What's happening
This bill allows the governor to remove county clerks who refuse to process driver's license applications from undocumented immigrants and requires the DMV to create a mobile unit for such applications.
Why it matters
Strengthens accountability for county clerks. by explicitly defining refusal to process undocumented immigrants’ driver’s license applications as “neglect of duties,” creating clear grounds for removal and reducing local resistance to state law.
Enhances uniform access to driver’s licenses. across New York State, ensuring that eligible undocumented immigrants are not denied licenses due to differing county-level practices or political stances.
Introduces a DMV mobile unit mandate. , requiring a dedicated team to process applications from undocumented immigrants within 60 days, which could improve accessibility in areas where local clerks refuse service, helping applicants avoid travel hardships and delays.
Establishes state supremacy over local clerks in this domain. , signaling that compliance with state law on driver’s license issuance is non-negotiable, potentially deterring clerks from defying future state mandates on controversial issues.
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Who cares
Headline styles
Fire Clerks Who Block Licenses
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5527
2019-2020 Regular Sessions
IN SENATE
May 6, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law and the county law, in relation to authorizing the governor to remove a county clerk from office for failing to process drivers' licenses submitted by undocumented immigrants; and directs the department of motor vehicles to establish a mobile unit to process such applications
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 33 of the public officers law is amended by adding a new subdivision 3 to read as follows:
3. A county clerk may be removed by the governor for failing to process drivers' license applications submitted by undocumented immigrants, which failure shall be deemed neglect of duties by the county clerk, after giving such county clerk a copy of the charges against him or her and an opportunity to be heard in his or her defense. The power of removal provided for in this subdivision shall be deemed to be in addition to the power of removal provided for in any other law. The provisions of this subdivision shall apply notwithstanding any inconsistent provision of any general, special or local law, ordinance or city charter.
§ 2. Section 525 of the county law is amended by adding a new subdivision 3 to read as follows:
3. He or she shall accept applications for drivers' licenses submitted by undocumented immigrants and shall process such applications in the same manner as other applications for driver's licenses are processed. The failure to process applications for driver's licenses submitted by undocumented immigrants shall be deemed neglect of duties by such county clerk and shall subject the county clerk to removal proceedings subject to subdivision three of section thirty-three of the public officers law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10886-01-9
S. 5527 2
§ 3. The department of motor vehicles shall establish a mobile unit to house employees of the department who shall process applications for drivers' licenses submitted by undocumented immigrants. Such mobile unit shall be established and prepared to carry out such duties within sixty days from the date this act shall have become a law.
§ 4. 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 public officers law and the county law, in relation to authorizing the governor to remove a county clerk from office for failing to process drivers' licenses submitted by undoc- umented immigrants; and directs the department of motor vehicles to establish a mobile unit to process such applications
Purpose or general idea of bill
To allow for the removal of county clerks who refuse to obey New York law.
Summary of specific provisions
Section 1 amends Public Officers Law Section 33 by adding a new subdivi- sion 3 to provide for the removal of county clerks who refuse to process applications for drivers' licenses for undocumented immigrants.
Section 2 amends County Law Section 525 by adding a new subdivision 3 deeming a county clerk's failure to process applications for undocu- mented immigrants to obtain drivers' licenses is neglect of duties and subjects such clerk to removal proceedings.
Section 3 provides that the department of motor vehicles must establish a mobile unit to process applications for drivers' licenses after passage of the green light bill.
Section 4 is the effective date.
Justification
With passage of 5.1747, the Driver's License and Privacy Act, undocu- mented licensed drivers need to be protected against discrimination in the state of New York. Recently, a few county clerks have expressed opposition to the legislation, stating that they will not issue standard licenses to a group of individuals who contribute greatly to the economy of our state.
Some county clerks complain that undocumented individuals are able to receive standard driver's licenses easier than a legal resident who applies for an enhanced driver's license or Real ID, and claim that such issuance of standard licenses will undermine enhanced driver's licenses. This is a specious argument since it is well understood that the requirements for each license differ under state law. Undocumented immi- grants eligible for standard licenses would not be eligible for an enhanced or Real-ID driver's license, and standard licenses cannot be used for federal purposes. Recipients of standard licenses would not be able to access federal facilities and could not use such licenses to board commercial aircraft. Standard licenses will simply allow for the legal operation of a motor vehicle.
Undocumented individuals were able to obtain licenses in New York until 2001 when then- Governor Pataki issued an ill-informed executive order taking drivers licenses away from them. The legislature and the governor have now chosen to reinstate driver's licenses for undocumented immi- grants for sound policy reasons. It is not up to county clerks to ques- tion, or change public policy. Indeed, county clerks have sworn to uphold New York State law. The willful failure to do so should be grounds for removal from office. This bill provides that any county clerk who refuses to issue drivers licenses to undocumented individuals will be deemed to be neglecting his or her duties and may be removed from office by the governor. Just like other public officials, country clerks must obey the law and cannot refuse to perform their duties or take law into their own hands.
Prior legislative history
New bill.
Fiscal implications
None
Local fiscal implications
None
Effective date
immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.