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A04050 Summary:

BILL NOA04050
 
SAME ASNo Same As
 
SPONSORMoya
 
COSPNSRRamos, Steck, Hunter, Jaffee, Skartados, Perry
 
MLTSPNSRCahill
 
Amd 201, 490, 502, 504-a & 508, V & T L
 
Relates to authorizing the department of motor vehicles to issue limited purpose drivers' licenses; authorizes the issuance of limited purpose drivers' licenses where an applicant shall not be required to establish legal presence in the United States at the time of application; provides that such license may be used as legal identification.
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A04050 Actions:

BILL NOA04050
 
01/31/2017referred to transportation
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A04050 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4050
 
SPONSOR: Moya
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to authorizing the department of motor vehicles to issue limit- ed purpose drivers' licenses   PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to allows the commissioner of motor vehicles to offer limited purpose drivers' licenses to applicants, regardless of immi- gration status, who can demonstrate identity, age and fitness in accord- ance with relevant sections. This bill would generate millions in reven- ue for all levels of government in New York State, lower insurance premiums for drivers, drive auto-sales.   SUMMARY OF PROVISIONS: Section one amends the vehicle and traffic law to require any applica- tion and source documented filed in the application of a driver's license or identification card to be kept on file for a period of seven years and any images of source documents for a minimum of ten years. Section two amends the vehicle and traffic law by adding a new paragraph (4) to section 490 to allow the commissioner to offer an identification card accepted by the federal government subject to applicable federal requirements, including the Real ID Act of 2005. Any card not satisfying these requirements shall clearly state "Not valid for official federal purposes". Section three amends the vehicle and traffic law by adding a new paragraph (8) to section 502 to not apply the requirements of this section where inconsistent with the provisions of section 504-a created by the following section. Section four amends the vehicle and traffic law by adding a new section 504-a to allow the commissioner to offer enhanced and limited purpose drivers' licenses to an applicant who can provide proof of identity, age and fitness in accordance with this section. A sworn statement under the penalty of perjury, stating the applicant's identity and the fa ct that he or she has not been issued a social security number can be used in place of a social security number, and an applicant shall never be required to establish legal presence in the United States. A license or permit issued under this provision shall display "Not valid for official federal purpose", shall not be used to consider or as evidence of the holders immigration status, or used as basis for a criminal investigation, arrest or detention in circumstances where a driver's license not issued pursuant to this section would not be criminally investigated. The commissioner shall not keep separate records of licenses issued pursuant to this section, shall provide elec- tronic access to all other States only to information retained by the commissioner and listed in subdivision (b) of section 202 of the Real ID Act of 2005. Information collected shall not be deemed public record and not be disclosed by the commissioner except with the consent of the individual to whom it pertains, a subpoena specifically identifying the person or otherwise required by law. Card holder's immigration status shall not be recorded or retained. Section five amends the vehicle and traffic law by adding new paragraphs (6) and (7) to section 508 requir- ing the commissioner to promulgate rules and regulations necessary for compliance with Real ID Act of 2005. Section six states that this act shall take effect one year after it becomes law, allowing the commis- sioner to promulgate any rules and regulations necessary for timely implementation before the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): New Bill   JUSTIFICATION: A driver's license is a necessity throughout most of New York where public transportation is limited or non-existent. As a result, simple needs like traveling to work, picking up groceries and dropping a child off at school become a struggle. Allowing the Department of Motor Vehi- cles to issue limited purpose drivers' licenses to applicants, regard- less of that person's immigration status, would remove the daily road- blocks people face without a vehicle and makes it easier for all New Yorkers to provide for their families.Even New York City with its exten- sive subway and bus network, there are still transit deserts in many communities and long indirect routes to neighboring locations otherwise close by car. Limited purpose licenses would not only cut hours to travel off New York City commuters, the estimated 150,000 undocumented immigrants expected to sign up would generate$9.6 million in driver's license fees to New York State alone. The MTA's license processing fee surcharge would generate $1.3 million directly to the MTA The Fiscal Policy Institute estimated that 265,000 people would get licenses throughout New York, generating an estimated $57 million a year in total revenue statewide across all levels of government, with an additional $24 million of one-time revenue for New York State. The associated influx of insurance policies taken is also expected to drop insurance premiums by $17 per driver each year, as well as a boost in auto- sales.Undocumented immigrants must also be confident that none of the information they provide can be used against them or leave them vulner- able. This bill establishes key protections for applicants and their rendered information, by explicitly disallowing records of immigration status from being kept, disallowing separate records for traditional licenses and limited purpose drivers' licenses, not disclosing records as public information, restricting what records can be shared, but otherwise in accord with existing laws and requirements.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: According to Fiscal Policy Institute estimates $57 million in combined annual government revenues plus $26 million in one-time revenues.   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law; provided, however, that the commissioner of motor vehicles shall promul- gate any rules and regulations necessary for the timely implementation of the provisions of this act on or before such effective date
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