STATE OF NORTH DAKOTA
North Dakota Department of Transportation
608 East Boulevard Avenue
Bismarck, ND 58505-0700
Edward T. Schafer, Governor
Marshall W. Moore, Director
Information: (701) 328-2500
FAX Mail: (701) 328-4545
TTY: (701) 328-4156

July 29, 1998

Docket Management, Room PL-401
National Highway Traffic Safety Administration
Nassif Building
400 Seventh Street, SW
Washington, DC 20590

DOCKET NUMBER NHTSA-98-3945 -1755

These rules are proposed in order to implement Section 656(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. That law provides that a federal agency may only accept as proof of identity a driver's license or identification document that conforms to specific requirements. Even though there are no real stated sanctions for noncompliance, and it would seem that the law only indirectly applies to the states, there is a big impact on our department and North Dakota citizens. 

First, I will make some general comments. The underlying law and the proposed regulations are an unfunded federal mandate being imposed on the states. For a small state like North Dakota, this is significant. We are fortunate, in that, if the proposed regulations are adopted, we should be able to comply by the effective date. We are ahead of the game because we already use the social security number as the primary driver's license number (unless someone asks for the use of another number) and we have a relatively new digitized system for issuing driver's licenses. Our records already contain social security numbers for most individuals. 

The first requirement under the proposed regulations deals with the application process. It requires, as evidence of identity, that an applicant be required to submit one primary and one secondary document for a new or duplicate driver's license or identification document. While we have no complaint about the types of documents listed on either the primary or secondary list, we request that only a document from the primary list be 

Page 2 

required and leave it to the states as to whether they feel they need a secondary document. Right now, we feel that one primary document will suffice in most cases and asking for a second one will slow our process. But, there may be those few situations where we would want to ask for a secondary document or, sometime in the future, we may detect fraud and see the need for both a primary and secondary document. It is also unclear in the proposal whether we would be again required to verify the identity of our existing drivers, when we did so for their original application. Is this rule intended to be prospective only_ If not, it would "bog down" our system. 

The form of the document, especially as to security features, is the next part of the proposal. Because we are already using several of these features, this requirement will be easy for us to meet. 

Last, but not least, is the part of the proposal dealing with the use of the social security number. States must require the submission of the social security number by every applicant for a driver's license or identification document and then verify the validity of that number with the Social Security Administration. The blanket requirement of verification of the social security number appears to be contrary to the law as found in the Immigration Reform Act. That act appears to set out alternatives of either having the social security number on the license, where it can be read visually or by electronic means, or, in the alternative, verifying the applicant's social security number. How can an administrative agency require what the law does not_ 

For us, it would be better, and more cost-effective, to insert the social security number into the bar code on the back of our license, while at the same time printing another number on the front of the license for those who do not wish their social security number to be used as the driver's license number. That had been our plan until this proposal came along! We have initial estimates of approximately $5,500 to handle the programming to put a different number in the bar code than is found on the front of the license. This appears to satisfy the requirements of the law. Because North Dakota is an instant issue state, to verify the social security number it would be necessary for us to set up an on-line system. Our estimates for the up-front cost are between $30,000 to $60,000 to do this. On top of that, there would be the three cents per verification check and network charges. These latter costs would go on forever, although after four years it would only be for new drivers or ID card applicants. Particularly in the first year, this would put quite a burden on our already tight budget. It is also ironic that the Social Security Administration wants to charge us for making a verification, while at the same time, they are asking for free information from us! 

Page 3 

While there is a provision concerning how to handle those individuals who do not possess and who are not eligible to obtain a social security number, it is not clear at all as to what to do with someone who is eligible for a social security number but claims they do not have one. If we are going to require submission of social security numbers, we need specific guidance on how to deal with these "protestors." How do we tell those apart from the individuals who are not eligible for a social security number_ These are individuals who either, for various reasons, do not have a social security number, or refuse to give it to us. They will also be unable to show proof of lawful presence, as will those who are aliens. Should we refuse to issue them the license or identification card_ Or, do we lump them in with the provision in Section 1331.6(d) and merely have them sign a certifying statement that they don't have a social security number and then issue another number to them_ 

In summary, we are particularly concerned about how far the social security number verification proposals go, compared to the law. We are also not sure that we need both a primary and a secondary document for identification in most cases. 

Please consider our comments in your deliberative process in coming up with a final rule. If you need further information, please do not hesitate to contact me. 

Sincerely,

Keith C. Magnusson
Driver and Vehicle Services Director
01/jam