Relates to the requirements of proof for certain licenses.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requirements of proof for certain licenses; and to repeal certain provisions of such law relating thereto
PURPOSE: To require the commissioner of the Department of Motor Vehicles (DMV) to obtain certain proof from any applicant for a driver's license or non-driver identification card who cannot provide a social security number that they are ineligible for such social security number.
SUMMARY OF PROVISIONS:
Section 1 amends subparagraph (i) of paragraph (a) of subdivision 3 of section 490 of the vehicle and traffic law, as amended by chapter 487 of the laws of 2012, by requiring the commissioner to require proof that the applicant is not eligible for a social security number through documents submitted by an applicant to the US Department of Homeland Security.
Section 2 repeals subdivision 1 of section 502 of the vehicle and traffic law, as separately amended by chapters 465 and 487 of the laws of 2012; and adds a new subdivision 1 that outlines the application for a license
Section 3 amends subdivision 1 of section 502 of the vehicle and traffic law.
Section 4 amends paragraph (a) of subdivision 6 of section 502 of the vehicle and traffic law, as amended by section 3 of part K of chapter 59 of the laws of 2009 by requiring the commissioner an applicant to provide proof that an applicant for a license is not eligible for a social security number through documents submitted by an applicant to the US Department of Homeland Security.
Section 5 outlines an immediate effective date; provided that section 3 takes effect on October 3, 2016.
JUSTIFICATION: The New York State Department of Motor Vehicles has long required driver's license applicants who don't have Social Security numbers to submit a Social Security Administration (SSA) letter stating the person wasn't eligible to work in the US and so wasn't issued a Social Security number, but was present in the country legally. On September 6, 2001, the Commissioner further clarified the Department's requirements making immigrants provide more proof. In addition to the SSA letter, applicants who do not have a SSN would be required to submit the DHS documents used to obtain the SSA letter. The Department then pursued the formal State Administrative Procedure Act process to formally adopt this procedure as Department regulation.
The new rule instituted five days before terrorists attacked the World Trade Center requires driver's license applicant to provide federal immigration documents to prove they are in the country legally. Some of the September 11 hijackers had obtained driver's licenses. Seven of the terrorists exploited loopholes in other states that allowed people to obtain driver's licenses and 10 cards by submitting sworn statements instead of proof of residency or identity.
A lawsuit was filed in 2004, after the state started cracking down. Advocates for illegal aliens claimed the crackdown was expected to result in the loss of driver's licenses for 300,000 illegal aliens.
In 2005, a state supreme Court justice in Manhattan ordered the state to stop seizing the driver's licenses of immigrants without Social Security cards, arguing in part that the DMV couldn't enforce immigration law. But in July 2005, the appellate division overturned that ruling and allowed the state to require that immigrants prove they are in the United States legally to get a driver's license. The DMV defended the rules, saying they were put in place to combat fraud and terrorism.
The Court of Appeals ruled June 7, 2007, by a vote of 5-2 that DMV regulations are constitutional. The Court further upheld regulations that provide that the only exception to this rule is if the applicant is ineligible to obtain such a number as determined by immigration documents issued by the Department of Homeland Security (DHS). The case is CUBAS V. MARTINEZ, (2007 NY Slip Op 04723).
The decision is to be welcomed. Preventing the issuance of drivers' licenses to individuals who cannot establish their identity and legal presence deters not only fraudulent use but also the employ of such documentation as needed Proof to obtain other "legal" credentials or to ease travel, purchase goods and/or perform other acts with illegal or terrorist inspired intentions.
Since the processing and verification of foreign documents will now be integral to the drivers license application procedure, New York will be forced to acquire millions of dollars of new equipment and hire and train hundreds of new Motor Vehicle employees. This equipment has not been thoroughly tested nor certified.
This legislation is necessary to prevent New York from voluntarily disarming itself in the battle to protect its citizens from those who would come to our shores with the intention of doing us harm. The rationale for this policy change does not withstand close examination and any Potential benefits are far outweighed by the likely consequences.
LEGISLATIVE HISTORY: 2008 - Transportation Committee 2009-2010 - Transportation Committee 2011-2012 - Transportation Committee 2013 - Transportation Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately; provided however the Section 3 shall take effect October 3, 2016.
