SSN Policy Manual

Dealing with State and County Agencies

implemented laws making it very difficult, if not impossible, for the unenurnerated to obtain a driver's license. 42 USC §405(c)(2)(C) (C)(i) It is the policy of the United States that any State (or political subdivision thereof) may, in the administration of any tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction, utilize the social security account numbers issued by the Commissioner of Social Security for the purpose of establishing the identificationof individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such State (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the social security account number (or numbers, if he has more than one such number) issuedto him by the Commissioner of Social Security. 42 USC 9666 implemented by Public Law 100-485become effective on Oct. 1, 1985 and was modified in 1997 by Public Law 105-33 to include all driver's license and recreational license. 42 USC 9666. Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement (a) Types of procedures required In order to satisfy section 654(20)(A) of this title, each State must have in effect laws requiring the use of the following procedures, consistent with this section and with regulations of the Secretary, to increasethe effectiveness of the programwhich the State administers under this part: ... (13) Recordingof social security numbers in certain family matters. - Procedures requiring that the social security number of - (A) any applicant for a professionallicense, driver's license, occupational license, recreational license, or marriage license be recorded on the application; (B) any individualwho is subject to a divorce decree, support order, or paternity determination or acknowledgmentbe placed in the records relatingto the matter; and (C) any individualwho has died be placed in the records relatingto the death and be recorded on the death certificate. For purposes of subparagraph (A), if a State allows the use of a number other than the social security number to be used on the face of the document while the social security number is kept on file at the agency, the State shall so advise any applicants. Only Lawful if it Was Done Before January 1, 1975 According to (a)(2)(B) of Public Law 93-579 (the Privacy Act), "a requirement for the disclosure of a social security number to any Federal, State, or local agency" is only lawful if such requirements were "in existence and operating before January 1, 1975." Thereby, Congress prohibits any Federal, State, or local agency from adopting enforceable laws or regulations after January 1, 1975 that require a social security number from people. When you complete a license application, leave any space that asks for a social security number blank. If the clerk asks for it, tell them that you have no social security number. Serve a copy of the Notice Regarding Disclosure of Social Security Number card shown at the beginning of this section on the clerk if they tell you that they cannot process your license application. This serves to notify the clerk that he/she will be held personally and criminally