What's happening
This bill protects DMV employees from liability for processing non-federally compliant licenses or permits later linked to criminal acts.
Why it matters
Shields DMV employees from personal responsibility. for any criminal acts—such as identity theft, forgery, or terrorism—that later involve non-federally compliant licenses or permits they processed, provided they acted in good faith and without prior knowledge of wrongdoing.
Removes a deterrent for DMV staff. who might otherwise fear legal or financial consequences for simply doing their jobs, especially as state and federal identification standards increasingly diverge.
Clarifies the scope of protection. , explicitly listing covered offenses (identity theft, forgery, terrorism, money laundering, and unlawful possession of identification info), which could reassure employees about the legal boundaries of their work.
Links to broader policy debates. about the issuance of non-federally compliant licenses—such as those available to undocumented immigrants—by ensuring implementation is not hindered by employee liability concerns.
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Who cares
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Protect DMV Workers from Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to transportation
- Referred to rules
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6907
2019-2020 Regular Sessions
IN SENATE
December 16, 2019
Introduced by Sen. JORDAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to the indemnification of department of motor vehicle employees for processing noncommercial drivers' licenses and learners' permits which do not meet federal standards for identification
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 8 of section 502 of the vehicle and traffic law is amended by adding a new paragraph (f) to read as follows:
(f) The commissioner and any agent or employee of the commissioner or county clerk who, in good faith and without prior knowledge of any criminal act associated with an application for a non-commercial driver's license or learner's permit which does not meet federal standards for identification, processes such an application shall immediately and thereafter be relieved and held harmless for any and all claims, damages, or liabilities including civil and criminal fines, arising from any criminal act involving such non-commercial driver's license or learner's permit, including but not be limited to:
1. identity theft offenses as defined in sections 190.78, 190.79 and 190.80 of the penal law;
2. unlawful possession of personal identification information in the first degree as defined in section 190.83 of the penal law;
3. terrorism offenses as defined in article four hundred ninety of the penal law;
4. forgery offenses as defined in sections 170.05, 170.10, and 170.15 of the penal law; or
5. money laundering offenses as defined in article four hundred seventy of the penal law.
§ 2. This act shall take effect on the same date and in the same manner as chapter 37 of the laws of 2019, takes effect and shall apply to any actions filed on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14465-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the indemni- fication of department of motor vehicle employees for processing non- commercial drivers' licenses and learners' permits which do not meet federal standards for identification
Summary of provisions
Section 1 amends Section 502 of the Vehicle and Traffic Law by providing that the commissioner of motor vehicles, county clerks, and the employ- ees thereof shall be held harmless for any and all claims, liabilities, damages, or fines arising from any criminal act involving non-federal standard drivers licenses created by Chapter 37 of the Laws of 2019. This includes, but is not limited to, identify theft, forgery, money laundering, and terrorism.
Section 2 sets forth the effective date.
Justification
Chapter 37 of the Laws of 2019, which provided for the creation of a system of drivers licenses for undocumented immigrants, has created many new challenges for DMV employees and county clerks. Central among these issues is the fundamental undermining of the reliability of identifica- tion, as the State can no longer guarantee an individual is who their identification says they are. The law allows for foreign forms of iden- tification to be used as proof of identity, and foreign forms of iden- tification can be easily forged. The United States, as of 2017, recog- nizes 193 foreign countries, and to date, the State has not and will not provide the resources necessary for DMV staff to determine the authen- ticity of foreign documents. County clerks were given as little as a 40-minute webinar, and federal officials have indicated that authentica- tion machines provided to DMV offices are inadequate. Consequently, these licenses can and will be used in the commission of crimes.
Rising from the failure of Chapter 37 to account for identification fraud issues based on inauthentic foreign documents, several dangers have arisen for hard-working public servants at the DMV. The possibility of being named in a criminal or civil lawsuit for the wrongdoing of an individual who obtained a non-federally compliant driver's license using foreign forms of identification is now a very real threat for county clerks, DMV employees, or even the Commissioner of Motor Vehicles. This bill ensures that employees of the Department of Motor Vehicles, the Commissioner, and county clerks acting in good faith are indemnified and held harmless in suits rising from criminal acts relating to the use of non-federally compliant drivers licenses.
Legislative history
New bill.
Fiscal implications
None to the state.
Effective date
In the same date and same manner as Chapter 37 of the Laws of 2019 and shall apply to all actions filed on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.