Provides for alternate forms of acceptable proof of identity upon the application for a license

Title of bill

An act to amend the vehicle and traffic law, in relation to issuance of driver's licenses; and providing for the repeal of such provisions upon expiration thereof

Purpose

The purpose of this bill is to make New York State driver's licenses available to a wider spectrum of New Yorkers, especially those who are not issued Social Security Numbers.

Summary of provisions

Subdivision 1 and paragraph (a) of subdivision 6 of section 502 of the vehicle and traffic law, as amended by chapter 81 of the laws of 1995 is amended to provide alternatives to Social Security Number (SSN) on driver's license applications In place of a SSN, an applicant may use either an Individual Taxpayer Identification Number (ITIN) or, if the applicant has neither an SSN or ITIN, a sworn statement, made under the penalty of perjury, that the applicant has neither an SSN or ITIN. Additional acceptable identifiers must also be submitted.

Justification

There are numerous residents of New York who are either forced to live without the privilege of driving or are forced to drive illegally, due to the current requirements of a New York State driver's license application. These residents are, in all other respects, valuable and contributing members in their communities. It is an unacceptable bias to deny them the ability to drive legally in the state they call home.

Utah and North Carolina already allow the replacement of an ITIN for a SSN on their license applications, and such measures are being considered in Tennessee, Texas, Colorado and California. Some of these states would also allow an applicant to use a sworn statement if they do not possess either a SSN or ITIN.

This legislation would allow residents of New York to easily accomplish many of the small deeds licensed drivers take for granted. Among these are: transporting oneself to and from work, transporting one's children to school and its related functions, taking ill family members to the doctor or hospital and the ability to seek employment as a driver or chauffeur. For too many these actions can only be taken illegally. This also leads to increased insurance and a decrease in road safety.

Legislative history

2002 - A.9738 - Referred to Transportation 2004 - A.5691 - Referred to Transportation 2006 - No same as - Referred to Transportation

Fiscal implications

Minimal.

Effective date

This act shall take effect on the 180th day after it shall have become a law and shall expire January 1, 2011 when upon such a date the provisions of this act shall be deemed repealed; provided that the Commissioner of Motor vehicles is authorized and directed to promulgate any rules and regulations necessary to implement the provisions of this act on its effective date.