senate Bill S2903

Amended

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

  • 24 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 21 / Jan / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 21 / Jan / 2014
    • PRINT NUMBER 2903A

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:
A1964
Versions:
S2903
S2903A
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง502, rpld sub 1, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A996, S4334, A996
2009-2010: A4236, A4236
2007-2008: A4249, A4249

Sponsor Memo

BILL NUMBER:S2903

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

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-di-
git number.

PRIOR LEGISLATIVE HISTORY: 2002 - A.9603 Referred to transportation
2004 - A.5690 Referred to transportation 2005 - A.611 Referred to trans-
portation 2007-08 - A.4249 Referred to transportation 2009-10 - A.4236
Referred to transportation 2011-12 - S.4334 - Referred to transporta-
tion; A.996 - Held in 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
________________________________________________________________________

                                  2903

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

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 and to repeal certain
  provisions of the vehicle and traffic law relating thereto

  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 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 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. In addition, an appli-
cant for a commercial driver's license shall submit  a  medical  certif-
icate  at such intervals as required by the federal motor carrier safety

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05494-01-3

S. 2903                             2

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  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
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  ALSO  SHALL REQUIRE THAT THE APPLICANT
PROVIDE HIS OR HER SOCIAL SECURITY NUMBER OR THE  INDIVIDUAL  TAX  IDEN-
TIFICATION  NUMBER  WHERE  SUCH APPLICANT IS A LEGAL IMMIGRANT AND SHALL
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

S. 2903                             3

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  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:
  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
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 also  shall  require  that  the  applicant
provide  his  or  her social security number or the individual tax iden-
tification number where such applicant is a legal  immigrant  and  shall
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

S. 2903                             4

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 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 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided, however, that section two of this act shall
take  effect on October 3, 2013; and provided further that section three
of this act shall take effect on October 3, 2016.

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