What's happening
This bill prohibits cities from destroying municipal ID application information and requires sharing it with state homeland security and the office for new Americans.
Why it matters
Centralizes sensitive applicant data. By requiring cities to retain and share all municipal ID application information with state entities, the bill creates a centralized record, making it easier for state agencies to access personal data of municipal ID holders.
Impacts privacy for undocumented residents. Many municipal IDs are sought by undocumented immigrants or other vulnerable populations; this law could deter applications due to fears that personal data will be more widely shared and accessible by law enforcement or immigration authorities.
Imposes penalties for non-compliance. Cities that destroy municipal ID records face significant civil penalties, with collected fines directed to the Office for New Americans, potentially affecting city budgets and administrative practices.
Retrospective data sharing. The bill is not just forward-looking—cities must also hand over all existing municipal ID application data still in their possession, broadening the scope and impact on past applicants.
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Who cares
Headline styles
Cities Must Share ID Data
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
1 Co-sponsor
History
- Referred to cities
- Recommitted to rules
- Ordered to third reading cal.2024
- Committee discharged and committed to rules
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Share City ID Data
In Assembly Committee · Cities · Sponsor Kevin M. Byrne
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3848
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the general city law, in relation to prohibiting the destruction of information submitted by applicants for municipal forms of identification, and requiring such information to be submitted to the division of homeland security and emergency services and the office for new Americans
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general city law is amended by adding a new section 18-e to read as follows:
§ 18-e. Forms of identification records. 1. Notwithstanding any local law, code, ordinance, rule or regulation to the contrary, no city that issues any form of identification to persons, who are not employees of such city, other than identification used solely as proof of residency in such city, shall destroy or cause to be destroyed any application, or the information contained therein, for such form of identification. Any city that violates the provisions of this subdivision shall be subject to a civil penalty, payable to the office for new Americans, of one thousand dollars for each application or portion thereof that was destroyed. The proceeds of all penalties collected pursuant to this subdivision shall be allocated and disbursed to the office for new Americans to carry out its purpose pursuant to section ninety-four-b of the executive law.
2. Within ten days of receipt of an application for a form of identification issued by a city, such city shall forward copies of such application to the division of homeland security and emergency services and the office for new Americans.
§ 2. Every city which issued any form of identification, to which section 18-e of the general city law, as added by section one of this act applies, prior to the effective date of this act, shall, within 10
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07507-04-7
S. 3848 2
days of such effective date, transmit any and all information contained in the applications for such identification, which remains in the possession of such city, to the division of homeland security and emergency services and the office for new Americans.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general city law, in relation to prohibiting the destruction of information submitted by applicants for municipal forms of identification, and requiring such information to be submitted to the division of homeland security and emergency services and the office for new Americans
Purpose
This bill requires cities which issue forms of identification to maintain the application information relating thereto, and submit it to the Division of Homeland Security and Emergency Services and the Office for New Americans.
Summary of provisions
Section one amends the general city law by adding a new section 18-e regarding forms of identification records. Subdivision one states that no city that issues any form of identification to persons, who are not employees of such city, other than identification used solely as proof of residency in such city, shall destroy or cause to be destroyed any application, or the information contained therein, for such form of identification. Any city that violates the provisions of this subdivision will be subject to a civil penalty of $1000 for each application or portion thereof that was destroyed. The proceeds of all penalties collected pursuant to this subdivision shall be allocated and disbursed to the Office of New Americans to carry out its purpose pursuant to § 94b of the executive law. Subdivision two states that within ten days of receipt of an application for a form of identification issued by a city, such city shall forward copies of such application to the Division of Homeland Security and Emergency Services and the Office for New Americans.
Read the full memo (673 words)
Section two states that every city which issued any form of identification, to which section 18-e of the general city law, as added by section one of this act applies, prior to the effective date of this act, shall, within ten days of such effective date, transmit any and all information contained in the applications for such identification, which remains in the possession of such city, to the Division of Homeland Security and Emergency Services and the Office for New Americans.
Section three establishes the effective date.
Justification
In January 2015, New York City implemented the issuance of IDNYC, a government issued identification card, obtainable by all New York City residents, despite immigration status. In fact, the application for such card does not require disclosure of an individual's immigration status. IDNYC cards allow individuals the ability to establish bank accounts and access other city provided services. However, the program's enacting language includes provisions to allow the City to destroy these records in an effort to evade the enforcement of federal immigration laws.
Destruction of these files would substantially jeopardize the health and safety of all New York residents. Failure to maintain records could impede law enforcements' ability to conduct criminal investigations, and conduct effective counter terrorism measures. For example, without the identifying information of these individuals, law enforcement would be unable to investigate money-laundering
enterprises, which seek to fund potential terrorist attacks and other illicit activities.
This bill would prevent the City from destroying the IDNYC applications, and all information contained therein, as well as require that all the information be sent to the Office for New Americans and Division of Homeland Security for their records. Providing the Office for New Americans with this information will connect individuals with an additional resource at the state level to seek assistance and obtain services. Additionally, the funds collected from the fine imposed will be allocated to the Office of New Americans in order to provide the Office with additional resources to enhance current programs, and provide necessary assistance to those in need. The Division of Homeland Security will maintain a copy of the records in the event of a criminal investigation. The State's interest in protecting the safety of all New York State residents is far greater than that of any city attempt to evade federal immigration laws.
Legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.