senate Bill S2590B

Relates to the requirements of proof for certain licenses; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 13 / Feb / 2013
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 13 / Feb / 2013
    • PRINT NUMBER 2590A
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 28 / Jan / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 28 / Jan / 2014
    • PRINT NUMBER 2590B

Summary

Relates to the requirements of proof for certain licenses.

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Bill Details

Versions:
S2590
S2590A
S2590B
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§490 & 502, rpld §502 sub 1, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4408
2009-2010: S3669

Sponsor Memo

BILL NUMBER:S2590B

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 Vehi-
cles (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 docu-
ments submitted by an applicant to the US Department of Homeland Securi-
ty.

Section 2 repeals subdivision 1 of section 502 of the vehicle and traf-
fic 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 formal-
ly 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 regu-
lations 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 docu-
ments 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 conse-
quences.

LEGISLATIVE HISTORY: 2008 - Transportation Committee 2009-2010 - Trans-
portation Committee 2011-2012 - Transportation Committee 2013 - Trans-
portation Committee

FISCAL IMPLICATIONS: None.

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

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

                                 2590--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- recommitted to the Committee on  Transpor-
  tation  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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07262-03-4

S. 2590--B                          2

  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-
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:

S. 2590--B                          3

  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
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

S. 2590--B                          4

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-
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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