S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3813
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the general municipal law, in relation to establishing a
   municipal identity card program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 99-x to read as follows:
   § 99-X. MUNICIPAL IDENTITY CARD. 1.  AS  USED  IN  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MUNICIPALITY" SHALL MEAN ANY COUNTY, TOWN, CITY OR VILLAGE WITHIN
 THIS STATE EXCEPT ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (B) "OFFICE" SHALL MEAN THE OFFICE OF NEW AMERICANS WITHIN THE DEPART-
 MENT OF STATE.
   (C) "MUNICIPAL IDENTITY CARD" SHALL MEAN AN IDENTIFICATION CARD ISSUED
 BY  THE  OFFICE  OF  NEW AMERICANS PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION.
   (D) "RESIDENT" SHALL MEAN A PERSON OVER THE AGE OF  FOURTEEN  WHO  CAN
 ESTABLISH  THAT  HE  OR  SHE  IS  A CURRENT RESIDENT OF THE MUNICIPALITY
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION.
   2. ANY MUNICIPALITY, BY RESOLUTION OR  ORDINANCE,  MAY  AUTHORIZE  THE
 ISSUANCE OF MUNICIPAL IDENTITY CARDS.
   3.  MUNICIPAL  IDENTITY CARDS SHALL BE DISTRIBUTED THROUGH THE DEPART-
 MENT OF STATE, OFFICE OF NEW AMERICANS. THE OFFICE SHALL PROMULGATE  ALL
 RULES  AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THE PURPOSES OF THIS
 SECTION. THE OFFICE SHALL DESIGNATE ACCESS SITES WHERE APPLICATIONS  FOR
 SUCH  CARDS SHALL BE MADE AVAILABLE FOR PICK-UP AND SUBMISSION AND SHALL
 MAKE APPLICATIONS AVAILABLE ONLINE.
   4. (A) THE MUNICIPAL IDENTITY CARD SHALL DISPLAY, AT  A  MINIMUM,  THE
 CARDHOLDER'S PHOTOGRAPH, NAME, DATE OF BIRTH, ADDRESS, AND AN EXPIRATION
 DATE,  PROVIDED  THAT  THE  OFFICE  MAY  BY RULE ESTABLISH PROCEDURES TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07766-01-9

 A. 3813                             2
 
 PROTECT THE ADDRESSES OF  VICTIMS  OF  DOMESTIC  VIOLENCE  OR  ALTERNATE
 REQUIREMENTS  FOR  APPLICANTS  WHO  LACK  A PERMANENT ADDRESS. SUCH CARD
 SHALL ALSO, AT THE CARDHOLDER'S OPTION, DISPLAY THE  CARDHOLDER'S  SELF-
 DESIGNATED  GENDER.  SUCH IDENTITY CARD SHALL BE DESIGNED IN A MANNER TO
 DETER FRAUD.
   (B) THE MUNICIPAL IDENTITY CARD SHALL BE AVAILABLE TO ANY RESIDENT  OF
 THE  AUTHORIZING  MUNICIPALITY,  PROVIDED  THAT SUCH RESIDENT IS ABLE TO
 MEET THE REQUIREMENTS FOR ESTABLISHING HIS OR HER IDENTITY AND RESIDENCY
 SET FORTH IN SUBDIVISION FIVE OF THIS SECTION AND RULES ADOPTED  BY  THE
 OFFICE  PURSUANT  TO THIS SECTION, INCLUDING ANY RESTRICTIONS THE OFFICE
 DEEMS APPROPRIATE FOR THE PROTECTION OF MINORS.
   (C) THE MUNICIPAL IDENTITY CARD SHALL BE ISSUED TO APPLICANTS FREE  OF
 CHARGE.
