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Appendix B. SSN and ITIN Legislation by State

State

Citation

Summary

Status

Arizona

HB 2255

Removes provisions requiring proof of legal presence in United States under federal law and allows other documents in lieu of Social Security number. Adds a provision that possession of a driver's license is not proof of U.S. citizenship.

Jan. 21, 2002: read second time in House. Died at end of regular session.

 

SB 1459

Similar to HB 2255.

March 14, 2002: Held in committee. Died at end of regular session.

California

AB 60

Allows use of individual taxpayer identification number in lieu of Social Security number when Social Security number is not available. Requires showing of lawful presence in the United States, or that application for lawful immigration status has been initiated. Limits the duration of licenses or identification cards issued under these circumstances to three years.

Passed both Houses, then withdrawn from enrollment by author: Jan. 14, 2002. August 8, 2002: enrolled and to governor.

Delaware

SB 287

Requires Social Security number and proof of legal residence in the United States to receive a driver's license or identification card, and revocation if individual is deported.

In Senate Public Safety Committee, Jan. 22, 2002. Stricken June 6, 2002.

Illinois

HB 3382

Amends the Illinois Vehicle Code to allow the secretary of state to accept an alternate form of identification for an applicant for a driver's license who does not have a Social Security number; provides that a temporary license may be issued to an applicant if he or she is applying for a non-photo driver's license for religious reasons or as a result of facial disfigurement and is waiting for that application to be processed.

In Rules Committee: May 23, 2001, sponsor added. No action since May 23, 2001.

 

SB 167

Provides that the secretary of state may request an applicants federal tax number or an alternative identifying number in lieu of the Social Security number if the applicant can prove they are in eligible for a Social Security number.

May 22, 2001: in Senate Rules Committee, co-sponsor added. No action since May 22, 2001.

 

HR 4

Urges the state attorney general to review the policies of requiring Social Security number at application for state driver's licenses.

Resolution Adopted, March 21, 2001.

Iowa

SB 2192

Allows the department to waive Social Security number requirement for people who are not foreign nationals temporarily in the state. Also adds a provision so that licenses and identification cards issued to foreign nationals will expire with their legally present status, with duration not exceed two years.

Signed by governor: April 4, 2002.

Kansas

HB 2135

Amends language relating to driver's licensing, allowing use of IRS taxpayer identification numbers.

Introduced: Jan. 24, 2002. Referred to House Judiciary Committee: Feb. 28, 2002. May 31, 2002: died in committee.

Kansas

SB 559

Requires facial recognition identifier. Requires Social Security number. Requires legal presence in the United States. Temporary driving permit can be issued to an individual not lawfully present in the United States who possesses an IRS taxpayer identification number and can show Kansas residency. The temporary permit is revoked on expiration of visa and must be renewed annually.

Passed Senate: March 12, 2002. Failed in House: April 11, 2002.

Kentucky

HB 205

Requires the Social Security number of an applicant for an operator's license only if the applicant has a Social Security number; expands the list of eligible documents used by foreign nationals applying for a Kentucky operator's license.

Jan. 9, 2002: to House Transportation Committee. Died at end of regular session.

Maine

HB 80 (LD 89)

Eliminates the requirement that a person submit a Social Security number when applying for a driver's license.

Introduced Jan. 9, 2001. Died on May 16, 2001.

 

HB 850 (LD1122)

Exempts clergy from submitting Social Security numbers for driver's license

Died on April 30, 2001.

Massachusetts

HB 3391

Eliminates the requirement that applicants for certain licenses provide their Social Security numbers.

Died.

Minnesota

HF 3686

Resolution urging the U.S. Congress to repeal federal law requiring states to record Social Security numbers when applying for a driver's license.

March 12, 2002: introduced.

 

SF 3327

Companion to HF 3686.

Feb. 20, 2002: Referred to Senate Transportation Committee.

Missouri

HB 1881

Allows the director of the Department of Revenue to require aliens, at the time of application for a driver's license, to provide a translated and notarized copy of a birth certificate in addition to all other required information. Also allows individual taxpayer identification numbers (ITIN) instead of Social Security number.

 

Passed House: April 4, 2002. April 15, 2002: Senate Committee voted do pass.

New Mexico

HB 135

Allows secretary to establish, by regulation, other documents that may be accepted instead of Social Security number.

Signed by governor on Feb. 28, 2002.

New York

AB 9603

Allows the use of the individual tax identification number when a legal immigrant applies for a driver's license.

Jan. 11, 2002: in Assembly Transportation Committee. Bill died.

 

AB 9738

Allows the use of alternate forms of identification when an applicant for a driver's license does not have a Social Security number or an individual tax identification number.

Jan. 22, 2002: referred to Assembly Transportation Committee.

North Carolina

SB 600

Orders division to recall all driver's licenses issued with invalid or fictitious Social Security numbers and reissue licenses upon showing a valid Social Security number.

Passed Senate April 25, 2001, in House Committee as of Oct. 10, 2001.

Tennessee

HB 2028

Requires affidavit stating that no Social Security number was issued and the submission of IRS I 94 form in order for a person without a Social Security number to be issued a license; redefines "resident" for purposes of drivers license issuance.

Jan. 15, 2002: Assigned to subcommittee on Transportation Safety and Planning.

 

HB 2029

Removes provision allowing person without Social Security number to obtain license.

April 23, 2002: Action Defeated in subcommittee on Public Transportation and Highways.

 

SB 1999

Identical to HB 2029.

Assigned to subcommittee of Transportation: April 23, 2002.

 

SB 1266

Authorizes person without Social Security number to receive driver license if person submits an affidavit affirming that they have never been issued Social Security number. Also allows noncitizens to be given a driver's license if they provide proper documents demonstrating identification.

Signed by governor: May 3, 2001.

 

HB 983

Identical to SB 1266.

See SB 1266

Texas

HB 396

Allows use of other documents if applicant does not have a Social Security number including a tax identification number or a letter from the social security administration. Bill also includes list of documents to prove identity at application for driver's license including a passport, foreign work permit that bears a photograph or any other proof of identity satisfactory to the Department.

June 17, 2001: vetoed by governor.

Note: Texas had no 2002 session.

Utah

SB 133

Allows a driver's license or identification card applicant to provide an affidavit if they do not qualify for Social Security number or temporary identification number; requires an applicant for a driver license or identification card to provide a Utah address.

Defeated March 6, 2002.

 

HB 350

Repeals provision allowing IRS temporary identification number (ITIN) at application for driver's license. Requires applicants to provide Utah address.

Died March 6, 2002.

Washington

HB 2420

Improves the security of state driver's licenses by verifying the citizenship or legal residence of applicants for driver's licenses in and verifying the Social Security numbers of applicants.

Referred to Select Committee on Community Security: Jan. 16, 2002. Bill died.

Wyoming

HB 153

Would allow use of temporary identification number issued (ITIN) by IRS for persons who do not have a Social Security number at application for driver's licenses.

Feb. 14, 2002: Introduced and referred to House Transportation and Highways Committee. Bill died.

Source: NCSL, 2002

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