Bill Text: NY C00240 | 2019-2020 | General Assembly | Introduced

New York Senate Concurrent Resolution 240 (Prior Session Legislation)

Introduced

Bill Title: Opposes the enactment of a state law, pursuant to a federal mandate, to require the suspension or revocation of the driver's license of any individual after conviction of violating drug laws

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-03-31 - returned to senate [C00240 Detail]

Download: New_York-2019-C00240-Introduced.html


Assembly Resolution No. 240

BY: M. of A. Magnarelli

        CONCURRENT  RESOLUTION  OF  THE  SENATE AND ASSEMBLY
        opposing the enactment of a state law, pursuant to a
        federal  mandate,  to  require  the  suspension   or
        revocation of the driver's license of any individual
        convicted of any violation of the federal Controlled
        Substances  Act  or  another drug law, regardless of
        whether the offense is related to the operation of a
        motor vehicle

  WHEREAS, Pursuant to  23  U.S.C.  §  159(a)(3),  the  United  States
Secretary  of  Transportation is required to withhold eight percent of a
state's highway-related  funds  unless  that  state  either  enacts  and
enforces  a  law  requiring  a six-month suspension or revocation of the
driver's license of any individual convicted of  any  violation  of  the
federal  Controlled  Substances  Act  or  other  drug  law,  or passes a
resolution expressing opposition to the enactment of such a law; and

  WHEREAS, After careful examination of this mandate, this Legislative
Body  hereby  determines  that  the  law  requiring  the  suspension  or
revocation  of  the  driver's  license  of an individual based on a drug
offense regardless of whether the offense is related to the operation of
a motor vehicle represents an unnecessary use  of  state  department  of
motor  vehicle resources for a result not tied to ensuring the safety of
New York roads and highways; and

  WHEREAS, The granting or withholding of driving  privileges  is  and
has  always  been  a prerogative of the states to decide for themselves,
and the state of New York has already enacted sufficient laws to suspend
or revoke driving privileges for drug-related activity  conducted  while
operating  a  motor  vehicle  and has already enacted sufficient laws to
prohibit and punish illegal drug activity; and

  WHEREAS, Suspension or revocation of  driving  privileges  for  drug
crimes  unrelated  to  the  operation  of a motor vehicle constitutes an
undue barrier to the ability of individuals convicted of such crimes  to
find  and  maintain  employment and take part in the activities of daily
living; and

  WHEREAS, Forty states have adopted  similar  resolutions  expressing
their opposition to enacting a law requiring the suspension, revocation,
issuance  or  reinstatement  of  any  individual's  driving  license for
conviction of drug laws regardless of whether the offense is related  to
the operation of a motor vehicle; now, therefore, be it

  RESOLVED,  (if  the         concur), That we, the members of the New
York state Senate and Assembly, in adopting this resolution, declare our
opposition to a law described in 23 U.S.C. § 159(a)(3)(A) that  requires
the  revocation,  suspension,  or  delay in issuance or reinstatement of
drivers' licenses to convicted drug offenders regardless of whether  the
offense  is  related  to  the  operation  of  a motor vehicle; and be it
further

  RESOLVED, (if the         concur), That we, the members of  the  New
York  state  Senate  and  Assembly,  in  adopting  this resolution, urge
Governor Andrew M. Cuomo to submit written certification to  the  United
States  Department  of  Transportation  expressing his opposition to the
enactment  and  enforcement  of  such  law  described  in  23  U.S.C.  §
159(a)(3)(A) along with a written certification  that  this  Legislative
Body has adopted this resolution; and be it further

  RESOLVED,  (if the         concur), That the secretary of the Senate
and the clerk of the Assembly shall  each  transmit  duly  authenticated
copies  of  this  resolution to Governor Andrew M. Cuomo, the members of
the New York congressional delegation, and the secretary of  the  United
States Department of Transportation.