NY State Senate Bill 2015-S5842A

Senate Bill S5842A

2015-2016 Legislative Session

Requires the department of motor vehicles to ensure that all licenses comply with the national driver register

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to transportation delivered to assembly passed senate
Jun 09, 2016	ordered to third reading cal.1621 committee discharged and committed to rules
Jan 19, 2016	print number 5842b
Jan 19, 2016	amend and recommit to transportation
Jan 06, 2016	referred to transportation
Oct 23, 2015	print number 5842a
Oct 23, 2015	amend (t) and recommit to rules
Jun 08, 2015	referred to rules

Votes

- Jun 14, 2016 - Floor Vote
  S5842A
  
  46
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (46)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (15)
      
      Dilan
      
      Espaillat
      
      Gianaris
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      Stavisky
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 9, 2016 - Rules Committee Vote
  S5842A
  
  17
  
  Aye
  
  6
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2016
      
      aye (17)
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Hannon
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (6)
      
      Espaillat
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      Montgomery
      
      Parker
      
      aye wr (1)
      
      Dilan
      
      absent (1)
      
      Bonacic

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2015-S5842 - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, add §504-a, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S416

2015-S5842 - Summary

Requires the department of motor vehicles to ensure that all licenses comply with the national driver register.

2015-S5842 - Sponsor Memo

                                BILL NUMBER:S5842

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to compliance
with the national driver register

PURPOSE:

This bill would require the department of motor vehicles to re-issue
drivers licenses, at no cost to licensees, which comply with the 2005
Federal Real ID Act, so that a New York drivers license will be an
acceptable form of identification for purpose of boarding an aircraft
or gaining admittance in to a federal facility. Without this
legislation, federal law will require New Yorkers to purchase a
passport or an enhanced ID if they wish to travel via aircraft or if
they wish to enter a federal facility.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section to the Vehicle and Traffic Law requiring
DMV to issue drivers licenses which are compliant with the federal
Real ID Act. Further, this section requires the Commissioner of DMV to
file an annual report with the legislature regarding any and all other
federal laws or regulations, which the department has failed to comply
with.

Section 2 is the effective date.

JUSTIFICATION:

New York is one of the few states in our nation, along with New
Hampshire, Minnesota, Louisiana, Arizona and the American Samoa, that
has failed to comply with the provisions of the Federal Real ID Act.
The Federal Real ID Act was passed by Congress, and signed in to law
in 2005. The intent of the Act is to improve the reliability and
accuracy of state-issued identification documents, which serve to
inhibit terrorists' ability to evade detection by using fraudulent
identification. New York has failed to institute a system to verify
the authenticity of the documents that licensees provide them, and is
therefore non-compliant with this Act. New York has, however, The
unilateral decision by the New York State Department of Motor Vehicles
to fail to comply with this Act over the course of the last ten years
will have serious impacts on the citizens of our state in the coming
years, as the Act prohibits the federal government, or any entity
controlled by the federal government, from accepting drivers licenses
and ID cards unless they meet the minimum standards established by
this act.

Federal agencies will be prohibited from accepting for official uses
driver's licenses and identity cards issued by non-compliant states.
"Official Uses" is defined as accessing Federal facilities, entering
nuclear power plants, and boarding federally-regulated commercial
aircraft. The final phase of the enforcement schedule, the phase
involving the boarding of a federally regulated commercial aircraft,
is scheduled to take effect no sooner than 2016. Unless New York
complies prior to the enforcement of this last provision, New Yorkers


will need to show a second form of identification, either an enhanced
driver's license or a passport, in order to board an aircraft. This
additional requirement will certainly come as an additional cost to
all New Yorkers unless our State Department of Motor Vehicles takes
immediate action.

This bill directs New York State DMV to issue Real ID compliant
identification documentation to every entitled New Yorker, at no
additional cost to the licensee. Further, this bill requires DMV to
report annually to the Governor and the Legislature regarding any
federal laws or regulations which it has failed to comply with. In
addition to the inconvenience and financial costs that New Yorkers
will suffer as a result of DMV failing to take steps to comply with
this act, this is a serious homeland security concern. DMV should not
be making unilateral decisions regarding which federal laws it chooses
to follow, and which federal laws it chooses not to follow.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take immediately.

