senate Bill S5527

2019-2020 Legislative Session

Authorizes the governor to remove a county clerk from office for failing to process drivers' licenses submitted by undocumented immigrants

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 06, 2019 referred to investigations and government operations

S5527 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §33, Pub Off L; amd §525, County L

S5527 (ACTIVE) - Summary

Authorizes the governor to remove a county clerk from office for failing to process drivers' licenses submitted by undocumented immigrants and deems such failure as neglect of duties; and directs the department of motor vehicles to establish a mobile unit to process such applications.

S5527 (ACTIVE) - Sponsor Memo

S5527 (ACTIVE) - Bill Text download pdf


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

                                  5527

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 6, 2019
                               ___________

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN  ACT to amend the public officers law and the county law, in relation
  to authorizing the governor to remove a county clerk from  office  for
  failing  to  process drivers' licenses submitted by undocumented immi-
  grants; and directs the department of motor vehicles  to  establish  a
  mobile unit to process such applications

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 33 of the public officers law is amended by  adding
a new subdivision 3 to read as follows:
  3.  A COUNTY CLERK MAY BE REMOVED BY THE GOVERNOR FOR FAILING TO PROC-
ESS DRIVERS' LICENSE APPLICATIONS SUBMITTED BY UNDOCUMENTED  IMMIGRANTS,
WHICH  FAILURE  SHALL  BE  DEEMED NEGLECT OF DUTIES BY THE COUNTY CLERK,
AFTER GIVING SUCH COUNTY CLERK A COPY OF THE CHARGES AGAINST HIM OR  HER
AND  AN  OPPORTUNITY  TO  BE  HEARD  IN HIS OR HER DEFENSE. THE POWER OF
REMOVAL PROVIDED FOR IN THIS SUBDIVISION SHALL BE DEEMED TO BE IN  ADDI-
TION  TO  THE  POWER  OF  REMOVAL  PROVIDED  FOR  IN  ANY OTHER LAW. THE
PROVISIONS OF THIS SUBDIVISION SHALL APPLY  NOTWITHSTANDING  ANY  INCON-
SISTENT  PROVISION  OF  ANY  GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE OR
CITY CHARTER.
  § 2. Section 525 of the county law is amended by adding a new subdivi-
sion 3 to read as follows:
  3. HE OR SHE SHALL ACCEPT APPLICATIONS FOR DRIVERS' LICENSES SUBMITTED
BY UNDOCUMENTED IMMIGRANTS AND SHALL PROCESS SUCH  APPLICATIONS  IN  THE
SAME  MANNER  AS OTHER APPLICATIONS FOR DRIVER'S LICENSES ARE PROCESSED.
THE FAILURE TO PROCESS APPLICATIONS FOR DRIVER'S LICENSES  SUBMITTED  BY
UNDOCUMENTED IMMIGRANTS SHALL BE DEEMED NEGLECT OF DUTIES BY SUCH COUNTY
CLERK  AND SHALL SUBJECT THE COUNTY CLERK TO REMOVAL PROCEEDINGS SUBJECT
TO SUBDIVISION THREE OF SECTION THIRTY-THREE OF THE PUBLIC OFFICERS LAW.

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

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