Senate Bill S3848

                                 BILL NUMBER:  S3848

 TITLE OF BILL :

An act to amend the general city law, in relation to prohibiting the
destruction of information submitted by applicants for municipal forms
of identification, and requiring such information to be submitted to
the division of homeland security and emergency services and the
office for new Americans

 PURPOSE :

This bill requires cities which issue forms of identification to
maintain the application information relating thereto, and submit it
to the Division of Homeland Security and Emergency Services and the
Office for New Americans.

 SUMMARY OF PROVISIONS :

Section one amends the general city law by adding a new section 18-e
regarding forms of identification records. Subdivision one states that
no city that issues any form of identification to persons, who are not
employees of such city, other than identification used solely as proof
of residency in such city, shall destroy or cause to be destroyed any
application, or the information contained therein, for such form of
identification. Any city that violates the provisions of this
              

subdivision will be subject to a civil penalty of $1000 for each
application or portion thereof that was destroyed. The proceeds of all
penalties collected pursuant to this subdivision shall be allocated
and disbursed to the Office of New Americans to carry out its purpose
pursuant to § 94b of the executive law. Subdivision two states that
within ten days of receipt of an application for a form of
identification issued by a city, such city shall forward copies of
such application to the Division of Homeland Security and Emergency
Services and the Office for New Americans.

Section two states that every city which issued any form of
identification, to which section 18-e of the general city law, as
added by section one of this act applies, prior to the effective date
of this act, shall, within ten days of such effective date, transmit
any and all information contained in the applications for such
identification, which remains in the possession of such city, to the
Division of Homeland Security and Emergency Services and the Office
for New Americans.

Section three establishes the effective date.

 JUSTIFICATION :

In January 2015, New York City implemented the issuance of IDNYC, a
government issued identification card, obtainable by all New York City
residents, despite immigration status. In fact, the application for
such card does not require disclosure of an individual's immigration
status. IDNYC cards allow individuals the ability to establish bank
accounts and access other city provided services. However, the
program's enacting language includes provisions to allow the City to
destroy these records in an effort to evade the enforcement of federal
immigration laws.

Destruction of these files would substantially jeopardize the health
and safety of all New York residents. Failure to maintain records
could impede law enforcements' ability to conduct criminal
investigations, and conduct effective counter terrorism measures. For
example, without the identifying information of these individuals, law
enforcement would be unable to investigate money-laundering

enterprises, which seek to fund potential terrorist attacks and other
illicit activities.

This bill would prevent the City from destroying the IDNYC
applications, and all information contained therein, as well as
require that all the information be sent to the Office for New
Americans and Division of Homeland Security for their records.
Providing the Office for New Americans with this information will
connect individuals with an additional resource at the state level to
seek assistance and obtain services. Additionally, the funds collected
from the fine imposed will be allocated to the Office of New Americans
in order to provide the Office with additional resources to enhance
current programs, and provide necessary assistance to those in need.
The Division of Homeland Security will maintain a copy of the records
in the event of a criminal investigation. The State's interest in
protecting the safety of all New York State residents is far greater
than that of any city attempt to evade federal immigration laws.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.