Bill Text: NY A10110 | 2019-2020 | General Assembly | Introduced
Bill Title: Allows for the disclosure of certain information to federal agencies for the trusted traveler program and official duties at ports of entry.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-03-12 - referred to transportation [A10110 Detail]
Download: New_York-2019-A10110-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10110 IN ASSEMBLY March 12, 2020 ___________ Introduced by M. of A. WALLACE, JONES -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to allowing for the disclosure of certain information to federal agencies for the trusted traveler program and official duties at ports of entry The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 12 of section 201 of the vehicle and traffic 2 law, as added by chapter 37 of the laws of 2019, is amended to read as 3 follows: 4 12. (a) Except as required for the commissioner to issue or renew a 5 driver's license or learner's permit that meets federal standards for 6 identification, the commissioner, and any agent or employee of the 7 commissioner, shall not disclose or make accessible in any manner 8 records or information that he or she maintains, to any agency that 9 primarily enforces immigration law or to any employee or agent of such 10 agency[, unless the commissioner is presented with] except: (i) to an 11 employee of law enforcement acting within the scope of his or her offi- 12 cial duties relating to any trusted traveler program; (ii) to an employ- 13 ee of law enforcement acting within the scope of his or her official 14 duties at any port of entry; or (iii) pursuant to a lawful court order 15 or judicial warrant signed by a federal judge [appointed pursuant to16article III of the United States constitution. Upon receiving a request17for such records or information from an agency that primarily enforces18immigration law, the commissioner shall, no later than three days after19such request, notify the individual about whom such information was20requested, informing such individual of the request and the identity of21the agency that made such request]. 22 (b) The commissioner shall require any person or entity that receives 23 or has access to records or information from the department to certify 24 to the commissioner, before such receipt or access, that such person or 25 entity shall not (i) use such records or information for civil immi- 26 gration purposes or (ii) disclose such records or information to any 27 agency that primarily enforces immigration law or to any employee or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15423-01-0A. 10110 2 1 agent of any such agency unless such disclosure is pursuant to the 2 provisions of this chapter or a cooperative arrangement between city, 3 state and federal agencies which arrangement does not enforce immi- 4 gration law and which disclosure is limited to the specific records or 5 information being sought pursuant to such arrangement. In addition to 6 any records required to be kept pursuant to subdivision (c) of section 7 2721 of title 18 of the United States code, any person or entity certi- 8 fying pursuant to this paragraph shall keep for a period of five years 9 records of all uses and identifying each person or entity that primarily 10 enforces immigration law that received department records or information 11 from such certifying person or entity. Such records shall be maintained 12 in a manner and form prescribed by the commissioner and shall be avail- 13 able for inspection by the commissioner or his or her designee upon his 14 or her request. 15 (c) For purposes of this subdivision, the term "agency that primarily 16 enforces immigration law" shall include, but not be limited to, United 17 States immigration and customs enforcement and United States customs and 18 border protection, and any successor agencies having similar duties. 19 § 2. This act shall take effect immediately.