPEALED and a new subdivision 1 is added to read as follows:
  1.  APPLICATION  FOR LICENSE. APPLICATION FOR A DRIVER'S LICENSE SHALL
BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE  SUBMITTED
WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI-
TY, AGE, AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER. THE COMMIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08319-01-5

S. 2584                             2

SIONER MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL INCLUDE THE
TAKING  OF  A  PHOTO IMAGE OR IMAGES OF THE APPLICANT IN ACCORDANCE WITH
RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN  ADDITION,  THE
COMMISSIONER  SHALL REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER SOCIAL
SECURITY NUMBER, OR PROVIDE PROOF THAT HE OR SHE IS NOT ELIGIBLE  FOR  A
SOCIAL  SECURITY  NUMBER. SUCH PROOF MAY INCLUDE ANY DOCUMENTS SUBMITTED
BY AN APPLICANT TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR
THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT IS ELIGIBLE TO RECEIVE
A SOCIAL SECURITY NUMBER. THE COMMISSIONER SHALL ALSO PROVIDE  SPACE  ON
THE APPLICATION SO THAT THE APPLICANT MAY REGISTER IN THE NEW YORK STATE
ORGAN AND TISSUE DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF
THE  PUBLIC  HEALTH  LAW WITH THE FOLLOWING STATED ON THE APPLICATION IN
CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
  THE COMMISSIONER OF  THE  DEPARTMENT  OF  HEALTH  SHALL  NOT  MAINTAIN
RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
FAILING  TO  CHECK  A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
THE APPLICATION SHALL ALSO PROVIDE  SPACE  SO  THAT  THE  APPLICANT  MAY
REQUEST  A NOTATION UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE
UNITED STATES ARMED FORCES.  IN ADDITION, AN APPLICANT FOR A  COMMERCIAL
DRIVER'S  LICENSE  WHO WILL OPERATE A COMMERCIAL MOTOR VEHICLE IN INTER-
STATE COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS THE  REQUIREMENTS
TO  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE,  AS  SET FORTH IN PUBLIC LAW
99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGULATIONS,  AND
ALL  REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY OF TRANSPOR-
TATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT. IN ADDITION, AN
APPLICANT FOR A COMMERCIAL  DRIVER'S  LICENSE  SHALL  SUBMIT  A  MEDICAL
CERTIFICATE  AT  SUCH INTERVALS AS REQUIRED BY THE FEDERAL MOTOR CARRIER
SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF  TITLE  49  OF  THE
CODE  OF  FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN A
MANNER PRESCRIBED BY THE COMMISSIONER.  FOR PURPOSES OF THIS SECTION AND
SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA
OF THIS TITLE, THE TERMS  "MEDICAL  CERTIFICATE"  AND  "MEDICAL  CERTIF-
ICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET
FORTH  IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
UPON A DETERMINATION THAT THE HOLDER OF A  COMMERCIAL  DRIVER'S  LICENSE
HAS  MADE  ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICATION FOR SUCH
LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
  S 3. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
added by section two of this act, is amended to read as follows:
  1.  Application  for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be  submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the

