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A03675 Summary:

COSPNSRNolan, Glick, Dinowitz, Rosenthal L, Abinanti, Simotas, Quart, Seawright, Simon, Gottfried, Peoples-Stokes, Weprin, Mosley, De La Rosa, Hyndman, Perry, Jaffee, Dilan, Walker, Dickens, Ortiz, Bronson, Epstein, Sayegh, Ramos, Pichardo, Buchwald, Thiele, Cruz, Otis, Magnarelli, Jacobson, Carroll, Reyes, Niou, Paulin, Fernandez, Benedetto, Taylor, Darling, Arroyo, Rodriguez, Hevesi, Pretlow, DenDekker, Lifton, Rosenthal D, Rivera, Cahill, Blake, Kim, Hunter, Davila, Steck, Richardson, Galef, Joyner, Fall, Lavine, Frontus, Barron, O'Donnell, Wright, Solages, Fahy, Gantt
MLTSPNSRLentol, Rozic, Weinstein
Amd §§201, 502 & 508, rpld §502 sub 7, V & T L
Authorizes the department of motor vehicles to issue standard drivers' licenses and restricts what information can be retained and given out on those applying or holding standard drivers' licenses.
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A03675 Floor Votes:

DATE:06/12/2019Assembly Vote  YEA/NAY: 87/61
AbinantiYCrouchNOGarbarinoNOLupardoYPheffer AmatoNOSimotasY
BarnwellYDe La RosaYGriffinNOMcDonoughNORaiaNOSteckY
BenedettoYDickensYHevesiYMiller B NOReillyNOTagueNO
BichotteYDilanYHunterYMiller MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMiller MLNORichardsonYThieleY
BronsonYEnglebrightNOJohnsNONiouYRosenthal D YWalkerY
BuchwaldYEpsteinYJonesNONolanYRosenthal L YWallaceNO
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr. SpeakerY

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A03675 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Crespo (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the issuance of non-commercial drivers' licenses and lear- ners' permits; and to repeal certain provisions of such law relating to driver's license applications   PURPOSE OR GENERAL IDEA OF BILL: To provide for the licensure of drivers in order to enhance public safe- ty.   SUMMARY OF SPECIFIC PROVISIONS: Section one provides that this act shall be known and may be cited as the "Driver's License Access and Privacy Act. Section two adds five new subdivisions 8, 9, 10, 11, and 12 to § 201 of the Vehicle and Traffic Law (VTL) relating to restrictions on the disclosure of personal information from non-commercial driver's license applications and documents submitted with such applications, on the disclosure of whether or not a driver's license or learner's permit meets or does not meet federal standards for identification, and restrictions on the release of records to agencies primarily enforcing immigration law. Section three amends subdivision 1 of VTL § 502 to expand the types of proofs of identity that could be submitted with an application for a non-commercial driver's license that does not meet federal standards for identification to include a valid, unexpired foreign passport issued by the applicant's country of citizenship (which could also be submitted as proof of age), a valid unexpired consular identification document issued by a consulate from the applicant's country of citizenship, and a valid foreign driver's license that includes the applicant's photo image and which is either unexpired, or is expired for less than 24 months from its date of expiration. Additionally, persons who lack a Social Security number (SSN) could instead submit a signed affidavit that they have not been issued an SSN. Section four repeals subdivision 7 of VTL § 502, and replaces it with a requirement on the Commissioner of Motor Vehicles to provide space on applications for learners' permits, drivers' licenses, and non-driver ID cards so that any person age 18-26 may opt, and separately consent, to register with the Selective Service, and for the Commissioner to forward the necessary personal information only of individuals who affirmatively opted and consented. Section four also adds a new subdivision 8 to such section to establish standards for the appearance of non-commercial drivers' licenses and learners' permits and what cannot be stated on applications therefor, provide that applicants for such licenses cannot be required to prove their lawful presence, prohibit the use of such licenses or permits as evidence of a holder's citizenship or immigration status or as the basis for investigating, arresting or detaining a person, and prohibit the Commissioner or any agent or employee of the Commissioner from inquiring about the citizenship or immigration status of any applicant for such license or permit. Section five amends subdivisions 2 and 3 of VTL § 508 to provide further clarification of the privacy of personal information related to drivers' licenses. Section six adds a provision to the Unconsolidated Law to provide that any system or method established by the Commissioner to determine eligi- bility for non-commercial drivers' licenses or learners' permits that do not meet federal standards for identification cannot be structured in a manner that substantially disadvantages or denies such licenses or permits to applicants lacking SSNs or who use documents issued by foreign governments.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amendments make clarifications with respect to driver's license renewals, the design of drivers' licenses and learners' permits, and the redisclosure of DMV records to immigration agencies.   JUSTIFICATION: The need to secure driving privileges for all residents of New York, including undocumented immigrants, has been a long term effort that has reached the pinnacle of urgency. From farm labor to construction jobs, the tight labor market and lowering unemployment rates have created a lower of supply of workers to many sectors in New York's economy. Not allowing undocumented persons to have licenses issued by DMV has had and is continuing to have a negative impact on the economy. With projections that the 2019 national unemployment rateĽ will drop to around 3.5% in 2019, industries in all sectors will be faced with continued struggle to secure labor. This legislation addresses the long-held need by undocumented immigrants and workers to secure driving privileges not only to get back and forth to work but to conduct tasks in their personal lives like going to doctor visits and taking their children to school. This legislation allows for the issuance of a driver's license, protects the data of those applying for such privilege from unwarranted release and moves New York closer to recognizing the huge and positive economic impact undocumented residents have on the economy.   PRIOR LEGISLATIVE HISTORY: 2018: A.10273   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, 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.
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