2015-S5842 - Bill Text download pdf

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

                                  5842

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 8, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the vehicle and traffic law, in relation  to  compliance
  with the national driver register

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 504-a to read as follows:
  S  504-A. COMPLIANCE WITH THE PROVISIONS OF THE NATIONAL DRIVER REGIS-
TER.  1.  THE  COMMISSIONER  SHALL  ISSUE,  NO   LATER   THAN   DECEMBER
THIRTY-FIRST,  TWO THOUSAND FIFTEEN, TO ALL PERSONS WHO HAVE BEEN ISSUED
A DRIVER'S LICENSE PURSUANT TO THIS  ARTICLE,  A  NEW  DRIVER'S  LICENSE
WHICH IS FULLY COMPLIANT WITH THE STATUTORY PROVISIONS OF CHAPTER 303 OF
TITLE  49 OF THE UNITED STATES CODE. THE DRIVER'S LICENSES ISSUED PURSU-
ANT TO THIS SUBDIVISION SHALL BE ISSUED AT NO  ADDITIONAL  COST  TO  ALL
SUCH  LICENSEES.    THE COMMISSIONER MAY PROMULGATE RULES OR REGULATIONS
CONSISTENT WITH THIS SECTION AS MAY BE NECESSARY TO ACQUIRE THE DOCUMEN-
TATION NEEDED TO COMPLY WITH THE NATIONAL DRIVER REGISTRY.
  2. THE COMMISSIONER SHALL ISSUE, ON AND AFTER  DECEMBER  THIRTY-FIRST,
TWO  THOUSAND  FIFTEEN, TO ALL PERSONS WHO ARE ELIGIBLE TO RECEIVE A NEW
LICENSE OR RENEWAL THEREOF PURSUANT TO THIS ARTICLE, A DRIVER'S  LICENSE
WHICH  IS  FULLY  COMPLIANT WITH THE STATUTORY PROVISIONS, AND ANY REGU-
LATIONS PROMULGATED PURSUANT TO SUCH STATUTORY  PROVISIONS,  OF  CHAPTER
303  OF  TITLE  49  OF THE UNITED STATES CODE. THE DRIVER'S LICENSES AND
RENEWALS THEREOF ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE ISSUED  AT
NO  ADDITIONAL  COST  TO ALL SUCH LICENSEES, OTHER THAN THE ISSUANCE AND
RENEWAL FEE AUTHORIZED BY THIS CHAPTER.
  3. THE COMMISSIONER SHALL FURTHER MAKE  A  REVIEW  OF  ALL  APPLICABLE
FEDERAL  LAWS  AND  REGULATIONS  CONCERNING  THE  ISSUANCE  OF  DRIVER'S
LICENSES AND VEHICLE REGISTRATIONS, AND SHALL  ISSUE  A  REPORT,  ON  OR
BEFORE  THE  FIFTEENTH  OF  DECEMBER  OF EACH YEAR, TO THE GOVERNOR, THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11520-02-5

S. 5842                             2

SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE,  WITH
RESPECT  TO  ALL  SUCH  FEDERAL  LAWS OR REGULATIONS, WHICH REPORT SHALL
EXPRESSLY IDENTIFY ALL FEDERAL LAWS WITH WHICH NEW YORK STATE  IS  PRES-
ENTLY NOT IN FULL COMPLIANCE, AND ANY AND ALL REASONS FOR THE FAILURE OF
THE DEPARTMENT TO COMPLY.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S5842A - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, add §504-a, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S416

2015-S5842A - Summary

Requires the department of motor vehicles to ensure that all licenses comply with the national driver register.

2015-S5842A - Sponsor Memo

                                 BILL NUMBER:  S5842A

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to compliance
with the federal Real ID Act

 PURPOSE :

This bill would require the department of motor vehicles to re-issue
drivers licenses, at no cost to licensees, which comply with the 2005
Federal Real ID Act, so that a New York drivers license will be an
acceptable form of identification for purpose of boarding an aircraft
or gaining admittance in to a federal facility. Without this
legislation, federal law will require New Yorkers to purchase a
passport or an enhanced ID if they wish to travel via aircraft or if
they wish to enter a federal facility in the near future.

 SUMMARY OF PROVISIONS :

Section 1. Provides that this Act shall be known as the "New York
Remembers Act".

Section 2. Legislative Intent

Section 3. Adds a new section to the Vehicle and Traffic Law requiring

DMV to issue drivers licenses which are compliant with the federal
Real ID Act. Any individual who wishes to have their current driver's
license upgraded to a Real ID compliant version, would be entitled to
do so at no additional cost. DMV would be required to submit fiscal
reports concerning any additional costs incurred as a result of this
measure, so that the state may explore reimbursement opportunities.