   5.  IN  ORDER  TO  OBTAIN  A MUNICIPAL IDENTITY CARD AN APPLICANT MUST
 ESTABLISH PROOF OF IDENTITY AND PROOF OF RESIDENCY  WITHIN  THE  MUNICI-
 PALITY AS FOLLOWS:
   (A)  PROOF  OF  IDENTITY. IN ORDER TO ESTABLISH IDENTITY, AN APPLICANT
 SHALL BE REQUIRED TO PRODUCE ONE OR MORE OF THE FOLLOWING DOCUMENTS:
   (I) A U.S. OR FOREIGN PASSPORT;
   (II) A U.S. STATE DRIVER'S LICENSE;
   (III) A U.S. STATE IDENTIFICATION CARD;
   (IV) A U.S. PERMANENT RESIDENT CARD;
   (V) A CONSULAR IDENTIFICATION CARD;
   (VI) A PHOTO IDENTIFICATION CARD WITH NAME, ADDRESS,  DATE  OF  BIRTH,
 AND  EXPIRATION  DATE  ISSUED  BY  ANOTHER  COUNTRY  TO  ITS CITIZENS OR
 NATIONALS AS AN ALTERNATIVE TO A PASSPORT FOR RE-ENTRY  TO  THE  ISSUING
 COUNTRY;
   (VII) A CERTIFIED COPY OF U.S. OR FOREIGN BIRTH CERTIFICATE;
   (VIII) A SOCIAL SECURITY CARD;
   (IX) A NATIONAL IDENTIFICATION CARD WITH PHOTO, NAME, ADDRESS, DATE OF
 BIRTH, AND EXPIRATION DATE;
   (X) A FOREIGN DRIVER'S LICENSE;
   (XI) A U.S. OR FOREIGN MILITARY IDENTIFICATION CARD;
   (XII) A CURRENT VISA ISSUED BY A GOVERNMENT AGENCY;
   (XIII) A U.S. INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN) AUTHOR-
 IZATION LETTER;
   (XIV) AN ELECTRONIC BENEFIT TRANSFER (EBT) CARD; OR
   (XV) ANY OTHER DOCUMENTATION THAT THE OFFICE DEEMS ACCEPTABLE.
   (XVI)  THE OFFICE MAY BY RULE DETERMINE THE WEIGHT TO BE GIVEN TO EACH
 TYPE OF DOCUMENT PROVIDED IN THIS PARAGRAPH, AND REQUIRE THAT AN  APPLI-
 CANT PRODUCE MORE THAN ONE DOCUMENT TO ESTABLISH IDENTITY.
   (B)  PROOF OF RESIDENCY. IN ORDER TO ESTABLISH RESIDENCY, AN APPLICANT
 SHALL BE REQUIRED TO PRODUCE ONE OR MORE OF THE FOLLOWING ITEMS EACH  OF
 WHICH  MUST  SHOW  THE  APPLICANT'S NAME AND RESIDENTIAL ADDRESS LOCATED
 WITHIN THE MUNICIPALITY AND MUST BE DATED NO MORE THAN SIXTY DAYS  PRIOR
 TO THE DATE SUCH DOCUMENT IS PRESENTED, EXCEPT AS OTHERWISE INDICATED IN
 THIS PARAGRAPH:
   (I) A UTILITY BILL;
   (II) A CURRENT RESIDENTIAL PROPERTY LEASE;
   (III) A LOCAL PROPERTY TAX STATEMENT DATED WITHIN ONE YEAR OF THE DATE
 IT IS SUBMITTED;
   (IV) A LOCAL REAL PROPERTY MORTGAGE PAYMENT RECEIPT;
   (V) A BANK ACCOUNT STATEMENT;
   (VI)  PROOF THAT THE APPLICANT HAS A MINOR CHILD CURRENTLY ENROLLED IN
 A SCHOOL LOCATED WITHIN THE MUNICIPALITY;
   (VII) AN EMPLOYMENT PAY STUB;

 A. 3813                             3

   (VIII) A JURY SUMMONS OR COURT ORDER ISSUED  BY  A  FEDERAL  OR  STATE
 COURT;
   (IX)  A  FEDERAL  OR STATE INCOME TAX OR REFUND STATEMENT DATED WITHIN
 ONE YEAR OF THE DATE IT IS SUBMITTED;
   (X) AN INSURANCE BILL (HOMEOWNER, RENTER, HEALTH, LIFE, OR  AUTOMOBILE
 INSURANCE);
   (XI)  WRITTEN  VERIFICATION ISSUED BY A HOMELESS SHELTER THAT RECEIVES
 MUNICIPAL FUNDING CONFIRMING AT LEAST FIFTEEN DAYS RESIDENCY;
   (XII) WRITTEN VERIFICATION ISSUED BY  A  HOSPITAL,  HEALTH  CLINIC  OR
 SOCIAL  SERVICES  AGENCY  LOCATED  WITHIN THE MUNICIPALITY CONFIRMING AT
 LEAST FIFTEEN DAYS RESIDENCY; OR
   (XIII) ANY OTHER DOCUMENTATION THAT THE OFFICE DEEMS ACCEPTABLE.
