BILL NUMBER: S5054

SPONSOR: RHOADS
 
TITLE OF BILL:

An act to repeal subdivision 12 of section 201 of the vehicle and traf-
fic law, relating to disclosure of certain records and information and
the imposition of a class E felony for failure to maintain such records
and information

 
PURPOSE:

To repeal subdivision 12 of section 201 of the vehicle and traffic law,
relating to disclosure of certain records and information and the impo-
sition of a class E felony for failure to maintain such records and
information.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 12 of section 201 of the vehicle and traffic law
is REPEALED.

              

Section 2. This act shall take effect immediately.

 
JUSTIFICATION:

In 2020, this Legislature and Governor of the State of New York made the
conscious and purposeful decision to actively impede the efforts of law
enforcement agencies of the government of the United States to enforce
Federal immigration law and protect the citizens of the United States
and the citizens of the State of New York. Part of this purposeful
effort was the enactment of Section 201(12) of the Vehicle and Traffic
Law of the State of New York which made it punishable as a Class E felo-
ny for the Commissioner or any employee of the New York State Department
of Motor Vehicles to disclose or make accessible in any manner, depart-
mental records or information to any agency that "primarily enforces
immigration law", without a Court order for same.

In the intervening years since the adoption of this law, in conjunction
with Federal immigration policies enacted under the Biden Adminis-
tration, it is estimated that over 10 million illegal border crossings
have occurred and that as many as a reported 676,000 illegal immigrants
had taken residence in the State of New York as of 2022 with than number
having increased dramatically through 2024. In New York City alone, this
includes an estimated 58,000 illegal immigrants with prior felony
convictions or awaiting criminal trials.  It is estimated that total
expenses to the City and State of New York through 2025 related to
services for New York's undocumented/illegal immigrant population will
exceed $15 Billion taxpayer dollars which may have otherwise been used
to provide services to New York's legal residents or provide much needed
tax relief.

Any government's primary responsibilities are to provide for public
safety by upholding the rule of law and to use tax dollars wisely to
provide basic services to its citizens as efficiently as possible.

Section 201(12), both in theory and in practice, undermines those prima-
ry responsibilities. For this reason, this legislation would enact a

full and immediate repeal of Section 201(12) of the Vehicle and Traffic
Law of the State of New York in its entirety.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.