Section 4. This section requires the Commissioner of DMV to file an
annual report with the legislature regarding any and all other federal
laws or regulations, which the department has failed to comply with.

Section 5 is the effective date.

 JUSTIFICATION :

The federal Real ID Act, which was passed by Congress and signed into
law in 2005, is a coordinated effort by the states and federal
government, intended to improve reliability and accuracy of
state-issued identification documents, which serve to inhibit a
terrorist's ability to evade detection by using fraudulent
identification. The standards established by the federal Real ID Act
resulted from a Congressional study investigating the various factors
which led to the horrific tragedy that occurred on September 11, 2001.
In addition to developing tamper proof technologies within the
identification card itself, states were directed to initiate a process
whereby the documentation submitted by an individual applying for a
state issued driver's license could be verified as authentic. The
purpose of the verification requirement is to ensure that terrorists
are not issued identification cards based on the proffering of forged
or otherwise fake documentation.

Until October 2015, New York State was one of only four states that
were deemed non-compliant with this federal homeland security law.
After ten years of non-compliance, and only after public outcry over
the impending enforcement deadlines, DMV finally submitted a
compliance waiver to the federal Department of Homeland Security.
While the waiver was approved, DMV was only given one year to bring
our state in to compliance. In addition to the security threat that
further delay in compliance presents, failure to take swift action by
the October 2016 deadline could again result in New Yorkers being
denied admittance to federal facilities and military bases, and could
even inhibit our ability to board an aircraft if Real ID becomes fully
enforced.

It is important to note that our DMV is, and has always been,
empowered via current statutory authority, to fully implement this
federal law. Unfortunately, until applying for the recent waiver, they
consciously chose not to comply, disregarding homeland security
concerns and leaving New Yorkers wondering if our IDs would be
accepted by the federal government.  DMV should not be making
unilateral decisions regarding which federal laws it chooses to
follow, and which federal laws it chooses not to follow. Especially
when their unilateral decision impacts our security as a state and the
ability of our citizens to travel or enter federally regulated
facilities.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPACT ON THE STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law. Effective immediately, the department of motor
vehicles shall begin promulgating rules and regulations to effectuate
the provisions of this act.

2015-S5842A - Bill Text download pdf

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

                                 5842--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 8, 2015
                               ___________

Introduced  by  Sens.  CROCI,  BONACIC,  BOYLE,  CARLUCCI,  DeFRANCISCO,
  FARLEY, FUNKE, GALLIVAN,  GOLDEN,  GRIFFO,  HANNON,  LARKIN,  LAVALLE,
  MARCHIONE,  MARTINS,  MURPHY, NOZZOLIO, SERINO, SEWARD, SKELOS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Rules  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation  to  compliance
  with the federal Real ID Act

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

  Section 1. This act shall be known, and may be cited as the "New  York
Remembers Act".
  S 2. Legislative intent. The legislature hereby finds and declares the
following:
  (a)  That  the  federal  Real ID Act, which was passed by Congress and
signed into law in 2005, is a  coordinated  effort  by  the  states  and
federal  government, intended to improve the reliability and accuracy of
state-issued identification documents, which serve to inhibit a  terror-
ist's ability to evade detection by using fraudulent identification;
  (b) That the standards established by the federal Real ID Act resulted
from  a  Congressional study investigating the various factors which led
to the horrific tragedy that occurred on September 11, 2001;
  (c) That in addition to developing tamper  proof  technologies  within
the identification card itself, states were directed to initiate a proc-
ess  whereby the documentation submitted by an individual applying for a
state issued driver's license could be verified as authentic;
  (d) That the verification requirement was meant to ensure that terror-
ists were not issued identification cards based  on  the  proffering  of
forged or otherwise fake documentation;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11520-06-5