S. 2584                             3

commissioner  shall require that the applicant provide his or her social
security number, or provide proof that he or she is not eligible  for  a
social  security  number. Such proof may include any documents submitted
by an applicant to the United States department of homeland security for
the purpose of determining whether such applicant is eligible to receive
a  social  security number. The commissioner shall also provide space on
the application so that the applicant may register in the New York state
organ and tissue donor registry under section forty-three hundred ten of
the public health law [with the following stated on the  application  in
clear and conspicuous type:
  "You  must  fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
tion'."
  The  commissioner  of  the  department  of  health  shall not maintain
records of any person who checks "skip this question". Failure to  check
a  box  shall  not impair the validity of an application, and failure to
check "yes" or checking "skip this question" shall not be  construed  to
imply  a  wish not to donate. In the case of an applicant under eighteen
years of age, checking "yes" shall not constitute  consent  to  make  an
anatomical  gift  or  registration in the donate life registry. Where an
applicant has previously consented to make an anatomical gift or  regis-
tered  in  the  donate  life  registry, checking "skip this question" or
failing to check a box shall not impair that consent  or  registration].
The  application  shall  also  provide  space  so that the applicant may
request a notation upon such license that he or she is a veteran of  the
United  States armed forces.  In addition, an applicant for a commercial
driver's license who will operate a commercial motor vehicle  in  inter-
state  commerce shall certify that such applicant meets the requirements
to operate a commercial motor  vehicle,  as  set  forth  in  public  law
99-570,  title XII, and title 49 of the code of federal regulations, and
all regulations promulgated by the United States secretary of  transpor-
tation under the hazardous materials transportation act. In addition, an
applicant  for  a  commercial  driver's  license  shall submit a medical
certificate at such intervals as required by the federal  motor  carrier
safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the
code of federal regulations relating to medical certification and  in  a
manner prescribed by the commissioner.  For purposes of this section and
sections five hundred three, five hundred ten-a, and five hundred ten-aa
of  this  title,  the  terms  "medical certificate" and "medical certif-
ication" shall mean a form substantially in compliance with the form set
forth in Part 391.43(h) of title 49 of the code of federal  regulations.
Upon  a  determination  that the holder of a commercial driver's license
has made any false statement, with respect to the application  for  such
license, the commissioner shall revoke such license.
  S  4. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by section 3 of part K of chapter 59 of the laws
of 2009, is amended to read as follows:
  (a) A license issued pursuant to  subdivision  five  of  this  section
shall  be valid until the expiration date contained thereon, unless such
license is suspended, revoked or cancelled. Such license may be  renewed
by  submission of an application for renewal, the fee prescribed by law,
proofs of prior licensing, fitness and acceptable vision  prescribed  by
the  commissioner,  AND  the applicant's social security number[, and if
required by the commissioner] OR PROVIDE PROOF THAT HE  OR  SHE  IS  NOT
ELIGIBLE  FOR A SOCIAL SECURITY NUMBER. SUCH PROOF MAY INCLUDE ANY DOCU-
MENTS SUBMITTED BY AN APPLICANT TO THE UNITED STATES DEPARTMENT OF HOME-

S. 2584                             4

LAND SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH  APPLICANT  IS
ELIGIBLE  TO RECEIVE A SOCIAL SECURITY NUMBER. THE COMMISSIONER MAY ALSO
REQUIRE SUBMISSION OF a photo image of the applicant in such numbers and
form as the commissioner shall prescribe.  In addition, an applicant for
renewal  of  a license containing a hazardous material endorsement shall
pass an examination to retain such endorsement. The commissioner  shall,
with respect to the renewal of a hazardous materials endorsement, comply
with  the  requirements  imposed  upon  states  by  sections 383.141 and
1572.13 of title 49 of the code of federal  regulations.  A  renewal  of
such  license  shall be issued by the commissioner upon approval of such
application, except that no such license shall be issued if its issuance
would be inconsistent  with  the  provisions  of  section  five  hundred
sixteen  of  this  title, and except that the commissioner may refuse to
renew such license if the applicant is the holder of a  currently  valid
or renewable license to drive issued by another state or foreign country
unless the applicant surrenders such license.
  S  5.  This  act  shall take effect immediately; provided however that
section three of this act shall take effect October 3, 2016.

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Senate Bill S2584

Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2015-S2584 (ACTIVE) - Details

2015-S2584 (ACTIVE) - Summary

2015-S2584 (ACTIVE) - Sponsor Memo

2015-S2584 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2584

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - Stricken

co-Sponsors

Thomas D. Croci

2015-S2584 (ACTIVE) - Details

2015-S2584 (ACTIVE) - Summary

2015-S2584 (ACTIVE) - Sponsor Memo

2015-S2584 (ACTIVE) - Bill Text download pdf

Comments