Bill Text: NY A10110 | 2019-2020 | General Assembly | Introduced


Bill Title: Allows for the disclosure of certain information to federal agencies for the trusted traveler program and official duties at ports of entry.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-03-12 - referred to transportation [A10110 Detail]

Download: New_York-2019-A10110-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10110

                   IN ASSEMBLY

                                     March 12, 2020
                                       ___________

        Introduced  by  M. of A. WALLACE, JONES -- read once and referred to the
          Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to allowing for
          the disclosure of certain information  to  federal  agencies  for  the
          trusted traveler program and official duties at ports of entry

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 12 of section 201 of the  vehicle  and  traffic
     2  law,  as  added by chapter 37 of the laws of 2019, is amended to read as
     3  follows:
     4    12. (a) Except as required for the commissioner to issue  or  renew  a
     5  driver's  license  or  learner's permit that meets federal standards for
     6  identification, the commissioner, and  any  agent  or  employee  of  the
     7  commissioner,  shall  not  disclose  or  make  accessible  in any manner
     8  records or information that he or she  maintains,  to  any  agency  that
     9  primarily  enforces  immigration law or to any employee or agent of such
    10  agency[, unless the commissioner is presented with] except:  (i)  to  an
    11  employee  of law enforcement acting within the scope of his or her offi-
    12  cial duties relating to any trusted traveler program; (ii) to an employ-
    13  ee of law enforcement acting within the scope of  his  or  her  official
    14  duties  at  any port of entry; or (iii) pursuant to a lawful court order
    15  or judicial warrant signed by a federal  judge  [appointed  pursuant  to
    16  article  III of the United States constitution. Upon receiving a request
    17  for such records or information from an agency that  primarily  enforces
    18  immigration  law, the commissioner shall, no later than three days after
    19  such request, notify the individual  about  whom  such  information  was
    20  requested,  informing such individual of the request and the identity of
    21  the agency that made such request].
    22    (b) The commissioner shall require any person or entity that  receives
    23  or  has  access to records or information from the department to certify
    24  to the commissioner, before such receipt or access, that such person  or
    25  entity  shall  not  (i)  use such records or information for civil immi-
    26  gration purposes or (ii) disclose such records  or  information  to  any
    27  agency  that  primarily  enforces  immigration law or to any employee or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15423-01-0

        A. 10110                            2

     1  agent of any such agency unless  such  disclosure  is  pursuant  to  the
     2  provisions  of  this  chapter or a cooperative arrangement between city,
     3  state and federal agencies which  arrangement  does  not  enforce  immi-
     4  gration  law  and which disclosure is limited to the specific records or
     5  information being sought pursuant to such arrangement.  In  addition  to
     6  any  records  required to be kept pursuant to subdivision (c) of section
     7  2721 of title 18 of the United States code, any person or entity  certi-
     8  fying  pursuant  to this paragraph shall keep for a period of five years
     9  records of all uses and identifying each person or entity that primarily
    10  enforces immigration law that received department records or information
    11  from such certifying person or entity. Such records shall be  maintained
    12  in  a manner and form prescribed by the commissioner and shall be avail-
    13  able for inspection by the commissioner or his or her designee upon  his
    14  or her request.
    15    (c)  For purposes of this subdivision, the term "agency that primarily
    16  enforces immigration law" shall include, but not be limited  to,  United
    17  States immigration and customs enforcement and United States customs and
    18  border protection, and any successor agencies having similar duties.
    19    § 2. This act shall take effect immediately.
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