S. 5842--A                          2

  (e)  That  after  ten years of non-compliance, the department of motor
vehicles applied for, and received a one-year compliance waiver from the
federal government;
  (f)  That  in  addition  to  the  security  threat  that further delay
presents, failure to comply could result in  New  Yorkers  being  denied
admittance to airports, federal facilities and military bases as soon as
October 2016; and
  (g)  That  it is the intent of this legislature, by and through enact-
ment of this act, to meet or exceed the document and issuance  standards
set  forth  in  the  federal Real ID Act of 2005 (Public Law 109-13), in
order to ensure the safety and security  of  our  great  state,  and  to
provide  New Yorkers with a federally recognized and acceptable driver's
license.
  S 3. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. COMPLIANCE WITH FEDERAL REAL  ID  ACT.  (A)  NOTWITHSTANDING  ANY
PROVISION  OF LAW, RULE OR REGULATION TO THE CONTRARY, THAT IN THE ISSU-
ANCE OF A DRIVER'S LICENSE UNDER THIS CHAPTER, THE DEPARTMENT SHALL ONLY
ISSUE OR REISSUE UPON APPLICATION FOR RENEWAL OR  REPLACEMENT,  DRIVER'S
LICENSES  WHICH  COMPLY WITH SECTION 202 OF TITLE II OF THE FEDERAL REAL
ID ACT OF 2005 (PUBLIC LAW 109-13).
  (B) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR  REGULATION  TO  THE
CONTRARY,  UPON THE SUBMISSION AND VERIFICATION OF PROPER DOCUMENTATION,
THE DEPARTMENT SHALL REISSUE TO ANY CURRENT LICENSEE POSSESSING A VALID,
BUT NON-COMPLIANT STATE ISSUED LICENSE,  A  DRIVER'S  LICENSE  WHICH  IS
COMPLIANT  WITH  THE FEDERAL REAL ID ACT.  THE DEPARTMENT MAY NOT CHARGE
ANY FEE OR SURCHARGE FOR THE REISSUANCE OF ANY LICENSE PURSUANT TO  THIS
PARAGRAPH.
  (C)  ON  DECEMBER  FIRST  OF  EACH YEAR, THE DEPARTMENT SHALL SUBMIT A
REPORT TO THE GOVERNOR AND  THE  LEGISLATURE  DETAILING  ANY  ADDITIONAL
COSTS  TO  THE  STATE RESULTING FROM COMPLIANCE WITH THE FEDERAL REAL ID
ACT (PUBLIC LAW 109-13), IN ORDER FOR THE STATE TO REQUEST REIMBURSEMENT
FROM THE FEDERAL GOVERNMENT.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
504-a to read as follows:
  S 504-A. COMPLIANCE WITH FEDERAL LAW. THE COMMISSIONER SHALL UNDERTAKE
A  REVIEW OF ALL APPLICABLE FEDERAL LAWS AND REGULATIONS, CONCERNING THE
ISSUANCE OF DRIVER'S LICENSES AND VEHICLE REGISTRATIONS, AND SHALL ISSUE
A REPORT TO THE GOVERNOR AND LEGISLATURE, ON OR BEFORE DECEMBER FIRST OF
EACH YEAR, DETAILING THE STATUS OF NEW YORK'S COMPLIANCE WITH  EACH  AND
EVERY  APPLICABLE  FEDERAL LAW OR REGULATION. THE REPORT SHALL EXPRESSLY
IDENTIFY ANY PORTION OF FEDERAL LAW OR REGULATION WITH  WHICH  NEW  YORK
STATE IS NOT PRESENTLY FULLY COMPLYING WITH, AND SHALL STATE ANY AND ALL
REASONS FOR THE FAILURE OF THE DEPARTMENT TO COMPLY.
  S 5. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law. Effective immediately, the department of
motor vehicles shall begin promulgating rules and regulations to  effec-
tuate the provisions of this act.

co-Sponsors

View additional co-sponsors

2015-S5842B (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, add §504-a, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S416

2015-S5842B (ACTIVE) - Summary

Requires the department of motor vehicles to ensure that all licenses comply with the national driver register.

2015-S5842B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5842B

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to compliance
with the federal Real ID Act

 PURPOSE :

This bill would require the department of motor vehicles to re-issue
drivers licenses, at no cost to licensees, which comply with the 2005
Federal Real ID Act, so that a New York drivers license will be an
acceptable form of identification for purpose of boarding an aircraft
or gaining admittance in to a federal facility. Without this
legislation, federal law will require New Yorkers to purchase a
passport or an enhanced ID if they wish to travel via aircraft or if
they wish to enter a federal facility in the near future.

 SUMMARY OF PROVISIONS :

Section 1. Provides that this Act shall be known as the "New York
Remembers Act".

