NY State Senate Bill 2015-S3607

Senate Bill S3607

2015-2016 Legislative Session

Authorizes certain undocumented Americans to obtain New York state drivers' licenses or non-driver identification cards; repealer

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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 06, 2016	referred to transportation
Feb 13, 2015	referred to transportation

co-Sponsors

2015-S3607 (ACTIVE) - Details

See Assembly Version of this Bill:: A9423
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 Other Legislative Sessions:: 2011-2012: S6070
2013-2014: S2106, A7233
2017-2018: S801

2015-S3607 (ACTIVE) - Summary

Authorizes certain undocumented Americans to obtain New York state drivers' licenses or non-driver identification cards if they have a high school diploma or its equivalent.

2015-S3607 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3607

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to authorizing certain undocumented Americans to obtain New
York state drivers' licenses or non-driver identification cards; to
repeal certain provisions of such law relating thereto; and providing
for the repeal of certain provisions upon expiration thereof

PURPOSE:

To allow New York State students who have received a high school
diploma or equivalent, regardless of immigration status, be allowed to
obtain a New York State drivers' license or non-driver identification
card provided they meet criteria promulgated by the Commissioner of
the Department of Motor Vehicles and set forth in law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subparagraph (i) of paragraph (a) of
subdivision 3 of section 490 of the vehicle and traffic law, as
amended by chapter 235 of the laws of 2002 to include language that
states, no applicant shall be denied a non-driver identification card
if such applicant has received a high school diploma or equivalent."

Section 2 of the bill amends subdivision 1 of section 502 of the
vehicle and traffic law, as amended by chapter 639 of the laws of 2006

to include language stating that, no applicant shall be denied a
driver's license if such applicant (i) otherwise qualifies for a
license pursuant to this section, (ii) has received a high school
diploma or equivalent, and (iii) has applied for lawful immigration
status or shall apply for lawful immigration status as soon as such
applicant is eligible to do so.

Further, this section is amended to prohibit applicants from being
denied a license solely on the basis of not having a social security
number.

Section 3 of the bill amends subdivision 1 of section 502 of the
vehicle and traffic law, as amended by section 2 of part CC of chapter
58 of the laws of 2011 to include language, that no applicant shall be
denied a driver's license if such applicant: (i) otherwise qualifies
for a license pursuant to this section, (ii) has received a high
school diploma or equivalent (iii) has applied for lawful immigration
status or shall apply for lawful immigration status as soon as such
applicant is eligible to do so.

Further, this section is amended to prohibit applicants from being
denied a license solely on the basis of not having a social security
number.

Section 4 of the bill 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 to protect the ability of license
renewals by individuals who already have obtained a valid license but
do not have a social security number.

JUSTIFICATION:


This bill shall allow all people (including undocumented immigrants)
who have received a high school diploma or equivalent to be eligible
to receive a drivers license or a non-driving ID through the
department of motor vehicles.

With the law's enactment, a person who has received a high school
diploma or equivalent who are not documented U.S. citizens would have
the same driving and identification rights that legal state residents
enjoy.

All those applying for such license would have to file an affidavit
with the department of motor vehicles stating that they have applied
for a lawful immigration status or will apply as soon as they are
eligible to do so.

This bill is necessary to protect the children of undocumented parents
who have grown up in New York State and cannot be expected to live on
the fringes of society because their parents wanted a better life for
the family. Due to no fault of their own these children are currently
alienated in the very society they live, know, and grew up in.
receiving a high school diploma or equivalent adequately demonstrates
a desire to be engaged in society to the extent. These graduates
should be able to pursue advancement as needed by the ability to have
driving and identification rights in the state of New York.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Positive Revenue to the State from the collection of licensure fees
will be determined.

EFFECTIVE DATE:

This act shall take effect on the 120th day after becoming law, with
provisions.

