Relates to the issuance of driver's licenses; repealer

4 Co-sponsors

• Ruth Hassell-Thompson
• Gustavo Rivera
• John L. Sampson
• Malcolm A. Smith

BILL NUMBER:S5444A

Title of bill

An act to amend the vehicle and traffic law, in relation to issuance of driver's licenses; and to repeal certain provisions of such law relating thereto

Purpose

Allows the use of alternate forms of identification where an applicant for a driver's license does not have a social security number or Individual Tax Identification Number (ITIN).

Summary of provisions

Section 1: If an applicant does not have a social security number or ITIN, identification for a driver's license can include an individual tax identification number, or the submission of a sworn statement, made under the penalty of perjury, stating that the applicant does not have a social security number or an individual tax identification number, along with another acceptable identifier.

Section 2: For purposes of this section an acceptable identifier shall include, but not be limited to, a foreign passport, or a receipt from the United States immigration and Naturalization Service (INS) stating that an application or petition has been submitted, an approval notice from the INS stating that an application or petition has been received, or an application for extension of form 1-94 to extend an applicant's legal presence. The commissioner shall consider the following acceptable forms of application or petitions: 1-130, 1-40, 1-360, 1-485, 1-526, 1-590, 1-698, 1-817 and 1-891 or any other federal documentation used to obtain lawful immigration status.

Section 3: Application for license.

Section 4: Section (a) a license issued pursuant to subdivision five of this section shall be valid until the expiration date contained thereon, unless such license is suspended, revoked or canceled is amended proofs of prior licensing, fitness and acceptable vision prescribed by the commissioner, or any of the forms of identification acceptable to the commissioner Pursuant to subdivision one of this section.

Section 5: This act shall take effect on the 120th day after it shall have become law; with provisions.

Justification

To obtain a driver's license in New York, a person must have either a Social Security number (SSN) or present a letter from the Social Security Administration along with official immigration documentation showing that the person is not eligible for a SSM. As a result of this inflexible requirement, a large number of legal immigrants are denied a driver's license. While some of these immigrants choose to use public transportation, others choose to use false documents to obtain a license or feel forced to drive illegally in order to go to work, etc.

Legislative history

2005-06: S1349-A - Referred to Transportation.

Fiscal implications

None.

Effective date

This act shall take effect on the 120th day after it shall have become a law; 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.