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

Section 2. Legislative Intent

Section 3. Adds a new section to the Vehicle and Traffic Law requiring DMV to issue drivers licenses which are compliant with the federal Real ID Act. Any individual who wishes to have their current driver's license upgraded to a Real ID compliant version, would be entitled to do so at no additional cost. DMV would be required to submit fiscal reports concerning any additional costs incurred as a result of this measure, so that the state may explore reimbursement opportunities.

Section 4. This section requires the Commissioner of DMV to file an annual report with the legislature regarding any and all other federal laws or regulations, which the department has failed to comply with.

Section 5 is the effective date.

Justification

The federal Real ID Act, which was passed by Congress and signed into law in 2005, is a coordinated effort by the states and federal government, intended to improve reliability and accuracy of state-issued identification documents, which serve to inhibit a terrorist's ability to evade detection by using fraudulent identification. The standards established by the federal Real ID Act resulted from a Congressional study investigating the various factors which led to the horrific tragedy that occurred on September 11, 2001. In addition to developing tamper proof technologies within the identification card itself, states were directed to initiate a process whereby the documentation submitted by an individual applying for a state issued driver's license could be verified as authentic. The purpose of the verification requirement is to ensure that terrorists are not issued identification cards based on the proffering of forged or otherwise fake documentation.

Until October 2015, New York State was one of only four states that were deemed non-compliant with this federal homeland security law. After ten years of non-compliance, and only after public outcry over the impending enforcement deadlines, DMV finally submitted a compliance waiver to the federal Department of Homeland Security. While the waiver was approved, DMV was only given one year to bring our state in to compliance. In addition to the security threat that further delay in compliance presents, failure to take swift action by the October 2016 deadline could again result in New Yorkers being denied admittance to federal facilities and military bases, and could even inhibit our ability to board an aircraft if Real ID becomes fully enforced.

It is important to note that our DMV is, and has always been, empowered via current statutory authority, to fully implement this federal law. Unfortunately, until applying for the recent waiver, they consciously chose not to comply, disregarding homeland security concerns and leaving New Yorkers wondering if our IDs would be accepted by the federal government. DMV should not be making unilateral decisions regarding which federal laws it chooses to follow, and which federal laws it chooses not to follow. Especially when their unilateral decision impacts our security as a state and the ability of our citizens to travel or enter federally regulated facilities.

Legislative history

New bill

Fiscal impact on the state

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law. Effective immediately, the department of motor vehicles shall begin promulgating rules and regulations to effectuate the provisions of this act.