senate Bill S4334

Allows the use of the individual tax identification number when a legal immigrant applies for a driver's license or a renewal of a driver's license

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 29 / Mar / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Allows the use of the individual tax identification number when a legal immigrant applies for a driver's license or a renewal of a driver's license.

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Bill Details

See Assembly Version of this Bill:
A996
Versions:
S4334
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง502, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A4236, A4236
2007-2008: A4249, A4249

Sponsor Memo

BILL NUMBER:S4334

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to certain
requirements for obtaining a driver's license

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to allow
legal immigrants to use their Individual Tax Identification Number
(ITIN) in place of a Social Security Number when applying for a New
York State driver's license.

SUMMARY OF SPECIFIC 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, are amended to allow the
use of an Individual tax Identification Number in place of a Social
Security Number when applying for a driver's license or a renewal of
a driver's license, when the applicant is a legal immigrant.

JUSTIFICATION:
Under current law anyone wishing to apply for a
driver's license must have either a Social Security Number (SSN) or a
letter from the social Security Administration along with INS
documentation, showing that the applicant is not eligible for a SSN.
These stipulations have denied a growing number of legal immigrants a
driver's license.
These people are then forced to drive illegally to work, school and
the doctor. For some public transportation is not even an option, due
to the hours they commute, the type of job they hold, or the fact
that the area in which they live is poorly served.

By withholding driver's licenses from legal immigrants we are damaging
more than some may realize. As they have no license these immigrants
also have no insurance, adding to insurance losses. In addition, the
restriction of immigrant licenses can result in many arrests for
minor traffic violations. These arrests clog the courts and divert
time from law enforcement officials that could be better spent in the
communities.
Identity fraud is also more prevalent when there are license
restrictions, as the restrictions create a breeding ground for false
documents and false identities.

Numerous states already allow the substitution of an ITIN for a SSN
when applying for a driver's license. An ITIN can only be attained
after certain proof of identity has been demonstrated. It is also
available only to those who cannot receive a SSN, and like the SSN,
it is a 9-digit number.

PRIOR LEGISLATIVE HISTORY:
2002 - A.9603 Referred to Transportation
2004 - A.5690 Referred to Transportation
2005 - A.611 Referred to Transportation
2007/08 - A.4249 Referred to Transportation
2009/10 - A.4236 Referred to Transportation


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4334

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic  law,  in  relation  to  certain
  requirements for obtaining a driver's license

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 502 of  the  vehicle  and  traffic
law,  as  amended by chapter 639 of the laws of 2006, is amended 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 also shall require that the applicant provide  his  or  her
social security number OR THE INDIVIDUAL TAX IDENTIFICATION NUMBER WHERE
SUCH APPLICANT IS A LEGAL IMMIGRANT and 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. In addition, an applicant for a commercial driver's
license who will  operate  a  commercial  motor  vehicle  in  interstate
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 transportation
under the hazardous materials transportation act. 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 commis-
sioner shall revoke such license.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03675-01-1

S. 4334                             2

  S 2. 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  such
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, the applicant's social security number OR THE INDIVID-
UAL TAX IDENTIFICATION NUMBER WHERE SUCH APPLICANT IS A LEGAL IMMIGRANT,
and if required by the commissioner 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  regu-
lations.  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  commis-
sioner  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  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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