Bill Text: NY A03305 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 3305 (Prior Session Legislation)

Introduced

Bill Title: Requires applicants for a driver's license or non-driver identification card to submit satisfactory proof to the department of motor vehicles that the applicant's presence in the United States is authorized under federal law.

Sponsorship: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2012-03-30 - enacting clause stricken [A03305 Detail]

Download: New_York-2011-A03305-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3305
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by  M.  of  A. CLARK, SCHROEDER, CUSICK, J. MILLER -- Multi-
         Sponsored by -- M. of A.  ABBATE, BURLING, DESTITO, ENGLEBRIGHT, KOLB,
         LATIMER, P. LOPEZ, REILLY, THIELE, ZEBROWSKI -- read once and referred
         to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in  relation  to  proof  of
         authorized  presence  in  the  United States for a driver's license or
         non-driver identification card
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 502-b to read as follows:
    3    S 502-B. PROOF  OF  AUTHORIZED  PRESENCE  IN  THE  UNITED  STATES.  1.
    4  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  THE COMMISSIONER SHALL
    5  REQUIRE EVERY APPLICANT FOR A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICA-
    6  TION CARD TO SUBMIT SATISFACTORY PROOF THAT THE APPLICANT'S PRESENCE  IN
    7  THE UNITED STATES IS AUTHORIZED UNDER FEDERAL LAW.
    8    2.  THE  DEPARTMENT  SHALL  NOT ISSUE A DRIVER'S LICENSE OR NON-DRIVER
    9  IDENTIFICATION CARD TO ANY PERSON WHO DOES NOT SUBMIT SATISFACTORY PROOF
   10  THAT THE APPLICANT'S PRESENCE IN THE UNITED STATES IS  AUTHORIZED  UNDER
   11  FEDERAL LAW.
   12    3. IF THE DEPARTMENT DETERMINES OR REASONABLY SUSPECTS, BASED UPON THE
   13  INFORMATION  PROVIDED TO IT, THAT THE APPLICANT'S PRESENCE IN THE UNITED
   14  STATES IS NOT AUTHORIZED UNDER FEDERAL LAW, THE DEPARTMENT SHALL  NOTIFY
   15  THE  UNITED STATES BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT OF SUCH
   16  PERSON'S SUSPECTED ILLEGAL STATUS.
   17    4. THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THE PURPOSES OF
   18  THIS SECTION, INCLUDING PROCEDURES FOR, BUT NOT LIMITED TO, (A)  VERIFY-
   19  ING  THAT  THE  APPLICANT'S  PRESENCE IN THE UNITED STATES IS AUTHORIZED
   20  UNDER FEDERAL LAW, (B) ISSUANCE OF TEMPORARY LICENSES PENDING  VERIFICA-
   21  TION  OF STATUS, (C) APPEALS HEARINGS FROM DENIALS OF LICENSES OR TEMPO-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06645-01-1
       A. 3305                             2
    1  RARY LICENSES, AND (D) NOTIFICATION PURSUANT  TO  SUBDIVISION  THREE  OF
    2  THIS SECTION.
    3    5. THE INABILITY TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS SECTION
    4  DOES  NOT  ABROGATE  OR DIMINISH IN ANY RESPECT THE LEGAL REQUIREMENT OF
    5  EVERY DRIVER IN THIS STATE TO OBEY THE MOTOR VEHICLE LAWS OF THIS STATE,
    6  INCLUDING LAWS WITH RESPECT TO LICENSING,  MOTOR  VEHICLE  REGISTRATION,
    7  AND FINANCIAL RESPONSIBILITY.
    8    6. ANY PERSON WHO KNOWINGLY OBTAINS OR ASSISTS A PERSON IN OBTAINING A
    9  DRIVER'S  LICENSE  OR  IDENTIFICATION CARD FOR HIMSELF OR HERSELF OR FOR
   10  ANY PERSON WHOSE PRESENCE IN THE UNITED STATES IS NOT  AUTHORIZED  UNDER
   11  FEDERAL LAW SHALL BE GUILTY OF A MISDEMEANOR.
   12    S 2. This act shall take effect on the one hundred eightieth day after
   13  it shall have become a law.