Senate Bill S3937

2009-2010 Legislative Session

Provides for alternate forms of acceptable proof of identity upon the application for a license

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Apr 07, 2009	referred to transportation

2009-S3937 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L

2009-S3937 (ACTIVE) - Summary

Provides for alternate forms of acceptable proof of identity upon the application for a license; allows for foreign passports with or without visa stamps, valid documentation issued by the United States citizenship and immigration services and consular photo identification documents to be acceptable proof of identity; further provides for eligibility for a license not to be conditioned on a particular immigration status.

2009-S3937 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3937

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to issuance
of driver's licenses; and providing for the repeal of such provisions
upon expiration thereof


 PURPOSE :
The purpose of this bill is to make New York State driver's licenses
available to a wider spectrum of New Yorkers, especially those who are
not issued Social Security Numbers.

 SUMMARY OF 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
is amended to provide alternatives to Social Security Number (SSN) on
driver's license applications In place of a SSN, an applicant may use
either an Individual Taxpayer Identification Number (ITIN) or, if the
applicant has neither an SSN or ITIN, a sworn statement, made under
the penalty of perjury, that the applicant has neither an SSN or ITIN.
Additional acceptable identifiers must also be submitted.

 JUSTIFICATION :
There are numerous residents of New York who are either forced to live
without the privilege of driving or are forced to drive illegally, due

to the current requirements of a New York State driver's license
application. These residents are, in all other respects, valuable and
contributing members in their communities. It is an unacceptable bias
to deny them the ability to drive legally in the state they call home.

Utah and North Carolina already allow the replacement of an ITIN for a
SSN on their license applications, and such measures are being
considered in Tennessee, Texas, Colorado and California. Some of these
states would also allow an applicant to use a sworn statement if they
do not possess either a SSN or ITIN.

This legislation would allow residents of New York to easily
accomplish many of the small deeds licensed drivers take for granted.
Among these are: transporting oneself to and from work, transporting
one's children to school and its related functions, taking ill family
members to the doctor or hospital and the ability to seek employment
as a driver or chauffeur. For too many these actions can only be taken
illegally. This also leads to increased insurance and a decrease in
road safety.

 LEGISLATIVE HISTORY :
2002 - A.9738 - Referred to Transportation
2004 - A.5691 - Referred to Transportation
2006 - No same as - Referred to Transportation

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after it shall have become
a law and shall expire January 1, 2011 when upon such a date the
provisions of this act shall be deemed repealed; provided that the
Commissioner of Motor vehicles is authorized and directed to
promulgate any rules and regulations necessary to implement the
provisions of this act on its effective date.

2009-S3937 (ACTIVE) - Bill Text download pdf

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

                                  3937

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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 issuance  of
  driver's  licenses;  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.  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.  ACCEPTABLE
PROOF OF IDENTITY SHALL INCLUDE, BUT NOT BE LIMITED  TO,  FOREIGN  PASS-
PORTS  WITH OR WITHOUT VISA STAMPS, VALID DOCUMENTATION ISSUED BY UNITED
STATES CITIZENSHIP AND IMMIGRATION SERVICES, AND  CONSULAR  PHOTO  IDEN-
TIFICATION  DOCUMENTS.   ELIGIBILITY FOR A DRIVER'S LICENSE SHALL NOT BE
CONDITIONED ON A PARTICULAR IMMIGRATION  STATUS.  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 commission-
er  [also]  shall  require  that the applicant provide his or her social
security number [and] OR, WITH RESPECT TO AN APPLICATION FOR A  NON-COM-
MERCIAL DRIVER'S LICENSE, A LETTER OR FORM FROM THE UNITED STATES SOCIAL
SECURITY ADMINISTRATION STATING THAT THE APPLICANT IS NOT ELIGIBLE FOR A
SOCIAL  SECURITY NUMBER OR A SWORN STATEMENT ON A FORM PRESCRIBED BY THE
COMMISSIONER, UNDER PENALTY OF PERJURY, THAT THE APPLICANT DOES NOT HAVE
AND IS NOT ELIGIBLE FOR A SOCIAL SECURITY NUMBER AND ON WHICH A  WITNESS
HOLDING  A  VALID  DRIVER'S  LICENSE  OR  NON-DRIVER IDENTIFICATION CARD
ISSUED BY THE  COMMISSIONER  OR  HAVING  ACCEPTABLE  PROOF  OF  IDENTITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07801-02-9

S. 3937                             2

ATTESTS,  UNDER  PENALTY  OF PERJURY, TO THE IDENTITY AND ADDRESS OF THE
APPLICANT. 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 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.
  S  2. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by chapter 81 of the laws of 1995, 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, WITH
RESPECT TO AN APPLICATION  FOR  A  NON-COMMERCIAL  DRIVER'S  LICENSE,  A
LETTER  OR  FORM  FROM  THE UNITED STATES SOCIAL SECURITY ADMINISTRATION
STATING THAT THE APPLICANT IS NOT ELIGIBLE FOR A SOCIAL SECURITY  NUMBER
OR  A  SWORN  STATEMENT  ON A FORM PRESCRIBED BY THE COMMISSIONER, UNDER
PENALTY OF PERJURY, STATING THAT THE APPLICANT DOES NOT HAVE AND IS  NOT
ELIGIBLE  FOR  A SOCIAL SECURITY NUMBER AND ON WHICH A WITNESS HOLDING A
VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED  BY  THE
COMMISSIONER  OR  HAVING  ACCEPTABLE  PROOF  OF  IDENTITY ATTESTS, UNDER
PENALTY OF PERJURY, TO THE IDENTITY AND ADDRESS OF THE APPLICANT, 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. 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 [chapter] 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 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law and shall expire January 1, 2011 when upon
such date the provisions of this act shall be deemed repealed;  provided
that  the  commissioner  of motor vehicles is authorized and directed to
promulgate  any  rules  and  regulations  necessary  to  implement   the
provisions of this act on its effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3937

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S3937 (ACTIVE) - Details

2009-S3937 (ACTIVE) - Summary

2009-S3937 (ACTIVE) - Sponsor Memo

2009-S3937 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S3937

Senate Bill S3937

Share this bill

Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S3937 (ACTIVE) - Details

2009-S3937 (ACTIVE) - Summary

2009-S3937 (ACTIVE) - Sponsor Memo

2009-S3937 (ACTIVE) - Bill Text download pdf

Comments