BILL NUMBER: S7697     Revised 2/10/2020

SPONSOR: JACOBS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to allowing the
federal government access to certain department of motor vehicles infor-
mation for the purposes of reviewing applications for federal programs

 
PURPOSE:

To amend the vehicle and traffic law, in relation to allowing the feder-
al government access to certain department of motor vehicles information
for the purposes of reviewing applications for federal programs.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds new subdivision 13 to section 201 of the
vehicle and traffic law to require the commissioner of the department of
motor vehicles to provide any requested documentation to a federal agen-
cy regarding an individual's application to a federal program.
              

Section 2 of the bill is the effective date; immediately upon being
signed in to law.

 
JUSTIFICATION:

In 2019, New York's Governor and Legislature took unprecedented action
and enacted the Driver's License Access and Privacy Act, Chapter 37 of
2019. This piece of legislation, commonly referred to as the "Green
Light Bill" passed both houses of the State Legislature by narrow
margins and with strong opposition. The bill, which took effect in
December 2019, enables individuals that reside in the United States of
America illegally to apply for and obtain valid New York State Driver
Licenses. This decision to reward driving privileges to undocumented
immigrants led to numerous lawsuits and remains highly controversial.
Yet, the "Green Light Law" not only provides driver licenses to immi-
grants that live in the United States illegally, it also prevents the
Commissioner of the Department of Motor Vehicles (DMV) from providing
crucial information to federal agencies that are responsible for keeping
our country secure.

Because of the statutory language, which bars DMV compliance with
requests from federal agencies, the US Department of Homeland Security
(DHS) recently notified the Acting and Executive Deputy Commissioners of
DMV that New York residents are no longer eligible to enroll or re-en-
roll in any U.S. Customs and Border Protection (CBP) Trusted Traveler
Program (TTP). DHS decided to take this action, effective immediately,
because Vehicle and Traffic Law, Section 201, now prevents the sharing
of critically important information with federal agencies absent a court
order, judicial warrant, or subpoena. Banning access to individuals'
information means that agencies like CBP and Immigration and Customs
Enforcement (ICE) are no longer able to ensure that New York residents
who apply for TTP membership, actually meet the necessary eligibility
requirements.

Trusted Traveler Programs such as Global Entry, NEXUS, SENTRI and FAST
all assist U.S. citizens with expedited processing at border crossings
into the United States. Those that meet the requisite high standards and
demonstrate a low-risk for criminal activity necessary for TTP member-
ship, benefit from the faster, more efficient and more convenient means
by which they are allowed to travel into our country. Individuals that
travel frequently, including New Yorkers that live in close proximity to
our Nation's border with Canada, appreciate the ease by which they are
allowed to travel.  Unfortunately, for thousands of New Yorkers, inter-
national travel will soon become more difficult and time consuming due
to provisions within the Green Light Law.

This bill would require that the Commissioner of DMV to comply with any
request from a federal agency for an individual's information, pursuant
to an application made by that individual to a federal program. Rather
than repeal the controversial Green Light Law (Chapter 37 of 2019)
entirely, this legislation simply mandates that DMV provide important
documents required by federal agencies, in order for New Yorkers to have
access to the many benefits of Trusted Traveler Program (TTP) member-
ship.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.