Senate Bill S4408

                                BILL NUMBER:S4408

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to requirements of
proof for certain licenses

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
identification 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 subdivision 1 of §502 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 paragraph (a) of subdivision 6 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 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.

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 formally 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
regulations 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
documents 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
scrutiny, 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 site.


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
consequences.

LEGISLATIVE HISTORY:

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.