STATE OF NEW YORK ________________________________________________________________________ 5527 2019-2020 Regular Sessions IN SENATE 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: 1 Section 1. Section 33 of the public officers law is amended by adding 2 a new subdivision 3 to read as follows: 3 3. A county clerk may be removed by the governor for failing to proc- 4 ess drivers' license applications submitted by undocumented immigrants, 5 which failure shall be deemed neglect of duties by the county clerk, 6 after giving such county clerk a copy of the charges against him or her 7 and an opportunity to be heard in his or her defense. The power of 8 removal provided for in this subdivision shall be deemed to be in addi- 9 tion to the power of removal provided for in any other law. The 10 provisions of this subdivision shall apply notwithstanding any incon- 11 sistent provision of any general, special or local law, ordinance or 12 city charter. 13 § 2. Section 525 of the county law is amended by adding a new subdivi- 14 sion 3 to read as follows: 15 3. He or she shall accept applications for drivers' licenses submitted 16 by undocumented immigrants and shall process such applications in the 17 same manner as other applications for driver's licenses are processed. 18 The failure to process applications for driver's licenses submitted by 19 undocumented immigrants shall be deemed neglect of duties by such county 20 clerk and shall subject the county clerk to removal proceedings subject 21 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. LBD10886-01-9S. 5527 2 1 § 3. The department of motor vehicles shall establish a mobile unit to 2 house employees of the department who shall process applications for 3 drivers' licenses submitted by undocumented immigrants. Such mobile unit 4 shall be established and prepared to carry out such duties within sixty 5 days from the date this act shall have become a law. 6 § 4. This act shall take effect immediately.