Section 2. Legislative Intent

Section 3. Adds a new section to the Vehicle and Traffic Law requiring

DMV to issue drivers licenses which are compliant with the federal
Real ID Act. Any individual who wishes to have their current driver's
license upgraded to a Real ID compliant version, would be entitled to
do so at no additional cost. DMV would be required to submit fiscal
reports concerning any additional costs incurred as a result of this
measure, so that the state may explore reimbursement opportunities.

Section 4. This section requires the Commissioner of DMV to file an
annual report with the legislature regarding any and all other federal
laws or regulations, which the department has failed to comply with.

Section 5 is the effective date.

 JUSTIFICATION :

The federal Real ID Act, which was passed by Congress and signed into
law in 2005, is a coordinated effort by the states and federal
government, intended to improve reliability and accuracy of
state-issued identification documents, which serve to inhibit a
terrorist's ability to evade detection by using fraudulent
identification. The standards established by the federal Real ID Act
resulted from a Congressional study investigating the various factors
which led to the horrific tragedy that occurred on September 11, 2001.
In addition to developing tamper proof technologies within the
identification card itself, states were directed to initiate a process
whereby the documentation submitted by an individual applying for a
state issued driver's license could be verified as authentic.  The
purpose of the verification requirement is to ensure that terrorists
are not issued identification cards based on the proffering of forged
or otherwise fake documentation.

Until October 2015, New York State was one of only four states that
were deemed non-compliant with this federal homeland security law.
After ten years of non-compliance, and only after public outcry over
the impending enforcement deadlines, DMV finally submitted a
compliance waiver to the federal Department of Homeland Security.
While the waiver was approved, DMV was only given one year to bring
our state in to compliance. In addition to the security threat that
further delay in compliance presents, failure to take swift action by
the October 2016 deadline could again result in New Yorkers being
denied admittance to federal facilities and military bases, and could
even inhibit our ability to board an aircraft if Real ID becomes fully
enforced.

It is important to note that our DMV is, and has always been,
empowered via current statutory authority, to fully implement this
federal law. Unfortunately, until applying for the recent waiver, they
consciously chose not to comply, disregarding homeland security
concerns and leaving New Yorkers wondering if our IDs would be
accepted by the federal government. DMV should not be making
unilateral decisions regarding which federal laws it chooses to
follow, and which federal laws it chooses not to follow. Especially
when their unilateral decision impacts our security as a state and the
ability of our citizens to travel or enter federally regulated
facilities.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPACT ON THE STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law. Effective immediately, the department of motor
vehicles shall begin promulgating rules and regulations to effectuate
the provisions of this act.

2015-S5842B (ACTIVE) - Bill Text download pdf

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

                                 5842--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 8, 2015
                               ___________

Introduced  by Sens. CROCI, AKSHAR, BONACIC, BOYLE, CARLUCCI, DeFRANCIS-
  CO, FARLEY, FUNKE, GALLIVAN, GOLDEN, GRIFFO, HANNON, LARKIN,  LAVALLE,
  MARCHIONE, MARTINS, MURPHY, NOZZOLIO, SERINO, SEWARD -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Rules -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Transportation in accordance with Senate Rule 6,  sec.  8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation  to  compliance
  with the federal Real ID Act

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

  Section 1. This act shall be known, and may be cited as the "New  York
Remembers Act".
  S 2. Legislative intent. The legislature hereby finds and declares the
following:
  (a)  That  the  federal  Real ID Act, which was passed by Congress and
signed into law in 2005, is a  coordinated  effort  by  the  states  and
federal  government, intended to improve the reliability and accuracy of
state-issued identification documents, which serve to inhibit a  terror-
ist's ability to evade detection by using fraudulent identification;
  (b) That the standards established by the federal Real ID Act resulted
from  a  Congressional study investigating the various factors which led
to the horrific tragedy that occurred on September 11, 2001;
  (c) That in addition to developing tamper  proof  technologies  within
the identification card itself, states were directed to initiate a proc-
ess  whereby the documentation submitted by an individual applying for a
state issued driver's license could be verified as authentic;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11520-07-6