   (XIV) THE OFFICE MAY BY RULE DETERMINE THE WEIGHT TO BE GIVEN TO  EACH
 TYPE  OF DOCUMENT PROVIDED IN THIS PARAGRAPH, AND REQUIRE THAT AN APPLI-
 CANT PRODUCE MORE THAN ONE DOCUMENT TO ESTABLISH RESIDENCY.  THE  OFFICE
 SHALL  BY  RULE  CREATE ALTERNATIVE METHODS BY WHICH INDIVIDUALS WHO ARE
 HOMELESS CAN ESTABLISH RESIDENCY IN THE MUNICIPALITY NOTWITHSTANDING THE
 LACK OF FIXED ADDRESS.
   6. (A) ONCE EVERY QUARTER THE OFFICE SHALL DESTROY COPIES  OF  RECORDS
 PROVIDED  BY  APPLICANTS  TO PROVE IDENTITY OR RESIDENCY FOR A MUNICIPAL
 IDENTITY CARD THAT HAVE BEEN RETAINED MORE THAN TWO YEARS, EXCEPT  WHERE
 SUCH  RECORDS  ARE  REQUIRED  BY  LAW  TO  BE  PRESERVED AS EVIDENCE FOR
 PURPOSES OF LITIGATION.
   (B) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-ONE,  THE
 OFFICE  SHALL  REVIEW DATA COLLECTED IN THE REPORT DESCRIBED IN SUBDIVI-
 SION NINE OF THIS SECTION AND MAKE A DETERMINATION REGARDING THE CONTIN-
 UING NEED TO RETAIN RECORDS PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION  IN  ORDER  TO  EFFECTIVELY  ADMINISTER THE MUNICIPAL IDENTITY CARD
 PROGRAM AND SHALL MAKE ANY APPROPRIATE MODIFICATIONS TO THE  POLICY  FOR
 RETENTION OF RECORDS RELATED TO THE MUNICIPAL IDENTITY CARD PROGRAM.
   (C) IN THE EVENT THAT: (I) THE OFFICE FAILS TO MAKE A DETERMINATION ON
 OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY-ONE PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION, OR (II) THE  OFFICE  DETERMINES  THAT
 RECORDS  RETENTION  IS  NO  LONGER  NECESSARY, THEN THE OFFICE SHALL NOT
 RETAIN ORIGINALS OR COPIES OF RECORDS PROVIDED BY AN APPLICANT TO  PROVE
 IDENTITY  OR RESIDENCY FOR A MUNICIPAL IDENTITY CARD FOR LONGER THAN THE
 TIME NEEDED TO REVIEW THE APPLICATION,  AND  ANY  SUCH  RECORDS  IN  THE
 OFFICE'S  POSSESSION  PRIOR TO SUCH DATE SHALL BE DESTROYED ON OR BEFORE
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE OR, IN  THE  CASE  OF  AN
 APPLICATION  PENDING  ON SUCH DATE, AS SOON AS PRACTICABLE AFTER A FINAL
 DETERMINATION HAS BEEN MADE REGARDING THE APPLICATION. NOTHING  IN  THIS
 PARAGRAPH  SHALL  BE  CONSTRUED  TO  PREVENT  THE  OFFICE FROM RETAINING
 RECORDS WHERE SUCH RECORDS ARE  REQUIRED  BY  LAW  TO  BE  PRESERVED  AS
 EVIDENCE FOR PURPOSES OF LITIGATION.
