What's happening
This bill requires proof of authorized presence in the United States to obtain a New York driver's license or ID card.
Why it matters
Mandates strict proof of legal U.S. presence. The bill requires all applicants for a New York driver's license or non-driver ID to provide documented proof that their presence in the U.S. is authorized under federal law, potentially excluding undocumented immigrants from obtaining these credentials.
Triggers notification to federal immigration authorities. If the Department of Motor Vehicles suspects an applicant is not legally present, it must notify U.S. Immigration and Customs Enforcement (ICE), raising concerns about privacy and possible consequences for individuals and their families.
Establishes penalties for fraudulent assistance. Anyone who knowingly helps another person—whose presence is unauthorized—obtain a license or ID would face misdemeanor charges, which could deter both applicants and third parties from attempting to circumvent the law.
Directs the DMV to create detailed procedures. The Department must develop regulations for verifying immigration status, handling temporary licenses, appeals, and the notification process, shaping how strictly and efficiently the law is enforced and impacting access to driving privileges for many New Yorkers.
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Who cares
Headline styles
Require Legal Status for Licenses
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
1 Multi-sponsor
History
- Held for consideration in transportation
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2259
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. CROUCH, GIGLIO, McDONOUGH, MONTESANO -- Multi- Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to proof of authorized presence in the United States for a driver's license or non-driver identification card
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 502-b to read as follows:
§ 502-b. Proof of authorized presence in the United States. 1. Notwithstanding any other provision of law, the commissioner shall require every applicant for a driver's license or non-driver identification card to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law.
2. The department shall not issue a driver's license or non-driver identification card to any person who does not submit satisfactory proof that the applicant's presence in the United States is authorized under federal law.
3. If the department determines or reasonably suspects, based upon the information provided to it, that the applicant's presence in the United States is not authorized under federal law, the department shall notify the United States bureau of immigration and customs enforcement of such person's suspected illegal status.
4. The department shall adopt regulations to carry out the purposes of this section, including procedures for, but not limited to, (a) verifying that the applicant's presence in the United States is authorized under federal law, (b) issuance of temporary licenses pending verification of status, (c) appeals hearings from denials of licenses or temporary licenses, and (d) notification pursuant to subdivision three of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04483-01-7
A. 2259 2
5. The inability to obtain a driver's license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility.
6. Any person who knowingly obtains or assists a person in obtaining a driver's license or identification card for himself or herself or for any person whose presence in the United States is not authorized under federal law shall be guilty of a misdemeanor.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.