NY State Senate Bill 2019-S6631

Archive: Last Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2020	recommit, enacting clause stricken
Jan 08, 2020	referred to transportation
Jul 12, 2019	referred to rules

2019-S6631 (ACTIVE) - Details

See Assembly Version of this Bill:: A10168
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §201 subs 8 - 12, §502 subs 7 & 8, amd §§502 & 508, V & T L; rpld §7, Chap 37 of 2019
Versions Introduced in Other Legislative Sessions:: 2021-2022: A5667
2023-2024: A5395

2019-S6631 (ACTIVE) - Summary

Repeals the driver's license access and privacy act.

2019-S6631 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6631

SPONSOR: JACOBS
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to repealing the driver's license access and privacy act; to
repeal certain provisions of such law relating thereto; and to repeal
section 7 of chapter 39 of the laws of 2019, amending the vehicle and
traffic law relating to the issuance of non-commercial drivers' licenses
and learners' permits

 
PURPOSE:

This bill would repeal the laws enacted by section 7 of chapter 39 of
the laws of 2019.

 
SUMMARY OF PROVISIONS:

Section 1 repeals subdivisions 8, 9, 10, 11, and 12 of section 201 of
the vehicle and traffic law.

Section 2 amends subdivision 1 of section 502 of the vehicle and traffic

law, as amended by chapter 37 of the laws of 2019.

Section 3 amends subdivision 6 of section 502 of the vehicle and traffic
law, as amended by chapter 37 of the laws of 2019.

Section 4 repeals subdivisions 7 and 8 of section 502 of the vehicle and
traffic law and adds and new subdivision mandating compliance with
selective service act.

Section 5 amends subdivisions 2 and 3 of section 508 of the vehicle and
traffic law, as amended by chapter 37 of the laws of 2019.

Section 6 repeals section 7 of chapter 37 of the laws of 2019.

Section 7 is the enacting clause.

 
JUSTIFICATION:

Chapter 37 of the laws of 2019 will permit illegal aliens to obtain
driver licenses. Giving driver licenses to illegal aliens will create
many issues that will threaten public safety and the integrity of our
laws. Some of these issues are fraud, the constitutionality of not
corroborating with federal agencies, and a hindrance on law enforce-
ment's ability to protect us.

We can expect an increase in many types of fraud with the relaxed
documentation requirements this law enacts, including voting fraud since
getting a driver's license in New York enables you the ability to vote
illegally without fear of being caught.

Law enforcement's hands will be tied under this new law since the state
will be required to notify potential criminals if the police are using
their DMV documents. Now potential criminals can get a running start
when they escape from justice.

In addition to the previous drawbacks mentioned, this law could be seen
as a direct violation of the Supremacy Clause of the United States
Constitution. This law also calls for state agencies to refuse requests
from certain federal agencies. Not only does this allow lawbreakers to
evade the law but it also brings up major constitutional concerns. The
high costs that New York will incur combating these lawsuits will ulti-
mately come out of the pockets of taxpayers.

This bill will repeal this law and will prevent these consequences from
occurring, saving taxpayers money, and preventing a safe harbor for
fraud and crime in New York.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the same date and same manner as chapter
37 of the laws of 2019, takes effect. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such date.

2019-S6631 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6631
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               July 12, 2019
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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  repealing
   the  driver's  license  access  and  privacy  act;  to  repeal certain
   provisions of such law relating thereto; and to repeal  section  7  of
   chapter  39  of the laws of 2019, amending the vehicle and traffic law
   relating to the issuance of non-commercial drivers' licenses and lear-
   ners' permits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  8,  9, 10, 11, and 12 of section 201 of the
 vehicle and traffic law are REPEALED.
   § 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended  by  chapter  37  of  the  laws  of  2019, is amended to read as
 follows:
   1. Application for license. Application for a driver's  license  shall
 be  made to the commissioner. The fee prescribed by law may be submitted
 with such application. The applicant shall furnish such proof of identi-
 ty, age, and fitness as may  be  required  by  the  commissioner.  [With
 respect  to  a non-commercial driver's license or learner's permit which
 does not meet federal standards for identification, in addition  to  the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, a valid, unexpired foreign passport
 issued  by  the  applicant's country of citizenship (which shall also be
 eligible as proof of age), a valid,  unexpired  consular  identification
 document  issued by a consulate from the applicant's country of citizen-
 ship, or a valid foreign driver's license that includes a photo image of
 the applicant and which is unexpired or expired for  less  than  twenty-
 four  months  of its date of expiration, as primary forms of such proof.
 Nothing contained in this subdivision shall be deemed  to  preclude  the

