BILL NUMBER: S5527

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  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 undoc-
umented immigrants; and directs the department of motor vehicles to
establish a mobile unit to process such applications

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow for the removal of county clerks who refuse to obey New York
law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Officers Law Section 33 by adding a new subdivi-
sion 3 to provide for the removal of county clerks who refuse to process
applications for drivers' licenses for undocumented immigrants.

Section 2 amends County Law Section 525 by adding a new subdivision 3
              

deeming a county clerk's failure to process applications for undocu-
mented immigrants to obtain drivers' licenses is neglect of duties and
subjects such clerk to removal proceedings.

Section 3 provides that the department of motor vehicles must establish
a mobile unit to process applications for drivers' licenses after
passage of the green light bill.

Section 4 is the effective date.

 
JUSTIFICATION:

With passage of 5.1747, the Driver's License and Privacy Act, undocu-
mented licensed drivers need to be protected against discrimination in
the state of New York. Recently, a few county clerks have expressed
opposition to the legislation, stating that they will not issue standard
licenses to a group of individuals who contribute greatly to the economy
of our state.

Some county clerks complain that undocumented individuals are able to
receive standard driver's licenses easier than a legal resident who
applies for an enhanced driver's license or Real ID, and claim that such
issuance of standard licenses will undermine enhanced driver's licenses.
This is a specious argument since it is well understood that the
requirements for each license differ under state law. Undocumented immi-
grants eligible for standard licenses would not be eligible for an
enhanced or Real-ID driver's license, and standard licenses cannot be
used for federal purposes. Recipients of standard licenses would not be
able to access federal facilities and could not use such licenses to
board commercial aircraft. Standard licenses will simply allow for the
legal operation of a motor vehicle.

Undocumented individuals were able to obtain licenses in New York until
2001 when then- Governor Pataki issued an ill-informed executive order
taking drivers licenses away from them. The legislature and the governor
have now chosen to reinstate driver's licenses for undocumented immi-
grants for sound policy reasons. It is not up to county clerks to ques-
tion, or change public policy. Indeed, county clerks have sworn to
uphold New York State law. The willful failure to do so should be
grounds for removal from office. This bill provides that any county
clerk who refuses to issue drivers licenses to undocumented individuals
will be deemed to be neglecting his or her duties and may be removed
from office by the governor. Just like other public officials, country
clerks must obey the law and cannot refuse to perform their duties or
take law into their own hands.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
immediately.