   (D) TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE FEDERAL AND STATE LAW,
 INFORMATION  COLLECTED ABOUT APPLICANTS FOR THE CARD SHALL BE TREATED AS
 CONFIDENTIAL AND MAY ONLY BE DISCLOSED IF:
   (I) AUTHORIZED IN WRITING BY THE INDIVIDUAL TO WHOM  SUCH  INFORMATION
 PERTAINS,  OR  IF SUCH INDIVIDUAL IS A MINOR OR IS OTHERWISE NOT LEGALLY
 COMPETENT, BY SUCH INDIVIDUAL'S PARENT OR LEGAL GUARDIAN;
   (II) SO ORDERED BY A COURT OF COMPETENT JURISDICTION;
   (III) TO A REQUESTING MUNICIPAL AGENCY  FOR  THE  LIMITED  PURPOSE  OF
 ADMINISTERING  THE  MUNICIPAL  IDENTITY  CARD  PROGRAM OR DETERMINING OR
 FACILITATING  THE  APPLICANT'S  ELIGIBILITY  FOR  ADDITIONAL   BENEFITS,
 SERVICES,  AND CARE, PROVIDED THAT SUCH DISCLOSURE IS MADE IN ACCORDANCE
 WITH ALL APPLICABLE FEDERAL AND STATE PRIVACY LAWS AND REGULATIONS,  AND

 A. 3813                             4
 
 SUBJECT  TO  THE  FURTHER REQUIREMENT THAT SUCH INFORMATION SHALL NOT BE
 REDISCLOSED TO ANY OTHER GOVERNMENTAL AGENCY OR ENTITY, OR THIRD  PARTY;
 OR
   (IV)  TO  A  LAW  ENFORCEMENT AGENCY THAT SERVES THE OFFICE A JUDICIAL
 SUBPOENA OR JUDICIAL WARRANT.
   (E) THE OFFICE SHALL NOT INDICATE ON THE  APPLICATION  FORMS  USED  TO
 APPLY  FOR  A MUNICIPAL IDENTITY CARD THE TYPE OF RECORDS PROVIDED BY AN
 APPLICANT TO ESTABLISH RESIDENCY OR IDENTITY.
   7. (A) ALL MUNICIPAL AGENCIES SHALL ACCEPT SUCH CARD AS PROOF OF IDEN-
 TITY AND RESIDENCY FOR ACCESS TO  MUNICIPAL  SERVICES  UNLESS  (I)  SUCH
 ACCEPTANCE  IS  PROHIBITED  BY  FEDERAL  OR  STATE  LAW, (II) ADDITIONAL
 DOCUMENTATION IS REQUIRED TO OBTAIN THE BENEFITS OF A FEDERAL  OR  STATE
 PROGRAM,  OR (III) THE AGENCY HAS REASONABLE GROUNDS TO BELIEVE THAT THE
 CARD IS COUNTERFEIT, ALTERED, OR IMPROPERLY ISSUED,  OR  THE  INDIVIDUAL
 PRESENTING THE CARD IS NOT THE INDIVIDUAL TO WHOM THE CARD WAS ISSUED.
   (B)  THE  OFFICE SHALL SEEK TO ENCOURAGE ELIGIBLE PERSONS TO APPLY FOR
 THE CARD AND EXPAND THE BENEFITS ASSOCIATED WITH THE CARD, INCLUDING, AT
 A MINIMUM, BY PROMOTING ACCEPTANCE OF THE CARD BY BANKS AND OTHER PUBLIC
 AND PRIVATE INSTITUTIONS.
   (C) MUNICIPAL AGENCIES SHALL NOT REQUIRE THE POSSESSION OF A MUNICIPAL
 IDENTITY CARD WHERE IDENTIFICATION IS NOT  ALREADY  REQUIRED  TO  OBTAIN
 MUNICIPAL  SERVICES,  PROVIDED,  HOWEVER  THAT  AGENCIES MAY REQUIRE THE
 POSSESSION OF A MUNICIPAL IDENTITY CARD TO OBTAIN BENEFITS OR PRIVILEGES
 OFFERED EXCLUSIVELY TO THOSE WHO POSSESS A MUNICIPAL IDENTITY CARD AS AN
 INCENTIVE TO APPLY FOR A MUNICIPAL IDENTITY CARD.