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

                                                            LBD13487-01-9

 S. 6631                             2

 commissioner  from approving additional proofs of identity and age.] The
 commissioner may also  provide  that  the  application  procedure  shall
 include  the  taking  of  a  photo  image  or images of the applicant in
 accordance with rules and regulations prescribed by the commissioner. In
 addition, the commissioner also shall require that the applicant provide
 his  or her social security number [or, in lieu thereof, with respect to
 an application for a non-commercial driver's license or learner's permit
 which does not meet federal standards for identification,  an  affidavit
 signed by such applicant that they have not been issued a social securi-
 ty  number. The commissioner also] AND shall provide space on the appli-
 cation so that the applicant may register in the New  York  state  organ
 and  tissue  donor registry under section forty-three hundred ten of the
 public health law with the following stated on the application in  clear
 and conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   The  commissioner  of  health shall not maintain records of any person
 who checks "skip this question". Except where the application is made in
 person or electronically, failure to check a box shall  not  impair  the
 validity of an application, and failure to check "yes" or checking "skip
 this  question" shall not be construed to imply a wish not to donate. In
 the case of an applicant under eighteen years  of  age,  checking  "yes"
 shall  not constitute consent to make an anatomical gift or registration
 in the donate life registry, except as otherwise  provided  pursuant  to
 the  provisions  of  paragraph  (b) of subdivision one of section forty-
 three hundred one of the public  health  law.  Where  an  applicant  has
 previously  consented  to  make  an anatomical gift or registered in the
 donate life registry, checking "skip this question" or failing to  check
 a  box  shall  not  impair that consent or registration. In addition, an
 applicant for a commercial driver's license who will operate  a  commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant  meets  the  requirements to operate a commercial motor vehicle, as
 set forth in public law 99-570, title XII, and title 49 of the  code  of
 federal  regulations,  and  all  regulations  promulgated  by the United
 States secretary of transportation under the hazardous materials  trans-
 portation  act.  In  addition,  an  applicant  for a commercial driver's
 license shall submit a medical certificate at such intervals as required
 by the federal motor carrier safety improvement act  of  1999  and  Part
 383.71(h)  of  title  49  of the code of federal regulations relating to
 medical certification and in a manner prescribed  by  the  commissioner.
 For  purposes  of  this  section  and  sections five hundred three, five
 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
 certificate" and "medical certification" shall mean a form substantially
 in compliance with the form set forth in Part 391.43(h) of title  49  of
 the code of federal regulations. Upon a determination that the holder of
 a commercial driver's license has made any false statement, with respect
 to  the application for such license, the commissioner shall revoke such
 license.
   § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle  and
 traffic law, as amended by chapter 37 of the laws of 2019, is amended to
 read as follows:
   (a)  A  license  issued  pursuant  to subdivision five of this section
 shall be valid until the expiration date contained thereon, unless  such
 license  is suspended, revoked or cancelled. Such license may be renewed
 by submission of an application for renewal, the fee prescribed by  law,

