S T A T E O F N E W Y O R K
________________________________________________________________________
2259
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
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Introduced by M. of A. CROUCH, GIGLIO, McDONOUGH, MONTESANO -- Multi-
Sponsored by -- M. of A. HAWLEY -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to proof of
authorized presence in the United States for a driver's license or
non-driver identification card
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 502-b to read as follows:
§ 502-B. PROOF OF AUTHORIZED PRESENCE IN THE UNITED STATES. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
REQUIRE EVERY APPLICANT FOR A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICA-
TION CARD TO SUBMIT SATISFACTORY PROOF THAT THE APPLICANT'S PRESENCE IN
THE UNITED STATES IS AUTHORIZED UNDER FEDERAL LAW.
2. THE DEPARTMENT SHALL NOT ISSUE A DRIVER'S LICENSE OR NON-DRIVER
IDENTIFICATION CARD TO ANY PERSON WHO DOES NOT SUBMIT SATISFACTORY PROOF
THAT THE APPLICANT'S PRESENCE IN THE UNITED STATES IS AUTHORIZED UNDER
FEDERAL LAW.
3. IF THE DEPARTMENT DETERMINES OR REASONABLY SUSPECTS, BASED UPON THE
INFORMATION PROVIDED TO IT, THAT THE APPLICANT'S PRESENCE IN THE UNITED
STATES IS NOT AUTHORIZED UNDER FEDERAL LAW, THE DEPARTMENT SHALL NOTIFY
THE UNITED STATES BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT OF SUCH
PERSON'S SUSPECTED ILLEGAL STATUS.
4. THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THE PURPOSES OF
THIS SECTION, INCLUDING PROCEDURES FOR, BUT NOT LIMITED TO, (A) VERIFY-
ING THAT THE APPLICANT'S PRESENCE IN THE UNITED STATES IS AUTHORIZED
UNDER FEDERAL LAW, (B) ISSUANCE OF TEMPORARY LICENSES PENDING VERIFICA-
TION OF STATUS, (C) APPEALS HEARINGS FROM DENIALS OF LICENSES OR TEMPO-
RARY LICENSES, AND (D) NOTIFICATION PURSUANT TO SUBDIVISION THREE OF
THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04483-01-7
A. 2259 2
5. THE INABILITY TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS SECTION
DOES NOT ABROGATE OR DIMINISH IN ANY RESPECT THE LEGAL REQUIREMENT OF
EVERY DRIVER IN THIS STATE TO OBEY THE MOTOR VEHICLE LAWS OF THIS STATE,
INCLUDING LAWS WITH RESPECT TO LICENSING, MOTOR VEHICLE REGISTRATION,
AND FINANCIAL RESPONSIBILITY.
6. ANY PERSON WHO KNOWINGLY OBTAINS OR ASSISTS A PERSON IN OBTAINING A
DRIVER'S LICENSE OR IDENTIFICATION CARD FOR HIMSELF OR HERSELF OR FOR
ANY PERSON WHOSE PRESENCE IN THE UNITED STATES IS NOT AUTHORIZED UNDER
FEDERAL LAW SHALL BE GUILTY OF A MISDEMEANOR.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.