   8. THE OFFICE SHALL IDENTIFY AND IMPLEMENT MEASURES, INCLUDING BUT NOT
 LIMITED TO STAFF TRAINING, COMMUNITY OUTREACH, AND  LANGUAGE  ASSISTANCE
 TOOLS, TO ADDRESS THE NEEDS OF LIMITED ENGLISH PROFICIENT INDIVIDUALS IN
 THE ADMINISTRATION OF THE MUNICIPAL IDENTITY CARD PROGRAM.
   9.  THE  OFFICE  SHALL PREPARE AND SUBMIT ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION AND BIANNUALLY  THEREAFTER  TO  THE  GOVERNOR,  THE
 SPEAKER  OF  THE  ASSEMBLY  AND  THE TEMPORARY PRESIDENT OF THE SENATE A
 REPORT ON THE MUNICIPAL IDENTITY CARD PROGRAM THAT INCLUDES THE  FOLLOW-
 ING INFORMATION:
   (A)  THE NUMBER OF APPLICATIONS RECEIVED BY THE OFFICE FOR THE MUNICI-
 PAL IDENTITY CARD DISAGGREGATED BY APPLICANT'S MUNICIPALITY;
   (B) THE NUMBER OF MUNICIPAL IDENTITY CARDS ISSUED;
   (C) THE NUMBER OF MUNICIPAL IDENTITY CARDS ISSUED TO MINORS;
   (D) THE NUMBER OF REQUESTS MADE BY MUNICIPAL AGENCIES FOR  INFORMATION
 COLLECTED ABOUT APPLICANTS FOR THE MUNICIPAL IDENTITY CARD DISAGGREGATED
 BY REQUESTING AGENCY;
   (E)  THE  NUMBER  OF  TIMES  THE  OFFICE SHARED DOCUMENTS SUBMITTED BY
 APPLICANTS TO ESTABLISH ELIGIBILITY FOR THE MUNICIPAL IDENTITY CARD WITH
 MUNICIPAL AGENCIES DISAGGREGATED BY AGENCY;
   (F) THE NUMBER OF DENIALS MADE TO REQUESTING AGENCIES FOR  INFORMATION
 COLLECTED ABOUT APPLICANTS FOR THE MUNICIPAL IDENTITY CARD;
   (G) THE NUMBER OF MUNICIPAL IDENTITY CARD APPLICANTS WHOSE INFORMATION
 WAS  DISCLOSED TO LAW ENFORCEMENT, DISAGGREGATED BY WHETHER SUCH DISCLO-
 SURE WAS PURSUANT TO A JUDICIAL WARRANT OR JUDICIAL SUBPOENA;
   (H) THE NUMBER OF OCCURRENCES OF  FRAUD  OR  OTHER  CRIMINAL  ACTIVITY
 RELATED TO ISSUANCE OF THE MUNICIPAL IDENTITY CARD;
   (I) THE OFFICE'S EFFORTS TO CONDUCT OUTREACH TO PROSPECTIVE APPLICANTS
 RELATING TO THE MUNICIPAL IDENTITY CARD PROGRAM;
   (J)  THE OFFICE'S EFFORTS TO PROMOTE ACCEPTANCE OF THE MUNICIPAL IDEN-
 TITY CARD BY BANKS AND OTHER PUBLIC AND PRIVATE INSTITUTIONS;

 A. 3813                             5
 
   (K) THE TYPES OF SERVICES, OTHER THAN MUNICIPAL  SERVICES,  FOR  WHICH
 THE MUNICIPAL IDENTITY CARD IS PERMITTED AS ACCEPTABLE PROOF OF IDENTITY
 AND RESIDENCY; AND
   (L)  ANY  OTHER METRIC THE OFFICE DEEMS APPROPRIATE, INCLUDING BUT NOT
 LIMITED TO ADDITIONAL MEASURES OF FRAUDULENT OR OTHER CRIMINAL  ACTIVITY
 RELATED TO THE MUNICIPAL IDENTITY CARD PROGRAM.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.