NY State Senate Bill S5527

Archive: Last 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 (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
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

 
BILL NUMBER: S5527

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  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 undoc-
umented immigrants; and directs the department of motor vehicles to
establish a mobile unit to process such applications

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow for the removal of county clerks who refuse to obey New York
law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Officers Law Section 33 by adding a new subdivi-
sion 3 to provide for the removal of county clerks who refuse to process
applications for drivers' licenses for undocumented immigrants.

Section 2 amends County Law Section 525 by adding a new subdivision 3

deeming a county clerk's failure to process applications for undocu-
mented immigrants to obtain drivers' licenses is neglect of duties and
subjects such clerk to removal proceedings.

Section 3 provides that the department of motor vehicles must establish
a mobile unit to process applications for drivers' licenses after
passage of the green light bill.

Section 4 is the effective date.

 
JUSTIFICATION:

With passage of 5.1747, the Driver's License and Privacy Act, undocu-
mented licensed drivers need to be protected against discrimination in
the state of New York. Recently, a few county clerks have expressed
opposition to the legislation, stating that they will not issue standard
licenses to a group of individuals who contribute greatly to the economy
of our state.

Some county clerks complain that undocumented individuals are able to
receive standard driver's licenses easier than a legal resident who
applies for an enhanced driver's license or Real ID, and claim that such
issuance of standard licenses will undermine enhanced driver's licenses.
This is a specious argument since it is well understood that the
requirements for each license differ under state law. Undocumented immi-
grants eligible for standard licenses would not be eligible for an
enhanced or Real-ID driver's license, and standard licenses cannot be
used for federal purposes. Recipients of standard licenses would not be
able to access federal facilities and could not use such licenses to
board commercial aircraft. Standard licenses will simply allow for the
legal operation of a motor vehicle.

Undocumented individuals were able to obtain licenses in New York until
2001 when then- Governor Pataki issued an ill-informed executive order
taking drivers licenses away from them. The legislature and the governor
have now chosen to reinstate driver's licenses for undocumented immi-
grants for sound policy reasons. It is not up to county clerks to ques-
tion, or change public policy. Indeed, county clerks have sworn to
uphold New York State law. The willful failure to do so should be
grounds for removal from office. This bill provides that any county
clerk who refuses to issue drivers licenses to undocumented individuals
will be deemed to be neglecting his or her duties and may be removed
from office by the governor. Just like other public officials, country
clerks must obey the law and cannot refuse to perform their duties or
take law into their own hands.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
immediately.

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.

                                                           LBD10886-01-9

S. 5527                             2

  § 3. The department of motor vehicles shall establish a mobile unit to
house employees of the department who  shall  process  applications  for
drivers' licenses submitted by undocumented immigrants. Such mobile unit
shall  be established and prepared to carry out such duties within sixty
days from the date this act shall have become a law.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S5527

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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S5527 (ACTIVE) - Details

S5527 (ACTIVE) - Summary

S5527 (ACTIVE) - Sponsor Memo

S5527 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5527

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Your Voice

Actions

S5527 (ACTIVE) - Details

S5527 (ACTIVE) - Summary

S5527 (ACTIVE) - Sponsor Memo

S5527 (ACTIVE) - Bill Text download pdf

Comments