S. 5842--B                          2

  (d) That the verification requirement was meant to ensure that terror-
ists were not issued identification cards based  on  the  proffering  of
forged or otherwise fake documentation;
  (e)  That  after  ten years of non-compliance, the department of motor
vehicles applied for, and received a one-year compliance waiver from the
federal government;
  (f) That in  addition  to  the  security  threat  that  further  delay
presents,  failure  to  comply  could result in New Yorkers being denied
admittance to airports, federal facilities and military bases as soon as
October 2016; and
  (g) That it is the intent of this legislature, by and  through  enact-
ment  of this act, to meet or exceed the document and issuance standards
set forth in the federal Real ID Act of 2005  (Public  Law  109-13),  in
order  to  ensure  the  safety  and  security of our great state, and to
provide New Yorkers with a federally recognized and acceptable  driver's
license.
  S 3. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 1-a to read as follows:
  1-A.  COMPLIANCE  WITH  FEDERAL  REAL  ID ACT. (A) NOTWITHSTANDING ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THAT IN THE  ISSU-
ANCE OF A DRIVER'S LICENSE UNDER THIS CHAPTER, THE DEPARTMENT SHALL ONLY
ISSUE  OR  REISSUE UPON APPLICATION FOR RENEWAL OR REPLACEMENT, DRIVER'S
LICENSES WHICH COMPLY WITH SECTION 202 OF TITLE II OF THE  FEDERAL  REAL
ID  ACT OF 2005 (PUBLIC LAW 109-13) AND WHICH ARE ACCEPTABLE FOR FEDERAL
PURPOSES.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR  REGULATION  TO  THE
CONTRARY,  UPON THE SUBMISSION AND VERIFICATION OF PROPER DOCUMENTATION,
THE DEPARTMENT SHALL REISSUE TO ANY CURRENT LICENSEE POSSESSING A VALID,
BUT NON-COMPLIANT STATE ISSUED LICENSE,  A  DRIVER'S  LICENSE  WHICH  IS
COMPLIANT  WITH  THE  FEDERAL  REAL  ID  ACT AND WHICH IS ACCEPTABLE FOR
FEDERAL PURPOSES.  THE DEPARTMENT MAY NOT CHARGE ANY  FEE  OR  SURCHARGE
FOR THE REISSUANCE OF ANY LICENSE PURSUANT TO THIS PARAGRAPH.
  (C)  ON  DECEMBER  FIRST  OF  EACH YEAR, THE DEPARTMENT SHALL SUBMIT A
REPORT TO THE GOVERNOR AND  THE  LEGISLATURE  DETAILING  ANY  ADDITIONAL
COSTS  TO  THE  STATE RESULTING FROM COMPLIANCE WITH THE FEDERAL REAL ID
ACT (PUBLIC LAW 109-13), IN ORDER FOR THE STATE TO REQUEST REIMBURSEMENT
FROM THE FEDERAL GOVERNMENT.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
504-a to read as follows:
  S 504-A. COMPLIANCE WITH FEDERAL LAW. THE COMMISSIONER SHALL UNDERTAKE
A  REVIEW OF ALL APPLICABLE FEDERAL LAWS AND REGULATIONS, CONCERNING THE
ISSUANCE OF DRIVER'S LICENSES AND VEHICLE REGISTRATIONS, AND SHALL ISSUE
A REPORT TO THE GOVERNOR AND LEGISLATURE, ON OR BEFORE DECEMBER FIRST OF
EACH YEAR, DETAILING THE STATUS OF NEW YORK'S COMPLIANCE WITH  EACH  AND
EVERY  APPLICABLE  FEDERAL LAW OR REGULATION. THE REPORT SHALL EXPRESSLY
IDENTIFY ANY PORTION OF FEDERAL LAW OR REGULATION WITH  WHICH  NEW  YORK
STATE IS NOT PRESENTLY FULLY COMPLYING WITH, AND SHALL STATE ANY AND ALL
REASONS FOR THE FAILURE OF THE DEPARTMENT TO COMPLY.
  S 5. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a law. Effective immediately, the department of
motor vehicles shall begin promulgating rules and regulations to  effec-
tuate the provisions of this act.

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Senate Bill S5842A

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Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2015-S5842 - Details

2015-S5842 - Summary

2015-S5842 - Sponsor Memo

2015-S5842 - Bill Text download pdf

co-Sponsors

2015-S5842A - Details

2015-S5842A - Summary

2015-S5842A - Sponsor Memo

2015-S5842A - Bill Text download pdf

co-Sponsors

2015-S5842B (ACTIVE) - Details

2015-S5842B (ACTIVE) - Summary

2015-S5842B (ACTIVE) - Sponsor Memo

2015-S5842B (ACTIVE) - Bill Text download pdf

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