NCSL Brief: State Driver's Licensing: Security Concerns

(This is one of a series of briefs written by NCSL, "Protecting Democracy: States Respond to Terrorism.")

State Driver's Licensing: Security Concerns

By Reed F. Morris, James B. Reed and Melissa Savage

Drivers' licenses--now the nation's primary form of accepted identification--have received renewed scrutiny following the terrorist attacks, as a number of states examine ways to improve the application process to eliminate identity theft and fraud.

State Actions

Since September 11, several states have tightened the standards for obtaining a license. Virginia no longer accepts notarized affidavits to prove residency and identity. North Carolina now requires proof of state residency and, as of January 2002, either a Social Security number or taxpayer identification number. New Jersey recently joined California and Wyoming in verifying immigration status with an INS database. The federal government also has taken initial interest in determining where loopholes exist and in tightening the standards for obtaining a driver's license.

Some states had already addressed some of the concerns that came into focus following the attacks: Should people who are in the country illegally be able to get driver's licenses? Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, New Jersey and South Carolina explicitly deny applications for driver's licenses from those who are not lawfully in the country. But more often, the state, while not explicitly requiring lawful presence in the United States in the language of the administrative code or statute, will allow non-U.S. citizens (or, in some cases, non-Canadian citizens) to prove their age and identity through Immigration and Naturalization Service (INS) documents. State administrative codes that use this approach either allow INS documentation in general or list specific forms (Florida and Wisconsin). Currently, four states-North Carolina, Tennessee, Utah and Virginia-issue licenses to any resident regardless of their legal status in the United States. Texas passed a law to do the same in 2001, but the bill was vetoed.

Driver's License Fraud. Fraud is a vexing problem that afflicts most licensing agencies. Among the problems are the manufacture of fake licenses and employees who purposefully issue licenses to unqualified people. States are attempting to deter fraudulent activity by improving technology, cracking down on counterfeit licenses and strengthening employee training.

To combat identity theft and other crimes, but still protect privacy, states have wrestled with the need to enhance driver's license validity and verify the identity of those applying. In 2001, before September 11, several states--including Arkansas, Colorado, Mississippi and Oklahoma--had passed laws to strengthen the validity of the driver's license. After September 11, more states--including Florida, Massachusetts, New Jersey, New York and Rhode Island--are seeking to increase the security of driver's license documents. Twenty-nine states currently use digital images, which help to verify identity when issuing replacement licenses.

Biometrics technology--which employs unique characteristics such as fingerprints, facial structure, voice or the structure of the eye's retina to establish and verify identity--is used in Georgia and West Virginia. California, Colorado, Florida, Georgia, Hawaii, Texas and West Virginia currently collect fingerprints in the driver's licensing process, although only Georgia uses them to verify identity when issuing replacement licenses.

Other changes under consideration include more frequent design changes for licenses; using magnetic stripes and bar codes; increasing penalties for fraud; limiting the number of replacement licenses issued; improving training of motor vehicle agency employees to detect counterfeit documents; prosecuting employees who perpetrate license fraud; and providing monetary incentives for employees who discover fraud. California recently issued a "super secure" license to reduce counterfeiting. It features a hologram, a secondary portrait, a magnetic strip and ink that changes color when viewed from different angles.

License Qualification. To receive a driver's license, an applicant must present certain documents and pass vision and driving tests. Because each state, the District of Colombia and Puerto Rico administer their own licensing systems, further documentation such as proof of the applicant's Social Security number, state residency, and citizenship or immigration status varies.

Currently, most states list dozens of acceptable forms of identification and may even include catchall provisions allowing further forms to be accepted. Within states' lists of acceptable identification, wide variation exists between the specific documents allowed. For proof of birth, Georgia allows a birth certificate; Iowa allows either a U.S. or Canadian birth certificate; and Minnesota requires government-issued birth certificates, including two types of U.S. birth certificates issued abroad by the U.S. Department of State and U.S. embassies. As a secondary form of identification, Missouri allows foreign birth certificates and, if needed, an accompanying affidavit of interpretation. Similar variety exists in the types of passports allowed as identification, with Montana allowing U.S. or Canadian passports and Maryland allowing any valid foreign passport.

Social Security Numbers. Federal welfare law requires states to collect Social Security numbers for drivers applying for licenses in order to improve child support enforcement. Currently, 33 states require driver's license applicants to provide proof of their Social Security numbers. Most states, however, do not require that the number be placed on the license. Some states allow a taxpayer identification number in lieu of a Social Security number.

Federal Actions

Hazmat Licensing. Since potential terrorists in Pennsylvania paid bribes to fraudulently obtain licenses to legally transport hazardous materials, and commercial driver's license fraud has recently occurred in Florida and Illinois, hazardous materials licenses are also a new concern. The recently enacted USA PATRIOT Act of 2001 prohibits states from issuing to or renewing the license of individuals for operation of motor vehicles transporting hazardous materials unless the U.S. Department of Transportation has first determined that the applicant does not pose a security risk. It also requires the Justice Department to perform background checks on people who request a license or renewal to transport hazardous materials.

Many state policymakers are re-examining the use of their driver's licenses as identification documents. The driver's license has long since moved beyond its original purpose of qualifying someone to operate a motor vehicle. As a primary form of accepted identification, it is needed to board an airplane and to undertake many other societal transactions. And, now we are finding, its legitimacy is more critical than ever before.

Contacts for More Information

Jim Reed and Melissa Savage
NCSL--Denver
(303) 856-1525, ext. 197 and 174
jim.reed@ncsl.org
melissa.savage@ncsl.org

Eileen Doherty
NCSL--Washington, D.C.
(202) 624-8687
eileen.doherty@ncsl.org

Other NCSL Resources:

Other NCSL Briefs "States Respond to Terrorism"

NCSL's Protecting Democracy Page

NCSL's 2002 Legislative Session Home Page