senate Bill S2590

Amended

Relates to the requirements of proof for certain licenses; repealer

download pdf

Sponsor

Bill Status


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

actions

  • 22 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 13 / Feb / 2013
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 13 / Feb / 2013
    • PRINT NUMBER 2590A
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 28 / Jan / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 28 / Jan / 2014
    • PRINT NUMBER 2590B

Summary

Relates to the requirements of proof for certain licenses.

do you support this bill?

Bill Details

Versions:
S2590
S2590A
S2590B
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§490 & 502, rpld §502 sub 1, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4408
2009-2010: S3669

Sponsor Memo

BILL NUMBER:S2590

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 in relation thereto

PURPOSE OR GENERAL IDEA OF BILL: Require the commissioner of the
Department of Motor Vehicles (DMV) to obtain certain proof from any
applicant for a driver's license or nondriver identification card who
cannot provide a social security number that they are ineligible for
such social security number.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subparagraph (i) of paragraph (a) of
subdivision 3 of § 490 of the Vehicle and Traffic Law to require the
commissioner to obtain proof from any applicant for a nondriver iden-
tification card who cannot provide a social security number that they
are ineligible for such social security number. This proof shall be any
documents issued by the United States Department of Homeland Security,
which specify that the applicant is legally not eligible for a social
security number.

Section two of the bill amends subparagraph (i) of paragraph (a) of
subdivision 3 of § 490 of the Vehicle and Traffic Law to require the
commissioner to obtain proof from any applicant for a driver's license
who cannot provide a social security number that they are ineligible for
such social security number. This proof shall be documents issued by the
United States Department of Homeland Security, which specify that the
applicant is legally not eligible for a social security number.

Section three of the bill amends subdivision 1 of § 502 of the Vehicle
and Traffic Law to require the commissioner to obtain proof from any
applicant for renewal of a driver's license who cannot provide a social
security number that they are legally ineligible for such social securi-
ty number, This proof shall be documents issued by the United States
Department of Homeland Security, which specify that the applicant is
legally not eligible for a social security number.

Section four of the bill repeals subdivision 1 of § 502 of the Vehicle
and Traffic Law and creates a new subdivision 1 to outline the applica-
tion for a license as proscribed by the commissioner.

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 formal-
ly 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 2006, 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 regu-
lations 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 docu-
ments 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.

The Executive and new Commissioner have rescinded this policy in
violation of the State Administrative Procedure Act, the Vehicle and
Traffic Law and common sense. Utilizing an Automobile Association of
America (AAA) study completed in 2003, based on 10 year old data, the
Executive claims that New York roads will be safer and New York car
insurance premiums will go down. These claims do not hold up under scru-
tiny, and in fact, the AAA study contained no data from New York.

As was consistently revealed in Senate hearings, the driver's license is
a "gateway credential", a "breeder document". A document which opens the
door to other legitimate documents which will enable illegal aliens to
imbed themselves in New York. Access to legal identification credentials
allow illegal aliens and those who would do our nation and state harm to
hide in plain sight.

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 conse-
quences.

LEGISLATIVE HISTORY: 2011-12: S.4408 Transportation Cmte. 2009-10:
S.3669 Transportation Cmte. 2008: S.6502 Transportation Cmte./A.9636
Transportation Cmte.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately; provided howev-
er that section two of this act shall take effect on the same date and
in the same manner as section 1 of chapter 487 of the laws of 2012 takes
effect; provided further that section four of this act shall take effect
October 3, 2013; and provided further that section five of this act
shall take effect on October 3, 2016.

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

                                  2590

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- 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 requirements
  of proof for certain licenses; and to  repeal  certain  provisions  of
  such law in relation 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 235 of
the laws of 2002, 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.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07262-01-3

S. 2590                             2

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.
  S  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by section 1 of part D of chapter 58 of the  laws  of  2012,  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  [and],  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  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. In addition, an appli-
cant 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 trans-
portation 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 certification" 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.  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 IDEN-
TITY, AGE, AND FITNESS AS MAY BE REQUIRED  BY  THE  COMMISSIONER.    THE
COMMISSIONER  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.

S. 2590                             3

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. IN
ADDITION, THE COMMISSIONER  ALSO  SHALL  REQUIRE  THAT  SPACE  SHALL  BE
PROVIDED ON THE APPLICATION 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 INTERSTATE  COMMERCE SHALL
CERTIFY THAT SUCH APPLICANT MEETS THE REQUIREMENTS TO OPERATE A  COMMER-
CIAL  MOTOR  VEHICLE,  AS SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND
TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AND ALL REGULATIONS PROMUL-
GATED BY THE UNITED STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARD-
OUS 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 REGU-
LATIONS 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  CERTIFICATION"  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  DETER-
MINATION  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  5.  Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section four of this act, 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  iden-
tity,  age,  and  fitness  as  may be required by the commissioner.  The
commissioner 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

S. 2590                             4

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].
In  addition,  the  commissioner  also shall require that space shall be
provided on the application 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 interstate    commerce  shall
certify  that such applicant meets the requirements to operate a commer-
cial motor vehicle, as set forth in public law 99-570,  title  XII,  and
title 49 of the code of federal regulations, and all regulations promul-
gated by the United States secretary of transportation under the hazard-
ous  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  regu-
lations  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 certification" 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 deter-
mination 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 6. This act shall take effect  immediately;  provided  however  that
section  two  of  this act shall take effect on the same date and in the
same manner as section 1 of chapter  487  of  the  laws  of  2012  takes
effect; provided further that section four of this act shall take effect
October  3,  2013;  and  provided  further that section five of this act
shall take effect October 3, 2016.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.