S T A T E   O F   N E W   Y O R K
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                                  4429

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. ESPAILLAT -- Multi-Sponsored by -- M. of A. DIAZ,
  FARRELL,  GANTT,  GOTTFRIED,  TOWNS  --  read once and referred to the
  Committee on Transportation

AN ACT to authorize the commissioner of the department of motor vehicles
  to implement rules and regulations requiring the acceptance of certain
  proof for the issuance of a driver's license; and  providing  for  the
  repeal of such provisions upon expiration thereof

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

  Section 1. 1. The commissioner of motor  vehicles  is  authorized  and
directed  to  implement  or  amend,  rules and regulations requiring the
department of motor vehicles to accept certain information as proof  for
the  purposes  of clarifying discrepancies with social security numbers.
Such rules and regulations shall include, but not be limited to:
  (a) requiring the department of motor vehicles  to  accept,  as  proof
that such licensee is ineligible for a social security number:
  (i) a letter or form from the social security administration,
  (ii) an individual taxpayer identification (ITIN), or
  (iii) a sworn statement from the licensee; and
  (b)  in addition to the requirements of paragraph (a) of this subdivi-
sion, requiring the department of motor vehicles to accept as proof  and
as  a substitute for a social security card currently accepted documents
establishing identity which shall include one of the following:
  (i) a foreign passport (no visa required),
  (ii) a consular identification document,
  (iii) official immigration  documents  issued  by  the  United  States
Customs and Immigration Service, or
  (iv) an individual taxpayer identification number (ITIN).
  2.  The  department  of  motor vehicles shall notify all licensees who
received letters from the department of motor vehicles from January 2004
to December 2004 with regards to the expiration  or  blocking  of  their

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07776-01-9
              

A. 4429                             2

license due to discrepancies with such licensees' social security number
that  such licensee may remove such expiration or block, without suspen-
sion, by submitting the  proof  pursuant  to  subdivision  one  of  this
section.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall apply to all licensees who received a letter
from the department of motor vehicles during the period of January  2004
to  December 2004 regarding the expiration or blocking of their license;
provided that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and  completed  on or before such effective date; provided further, that
this act shall expire 5 years after such effective date when  upon  such
date the provisions of this act shall be deemed repealed.