Bill Text: NY A01754 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires applicants for a driver's license or non-driver identification card to submit satisfactory proof to the department of motor vehicles that the applicant's presence in the United States is authorized under federal law.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A01754 Detail]

Download: New_York-2019-A01754-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1754
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M.  of A. CROUCH, GIGLIO, McDONOUGH, MONTESANO -- Multi-
          Sponsored by -- M. of A. HAWLEY --  read  once  and  referred  to  the
          Committee on Transportation
        AN  ACT  to  amend  the vehicle and traffic law, in relation to proof of
          authorized presence in the United States for  a  driver's  license  or
          non-driver identification card
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 502-b to read as follows:
     3    §  502-b.  Proof  of  authorized  presence  in  the  United States. 1.
     4  Notwithstanding any other  provision  of  law,  the  commissioner  shall
     5  require every applicant for a driver's license or non-driver identifica-
     6  tion  card to submit satisfactory proof that the applicant's presence in
     7  the United States is authorized under federal law.
     8    2. The department shall not issue a  driver's  license  or  non-driver
     9  identification card to any person who does not submit satisfactory proof
    10  that  the  applicant's presence in the United States is authorized under
    11  federal law.
    12    3. If the department determines or reasonably suspects, based upon the
    13  information provided to it, that the applicant's presence in the  United
    14  States  is not authorized under federal law, the department shall notify
    15  the United States bureau of immigration and customs enforcement of  such
    16  person's suspected illegal status.
    17    4. The department shall adopt regulations to carry out the purposes of
    18  this  section, including procedures for, but not limited to, (a) verify-
    19  ing that the applicant's presence in the  United  States  is  authorized
    20  under  federal law, (b) issuance of temporary licenses pending verifica-
    21  tion of status, (c) appeals hearings from denials of licenses or  tempo-
    22  rary  licenses,  and  (d)  notification pursuant to subdivision three of
    23  this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03039-01-9

        A. 1754                             2
     1    5. The inability to obtain a driver's license pursuant to this section
     2  does not abrogate or diminish in any respect the  legal  requirement  of
     3  every driver in this state to obey the motor vehicle laws of this state,
     4  including  laws  with  respect to licensing, motor vehicle registration,
     5  and financial responsibility.
     6    6. Any person who knowingly obtains or assists a person in obtaining a
     7  driver's  license  or  identification card for himself or herself or for
     8  any person whose presence in the United States is not  authorized  under
     9  federal law shall be guilty of a misdemeanor.
    10    §  2.  This  act shall take effect on the ninetieth day after it shall
    11  have become a law.
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