2015-S3607 (ACTIVE) - Bill Text download pdf

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

                                  3607

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced by Sens. ESPAILLAT, RIVERA -- 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 authorizing
  certain undocumented Americans  to  obtain  New  York  state  drivers'
  licenses   or  non-driver  identification  cards;  to  repeal  certain
  provisions of such law relating thereto; and providing for the  repeal
  of certain provisions upon expiration thereof

  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,
PROVIDED,  HOWEVER  THAT NO APPLICANT SHALL BE DENIED A NON-DRIVER IDEN-
TIFICATION CARD IF SUCH APPLICANT HAS OBTAINED A HIGH SCHOOL DIPLOMA  OR
ITS  EQUIVALENT.  The commissioner shall provide space so that an appli-
cant 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 section 1 of part D of chapter 58 and chapter 487
of the laws of 2012, 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,  PROVIDED,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08875-01-5

S. 3607                             2

HOWEVER  THAT  NO  APPLICANT  SHALL BE DENIED A DRIVER'S LICENSE IF SUCH
APPLICANT: (I) OTHERWISE  QUALIFIES  FOR  A  LICENSE  PURSUANT  TO  THIS
SECTION,  (II) HAS OBTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, AND
(III)  HAS  APPLIED  FOR  LAWFUL  IMMIGRATION  STATUS OR SHALL APPLY FOR
LAWFUL IMMIGRATION STATUS AS SOON AS SUCH APPLICANT IS  ELIGIBLE  TO  DO
SO.    The  commissioner 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 also shall require that the applicant provide
his  or her social security number, IF SUCH APPLICANT HAS A SOCIAL SECU-
RITY NUMBER, BUT NO APPLICANT SHALL BE DENIED A LICENSE PURSUANT TO THIS
SECTION SOLELY ON THE BASIS OF NOT HAVING A SOCIAL SECURITY NUMBER,  and
SHALL  provide space on the application so that the applicant may regis-
ter in the New York state organ and tissue donor registry under  section
forty-three hundred ten of the public health law[, and] WITH THE FOLLOW-
ING 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 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 interstate
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 transportation
under the hazardous materials transportation act. In addition, an appli-
cant  for  a  commercial driver's license shall submit a medical certif-
icate 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
amended by chapter 465 of the laws of 2012, is REPEALED.
  S  4.  Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by section 1 of part D of chapter 58 and chapter  487
of the laws of 2012, is amended to read as follows:

S. 3607                             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, PROVIDED,
HOWEVER  THAT  NO  APPLICANT  SHALL BE DENIED A DRIVER'S LICENSE IF SUCH
APPLICANT: (I) OTHERWISE  QUALIFIES  FOR  A  LICENSE  PURSUANT  TO  THIS
SECTION,  (II) HAS OBTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, AND
(III) HAS APPLIED FOR LAWFUL  IMMIGRATION  STATUS  OR  SHALL  APPLY  FOR
LAWFUL  IMMIGRATION  STATUS  AS SOON AS SUCH APPLICANT IS ELIGIBLE TO DO
SO.  The commissioner 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 also shall require that the applicant provide
his or her social security number, IF SUCH APPLICANT HAS A SOCIAL  SECU-
RITY NUMBER, BUT NO APPLICANT SHALL BE DENIED A LICENSE PURSUANT TO THIS
SECTION  SOLELY ON THE BASIS OF NOT HAVING A SOCIAL SECURITY NUMBER, and
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, and space so that the appli-
cant may request a notation upon such license that he or she is a veter-
an of the United States armed forces. In addition, an  applicant  for  a
commercial  driver's license who will operate a commercial motor vehicle
in interstate 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  regu-
lations,  and all regulations promulgated by the United States secretary
of transportation 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
certification" 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  driv-
er's  license has made any false statement, with respect to the applica-
tion for such license, the commissioner shall revoke such license.
  S 5. 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, the applicant's social security number, IF SUCH APPLI-
CANT HAS A SOCIAL SECURITY NUMBER, and if required by the commissioner a
photo image of the applicant in such numbers and form as the commission-
er 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  require-
ments 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

S. 3607                             4

issued by the commissioner upon approval  of  such  application,  except
that no such license shall be issued if its issuance would be inconsist-
ent  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 6. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law; provided, however that the amendments to
subdivision 1 of section 502 of the vehicle  and  traffic  law  made  by
section  two  of this act shall expire and be deemed repealed October 3,
2016 when upon such date section four of this  act  shall  take  effect.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized to be made on or before such date.

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Senate Bill S3607

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Sponsored By

Adriano Espaillat