 S. 6631                             3
 
 proofs  of  prior licensing, fitness and acceptable vision prescribed by
 the commissioner, the applicant's social security number  [or,  in  lieu
 thereof,  with  respect  to an application for a non-commercial driver's
 license  or  learner's  permit which does not meet federal standards for
 identification, an affidavit signed by such applicant that they have not
 been issued a social security number], and if required  by  the  commis-
 sioner,  a  photo image of the applicant in such numbers and form as the
 commissioner shall prescribe. In addition, an applicant for renewal of a
 license containing a hazardous material endorsement shall pass an  exam-
 ination to retain such endorsement. The commissioner shall, with respect
 to  the  renewal  of  a hazardous materials endorsement, comply with the
 requirements imposed upon states by  sections  383.141  and  1572.13  of
 title  49  of the code of federal regulations. A renewal of such license
 shall be issued by the commissioner upon approval of  such  application,
 except  that  no  such  license shall be issued if its issuance would be
 inconsistent with the provisions of section five hundred sixteen of this
 title, and except that the commissioner may refuse to renew such license
 if the applicant is the holder of a currently valid or renewable license
 to drive issued by another state or foreign country unless the applicant
 surrenders such license.
   § 4. Subdivisions 7 and 8 of section 502 of the  vehicle  and  traffic
 law are REPEALED and a new subdivision 7 is added to read as follows:
   7. COMPLIANCE WITH SELECTIVE SERVICE ACT REQUIRED. (A) ALL PERSONS WHO
 ARE AT LEAST EIGHTEEN YEARS OF AGE BUT LESS THAN TWENTY-SIX YEARS OF AGE
 WHO  APPLY TO THE COMMISSIONER FOR A LEARNER'S PERMIT, DRIVER'S LICENSE,
 RENEWAL OF LICENSE, OR NON-DRIVER'S IDENTIFICATION CARD,  SHALL  EITHER:
 (I)  BE  IN  COMPLIANCE  WITH THE REQUIREMENTS OF THE MILITARY SELECTIVE
 SERVICE ACT AS PROVIDED FOR PURSUANT TO 50 U.S.C. APP 451 ET.  SEQ.,  AS
 AMENDED,  OR  (II)  CONSENT  TO  PERMIT THE COMMISSIONER TO FORWARD SUCH
 INFORMATION AS IS REQUIRED TO REGISTER SUCH INDIVIDUAL WITH  THE  SELEC-
 TIVE  SERVICE  SYSTEM, IF SUCH INDIVIDUAL MUST BE REGISTERED PURSUANT TO
 SUCH ACT.
   (B) THE COMMISSIONER SHALL FORWARD IN AN ELECTRONIC FORMAT THE  NECES-
 SARY  PERSONAL INFORMATION REQUIRED FOR REGISTRATION OF SUCH INDIVIDUALS
 SPECIFIED IN PARAGRAPH  (A)  OF  THIS  SUBDIVISION  WITH  THE  SELECTIVE
 SERVICE  SYSTEM. SUCH INDIVIDUAL'S APPLICATION TO THE COMMISSIONER FOR A
 LEARNER'S PERMIT, DRIVER'S LICENSE, RENEWAL OF LICENSE  OR  NON-DRIVER'S
 IDENTIFICATION  CARD SHALL SERVE AS AN INDICATION THAT THE APPLICANT HAS
 ALREADY REGISTERED WITH THE MILITARY SELECTIVE SERVICE ACT OR THAT  SUCH
 INDIVIDUAL  IS  AUTHORIZING THE COMMISSIONER TO FORWARD TO THE SELECTIVE
 SERVICE SYSTEM THE NECESSARY  INFORMATION  FOR  SUCH  SELECTIVE  SERVICE
 REGISTRATION.  THE  COMMISSIONER  SHALL  NOTIFY  SUCH  APPLICANTS ON THE
 APPLICATION FORM THAT ANY APPLICATION FOR A LEARNER'S  PERMIT,  DRIVER'S
 LICENSE,  RENEWAL  OF  LICENSE OR NON-DRIVER'S IDENTIFICATION CARD SHALL
 SERVE AS CONSENT TO BE REGISTERED WITH THE SELECTIVE SERVICE SYSTEM,  IF
 SO REQUIRED BY FEDERAL LAW.
   §  5.  Subdivisions  2 and 3 of section 508 of the vehicle and traffic
 law, as amended by chapter 37 of the laws of 2019, are amended  to  read
 as follows:
   2. Any application required to be filed under this article shall be in
 a  manner  and  on  a  form or forms prescribed by the commissioner. The
 applicant shall furnish all information required by statute and[, except
 as otherwise provided in this title,]  such  other  information  as  the
 commissioner shall deem appropriate.
   3.  License  record.  The  commissioner  shall  keep a record of every
 license issued which record shall be open to  public  inspection  during

 S. 6631                             4
 
 reasonable business hours. [Provided, however, that the following infor-
 mation  whenever  contained within the record of non-commercial drivers'
 licenses and learners' permits shall not be open to  public  inspection:
 the  photo  image, social security number, client identification number,
 name, address, telephone number, place  of  birth,  country  of  origin,
 place  of employment, school or educational institution attended, source
 of income, status as a recipient of public benefits, the customer  iden-
 tification  number  associated  with a public utilities account, medical
 information or disability information of any holders of,  or  applicants
 for,  such  licenses  and  permits, and whether such licenses or permits
 meet federal standards for identification or do not meet federal  stand-
 ards  for  identification.] Neither the commissioner nor his agent shall
 be required to allow the inspection of an application, or to  furnish  a
 copy  thereof, or information therefrom, until a license has been issued
 thereon.
   § 6. Section 7 of chapter 37 of the laws of 2019, amending the vehicle
 and traffic law relating to  the  issuance  of  non-commercial  drivers'
 licenses and learners' permits, is REPEALED.
   §  7.  This  act shall take effect on the same date and same manner as
 chapter 37 of the laws of 2019, takes effect. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such date.

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Senate Bill S6631

Sponsored By

Archive: Last Bill Status - Stricken

2019-S6631 (ACTIVE) - Details

2019-S6631 (ACTIVE) - Summary

2019-S6631 (ACTIVE) - Sponsor Memo

2019-S6631 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6631

Share this bill

Sponsored By

Chris Jacobs

Archive: Last Bill Status - Stricken

2019-S6631 (ACTIVE) - Details

2019-S6631 (ACTIVE) - Summary

2019-S6631 (ACTIVE) - Sponsor Memo

2019-S6631 (ACTIVE) - Bill Text download pdf

Comments