Bill Text: NY S00416 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the department of motor vehicles to ensure that all licenses comply with the national driver register.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Engrossed - Dead) 2018-01-29 - PRINT NUMBER 416A [S00416 Detail]

Download: New_York-2017-S00416-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           416
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens. CROCI, AKSHAR, BONACIC, DeFRANCISCO, FUNKE, GALLI-
          VAN, GOLDEN, HANNON, LARKIN,  MARCHIONE,  MURPHY,  ORTT,  RANZENHOFER,
          SEWARD  --  read  twice  and  ordered  printed, and when printed to be
          committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation  to  compliance
          with the federal Real ID Act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known, and may be cited as the "New  York
     2  Remembers Act".
     3    § 2. Legislative intent. The legislature hereby finds and declares the
     4  following:
     5    (a)  That  the  federal  Real ID Act, which was passed by Congress and
     6  signed into law in 2005, is a  coordinated  effort  by  the  states  and
     7  federal  government, intended to improve the reliability and accuracy of
     8  state-issued identification documents, which serve to inhibit a  terror-
     9  ist's ability to evade detection by using fraudulent identification;
    10    (b) That the standards established by the federal Real ID Act resulted
    11  from  a  Congressional study investigating the various factors which led
    12  to the horrific tragedy that occurred on September 11, 2001;
    13    (c) That in addition to developing tamper  proof  technologies  within
    14  the identification card itself, states were directed to initiate a proc-
    15  ess  whereby the documentation submitted by an individual applying for a
    16  state issued driver's license could be verified as authentic;
    17    (d) That the verification requirement was meant to ensure that terror-
    18  ists were not issued identification cards based  on  the  proffering  of
    19  forged or otherwise fake documentation;
    20    (e)  That  after  ten years of non-compliance, the department of motor
    21  vehicles applied for, and received a one-year compliance waiver from the
    22  federal government;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00983-01-7
        S. 416                              2
     1    (f) That in  addition  to  the  security  threat  that  further  delay
     2  presents,  failure  to  comply  could result in New Yorkers being denied
     3  admittance to airports, federal facilities and military bases as soon as
     4  October 2016; and
     5    (g)  That  it is the intent of this legislature, by and through enact-
     6  ment of this act, to meet or exceed the document and issuance  standards
     7  set  forth  in  the  federal Real ID Act of 2005 (Public Law 109-13), in
     8  order to ensure the safety and security  of  our  great  state,  and  to
     9  provide  New Yorkers with a federally recognized and acceptable driver's
    10  license.
    11    § 3. Section 502 of the vehicle and traffic law is amended by adding a
    12  new subdivision 1-a to read as follows:
    13    1-a. Compliance with federal Real  ID  Act.  (a)  Notwithstanding  any
    14  provision  of law, rule or regulation to the contrary, that in the issu-
    15  ance of a driver's license under this chapter, the department shall only
    16  issue or reissue upon application for renewal or  replacement,  driver's
    17  licenses  which  comply with section 202 of title II of the federal Real
    18  ID Act of 2005 (Public Law 109-13) and which are acceptable for  federal
    19  purposes.
    20    (b)  Notwithstanding  any  provision of law, rule or regulation to the
    21  contrary, upon the submission and verification of proper  documentation,
    22  the department shall reissue to any current licensee possessing a valid,
    23  but  non-compliant  state  issued  license,  a driver's license which is
    24  compliant with the federal Real ID  Act  and  which  is  acceptable  for
    25  federal  purposes.    The department may not charge any fee or surcharge
    26  for the reissuance of any license pursuant to this paragraph.
    27    (c) On December first of each year,  the  department  shall  submit  a
    28  report  to  the  governor  and  the legislature detailing any additional
    29  costs to the state resulting from compliance with the  federal  Real  ID
    30  Act (Public Law 109-13), in order for the state to request reimbursement
    31  from the federal government.
    32    §  4.  The  vehicle and traffic law is amended by adding a new section
    33  504-a to read as follows:
    34    § 504-a. Compliance with federal law. The commissioner shall undertake
    35  a review of all applicable federal laws and regulations, concerning  the
    36  issuance of driver's licenses and vehicle registrations, and shall issue
    37  a report to the governor and legislature, on or before December first of
    38  each  year,  detailing the status of New York's compliance with each and
    39  every applicable federal law or regulation. The report  shall  expressly
    40  identify  any  portion  of federal law or regulation with which New York
    41  state is not presently fully complying with, and shall state any and all
    42  reasons for the failure of the department to comply.
    43    § 5. This act shall take effect on the one hundred twentieth day after
    44  it shall have become a law. Effective  immediately,  the  department  of
    45  motor  vehicles shall begin promulgating rules and regulations to effec-
    46  tuate the provisions of this act.