by Jesse Hughes, Senate Republican Press Secretary
posted September 24, 2002
NASHVILLE - State Representative Donna Rowland (R-Murfreesboro) and State Senator Marsha Blackburn (R-Williamson County) are commending Gov. Don Sundquist for implementing more restrictions on obtaining Photo Identification Cards and Driver's Licenses by Executive Order 35, dated August 21, 2002.
Sen. Blackburn said, "We commend Governor Sundquist for following our lead by taking this corrective action in Executive Order 35. We urge him to make the process complete by tightening up further on the requirements for a person to receive a valid Tennessee Driver's License by requiring proof positive of the person's identity and that the person is in the country legally."
"We have been seeking to correct this serious breech in security and gap in public safety that have existed since Public Chapter 158 became the law of the land on May 3, 2001," continued Senator Blackburn. "Public Chapter 158 allowed the state of Tennessee to issue licenses to individuals without either Social Security cards or other valid forms of identification."
"We are indeed grateful that the governor has seen fit to start correcting this situation in the interest of public safety," stated Rep. Rowland. "This past year has given even more reason for concern and added urgency to correct Public Chapter 158."
Public Chapter 158 allowed people, including illegal aliens and other undocumented persons, to obtain drivers' licenses without having a Social Security number. A person without proper documentation could merely sign an affidavit stating, "I have never had a Social Security number." The measure quickly became a major point of contention and has remained so for well over a year now. Many legislators rued the day that they ever voted in favor of the administration bill to make getting a license easy. Initially, the administration stood by its position and fought efforts by concerned legislators to rectify the situation through legislation. A rush of improperly documented individuals first overwhelmed the Driver's Testing Stations and made it difficult and time-consuming for law-abiding citizens to obtain their licenses and renewals. That problem was alleviated somewhat by a little administrative action, but the issue of security and public safety did not go away altogether.
September 11th made the situation even more alarming to many citizens who no longer felt safe and whose own Tennessee driver's license might now be challenged by other states.
In 2001, Representative Rowland and Senator Blackburn sponsored Senate Bill 1999/House Bill 2029 to undo the damage of Public Chapter 158, but the bill was blocked.
Again in 2002, Representative Rowland and Senator Blackburn sponsored Senate Bill 2860/House Bill 2695 to undo the damage of PC 158 and again the bill was blocked.
Now Executive Order 35 directs the Department of Safety to implement certain procedures regarding driver licenses and photo identification cards. It reads:
STATE OF TENNESSEE
EXECUTIVE ORDER
BY THE GOVERNOR
NO. 35
AN ORDER DIRECTING THE DEPARTMENT OF SAFETY
TO IMPLEMENT CERTAIN PROCEDURES REGARDING
DRIVER LICENSES AND PHOTO IDENTIFICATION CARDS
WHEREAS, since the terrorist attacks of September 11, 2001, knowing the
identity of persons within our borders has taken on great importance;
WHEREAS, the primary purpose of a state's issuance of driver licenses is to ensure the competency of drivers and to protect the public from untrained or untested
drivers;
WHEREAS, state issued driver licenses have also generally taken on additional significance as accepted proof of identity;
WHEREAS, it is essential, therefore, that states be ever vigilant in reviewing and refining the procedures concerning the identity of applicants seeking driver licenses and
photo identification cards;
WHEREAS, the Department of Safety (hereinafter "the department"), in
consultation with the Attorney General's Office, is in the process of promulgating rules which will further effectuate the purposes of this Order;
NOW, THEREFORE, I, Don Sundquist, Governor of the State of Tennessee, by virtue of the power and authority vested in me by the Constitution and Laws of the State of Tennessee, do hereby order and direct the following:
(a) With regard to photo identification licenses, any applicant who does not have,
or who states that the applicant has never been issued, a social security
number required by T.C.A. section 55-50-321(c)(1)(A), shall complete an
affidavit, under penalty of perjury, affirming that the applicant has never been issued a social security number, and shall provide either an original or a certified copy of one of the following:
(1) A birth certificate issued by Tennessee or another state or a possession, territory or commonwealth of the United States; or
(2) Documentation issued by the United States Immigration and
Naturalization Service acceptable to the department.
(b) With regard to driver licenses, if an applicant requests in writing that the social security number be displayed on the license pursuant to T.C.A. section 55-50-331(b)(2)(C), the department shall display the nine-digit number on the license in an appropriate location. If the applicant, having provided a social
security number to the department, does not request in writing that the social security number be displayed on the license, a phrase substantially similar to
"ON FILE" shall be printed in an appropriate location on the license. If the applicant does not have, or states that the applicant has never been issued, a social security number required by T.C.A. section 55-50-321(c)(1)(A), the applicant shall complete an affidavit, under the penalty of perjury, affirming
that the applicant has never been issued a social security number. A phrase substantially similar to "NONE PROVIDED" shall be printed in an
appropriate location on the license. Such phrases shall be in red or other
distinctive lettering.
(c) These provisions shall supplement, and shall not replace, rules promulgated by the department.
IN WITNESS WHEREOF, I have subscribed my signature and have caused the Great Seal of the State of Tennessee to be affixed this 21st day of August, 2002.
Don Sundquist
GOVERNOR
Riley C. Darnell
SECRETARY OF STATE
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