NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5395
SPONSOR: Brabenec TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to repealing
the driver's license access and privacy act; to repeal certain
provisions of such law relating thereto; and to repeal section 7 of
chapter 39 of the laws of 2019, amending the vehicle and traffic law
relating to the issuance of non-commercial drivers' licenses and lear-
ners' permits; and to repeal subdivision 1 of section 502 of the vehicle
and traffic law
PURPOSE OR GENERAL IDEA OF BILL:
This bill would repeal the laws enacted by section 7 of chapter 39 of
the laws of 2019.
SUMMARY OF PROVISIONS:
Section 1 repeals subdivisions 8, 9, 10, 11, and 12 of section 201 of
the vehicle and traffic law.
Section 2 amends subdivision 1 of section 502 of the vehicle and traffic
law, as amended by chapter 37 of the laws of 2019.
Section 3 amends subdivision 6 of section 502 of the vehicle and traffic
law, as amended by chapter 37 of the laws of 2019.
Section 4 repeals subdivisions 7 and 8 of section 502 of the vehicle and
traffic law and adds and new subdivision mandating compliance with
selective service act.
Section 5 amends subdivisions 2 and 3 of section 508 of the vehicle and
traffic law, as amended by chapter 37 of the laws of 2019.
Section 6 repeals section 7 of chapter 37 of the laws of 2019. Section 7
is the enacting clause.
JUSTIFICATION:
Chapter 37 of the laws of 2019 will permit illegal aliens to obtain
driver licenses- Giving driver licenses to illegal aliens will create
many issues that will threaten public safety and the integrity of our
laws. Some of these issues are fraud, the constitutionality of not
corroborating with federal agencies, and a hindrance on law enforce-
ment's ability to protect us. We can expect an increase in many types of
fraud with the relaxed documentation requirements this law enacts,
including voting fraud since getting a driver's license in New York
enables you the ability to vote illegally without fear of being caught.
Law enforcement's hands will be tied under this new law since the state
will be required to notify potential criminals if the police are using
their DMV documents. Now potential criminals can get a running start
when they escape from justice.
In addition to the previous drawbacks mentioned, this law could be seen
as a direct violation of the Supremacy Clause of the United States
Constitution. This law also calls-for state agencies to refuse requests
from certain federal agencies. Not only does this allow lawbreakers to
evade the law but it also brings up major constitutional concerns. The
high costs that New York will incur combating these lawsuits will ulti-
mately come out of the pockets of taxpayers.
This bill will repeal this law and will prevent these consequences from
occurring, saving taxpayers money, and preventing a safe harbor for
fraud and crime in New York.
PRIOR LEGISLATIVE HISTORY:
03/24/20referred to transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect on the same date and same manner as chapter
37 of the laws of 2019, takes effect. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be. made and completed on or before such date.