STATE OF NEW YORK ________________________________________________________________________ 2590--B 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- recommitted to the Committee on Transpor- tation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to requirements of proof for certain licenses; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490 of the vehicle and traffic law, as amended by chapter 487 of the laws of 2012, is amended to read as follows: (i) The commissioner shall upon submission of an appropriate applica- tion, upon payment of the prescribed fee, and upon being satisfied that the person described is the applicant and that such applicant meets the requirements set forth in subdivision two of this section, issue to such applicant a nontransferable identification card. In addition, the commissioner also shall require that an applicant for an identification card or renewal thereof provide his or her social security number, OR PROVIDE PROOF THAT HE OR SHE IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER. SUCH PROOF MAY INCLUDE ANY DOCUMENTS SUBMITTED BY AN APPLICANT TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT IS ELIGIBLE TO RECEIVE A SOCIAL SECU- RITY NUMBER. The commissioner shall provide space so that an applicant may request a notation upon such identification card that he or she is a veteran of the United States armed forces.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07262-03-4 S. 2590--B 2
S 2. Subdivision 1 of section 502 of the vehicle and traffic law, as separately amended by chapters 465 and 487 of the laws of 2012, is REPEALED and a new subdivision 1 is added to read as follows: 1. APPLICATION FOR LICENSE. APPLICATION FOR A DRIVER'S LICENSE SHALL BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE SUBMITTED WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI- TY, AGE, AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER. THE COMMIS- SIONER MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL INCLUDE THE TAKING OF A PHOTO IMAGE OR IMAGES OF THE APPLICANT IN ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN ADDITION, THE COMMISSIONER SHALL REQUIRE THAT THE APPLICANT PROVIDE HIS OR HER SOCIAL SECURITY NUMBER, OR PROVIDE PROOF THAT HE OR SHE IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER. SUCH PROOF MAY INCLUDE ANY DOCUMENTS SUBMITTED BY AN APPLICANT TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT IS ELIGIBLE TO RECEIVE A SOCIAL SECURITY NUMBER. THE COMMISSIONER SHALL ALSO PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE: "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES- TION'." THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS- TERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. THE APPLICATION SHALL ALSO PROVIDE SPACE SO THAT THE APPLICANT MAY REQUEST A NOTATION UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES ARMED FORCES. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR VEHICLE IN INTER- STATE COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS THE REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AND ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY OF TRANSPOR- TATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION AND SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA OF THIS TITLE, THE TERMS "MEDICAL CERTIFICATE" AND "MEDICAL CERTIF- ICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET FORTH IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICATION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE. S 3. Subdivision 1 of section 502 of the vehicle and traffic law, as added by section two of this act, is amended to read as follows:S. 2590--B 3
1. Application for license. Application for a driver's license shall be made to the commissioner. The fee prescribed by law may be submitted with such application. The applicant shall furnish such proof of identi- ty, age, and fitness as may be required by the commissioner. The commis- sioner may also provide that the application procedure shall include the taking of a photo image or images of the applicant in accordance with rules and regulations prescribed by the commissioner. In addition, the commissioner shall require that the applicant provide his or her social security number, or provide proof that he or she is not eligible for a social security number. Such proof may include any documents submitted by an applicant to the United States department of homeland security for the purpose of determining whether such applicant is eligible to receive a social security number. The commissioner shall also provide space on the application so that the applicant may register in the New York state organ and tissue donor registry under section forty-three hundred ten of the public health law
[with the following stated on the application in clear and conspicuous type: "You must fill out the following section: Would you like to be added to the Donate Life Registry? Check box for 'yes' or 'skip this ques- tion'." The commissioner of the department of health shall not maintain records of any person who checks "skip this question". Failure to check a box shall not impair the validity of an application, and failure to check "yes" or checking "skip this question" shall not be construed to imply a wish not to donate. In the case of an applicant under eighteen years of age, checking "yes" shall not constitute consent to make an anatomical gift or registration in the donate life registry. Where an applicant has previously consented to make an anatomical gift or regis- tered in the donate life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration]. The application shall also provide space so that the applicant may request a notation upon such license that he or she is a veteran of the United States armed forces. In addition, an applicant for a commercial driver's license who will operate a commercial motor vehicle in inter- state commerce shall certify that such applicant meets the requirements to operate a commercial motor vehicle, as set forth in public law 99-570, title XII, and title 49 of the code of federal regulations, and all regulations promulgated by the United States secretary of transpor- tation under the hazardous materials transportation act. In addition, an applicant for a commercial driver's license shall submit a medical certificate at such intervals as required by the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of federal regulations relating to medical certification and in a manner prescribed by the commissioner. For purposes of this section and sections five hundred three, five hundred ten-a, and five hundred ten-aa of this title, the terms "medical certificate" and "medical certif- ication" shall mean a form substantially in compliance with the form set forth in Part 391.43(h) of title 49 of the code of federal regulations. Upon a determination that the holder of a commercial driver's license has made any false statement, with respect to the application for such license, the commissioner shall revoke such license. S 4. Paragraph (a) of subdivision 6 of section 502 of the vehicle and traffic law, as amended by section 3 of part K of chapter 59 of the laws of 2009, is amended to read as follows: (a) A license issued pursuant to subdivision five of this section shall be valid until the expiration date contained thereon, unless suchS. 2590--B 4
license is suspended, revoked or cancelled. Such license may be renewed by submission of an application for renewal, the fee prescribed by law, proofs of prior licensing, fitness and acceptable vision prescribed by the commissioner, AND the applicant's social security number
[, and if required by the commissioner]OR PROVIDE PROOF THAT HE OR SHE IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER. SUCH PROOF MAY INCLUDE ANY DOCU- MENTS SUBMITTED BY AN APPLICANT TO THE UNITED STATES DEPARTMENT OF HOME- LAND SECURITY FOR THE PURPOSE OF DETERMINING WHETHER SUCH APPLICANT IS ELIGIBLE TO RECEIVE A SOCIAL SECURITY NUMBER. THE COMMISSIONER MAY ALSO REQUIRE SUBMISSION OF a photo image of the applicant in such numbers and form as the commissioner shall prescribe. In addition, an applicant for renewal of a license containing a hazardous material endorsement shall pass an examination to retain such endorsement. The commissioner shall, with respect to the renewal of a hazardous materials endorsement, comply with the requirements imposed upon states by sections 383.141 and 1572.13 of title 49 of the code of federal regulations. A renewal of such license shall be issued by the commissioner upon approval of such application, except that no such license shall be issued if its issuance would be inconsistent with the provisions of section five hundred sixteen of this title, and except that the commissioner may refuse to renew such license if the applicant is the holder of a currently valid or renewable license to drive issued by another state or foreign country unless the applicant surrenders such license. S 5. This act shall take effect immediately; provided however that section three of this act shall take effect October 3, 2016.