My elder son already has a learner's permit from the Department of Motor Vehicles.  He decided he would rather be branded with an SSN and drive than wait until he is 18 and get a driver's license without an SSN.

My younger son's high school ID recently went through the wash, so he had no photo ID.  My wife suggested that he get a "special identification card" from DMV.  I researched the Virginia Code sections applicable and found that he was not required to give an SSN for the ID.

Just to make sure, I called the local DMV office to keep my wife from getting a hassle when she refused to give an SSN on the application.  I spoke to Ms. Stanley.  This only began the Odyssey.

Here is the letter I sent to DMV Commissioner Richard Holcomb:

13 May 1997

Commissioner Richard Holcomb
Virginia Department of Motor Vehicles
P. O. Box 27412
Richmond
Virginia commonwealth
united States of America
postal code 23269/TDC

Dear Sir,

I am writing to relate to you the experience my family went through to get a "special identification card" without giving a social security number, and to give you formal notice that I have cause to bring a civil action regarding your department's dissemination of patently false information in an attempt to coerce the disclosure of a social security number under color of law.

My fourteen year old son is going to Toronto on a High School band trip this coming week.  In order to cross the border, they have been told that not only do they need a copy of their birth certificate, but they need a photo ID as well.  His high school ID recently went through the wash.  My wife suggested that he get a "special identification card" from DMV.  I researched the Virginia Code section 46.2-345 and found that he would not be required to give an SSN for the ID.

Just to make sure, I called the local DMV office to keep my wife from getting a hassle when she refused to give an SSN on the application.  I spoke to Ms. Stanley.  She was nice, but adamant that the SSN would be required, even though I quoted her the code section applicable to the special ID (46.2-345), which did not say that the SSN was required.

She read from her policy manual that it was.  She told me that I did not have to put the SSN on the ID itself, but the application required it.  I told her that I am not required to conform to her policy manual, that I am required to follow the written law.  I asked her to quote me the code sections which required the SSN, and she told me 46.2-232 and 46.2-342.  I told her that 46.2-232 was an application for a license and that 46.2-342 was application for Uniform Donor status, and that since my son was applying for neither, that the SSN was not required.  She put me on hold and went off to check with her supervisor, but I had to hang up and go to a staff meeting.

After the staff meeting I called back and Mr Johnson answered the phone.  I told him I was inquiring about a photo ID for my son, and he asked me for my SSN.  I asked him why he needed that, and he said he was going to look up my records.  I told him that was not necessary, that I was not the person making application.  I went through much the same thing as I did with Ms.Stanley.  We covered all the same ground.  I asked for the code section and he quoted me the policy manual.  He said he would check and call me back.  I went to lunch.

When I returned there was voicemail from Mr. Johnson asking that I return his call.  When I called, I got the standard set of computer attendant "press this key" stuff, and finally got connected to Ms. Wilson.  Ditto.  Old same thing.  She started to read me the notice from the back of the application.  It corresponded to the same code sections 46.2-232 (license) and 46.2-342 (organ donor).  Then she read me the statement "for identification cards, disclosure of your social security number is required only if you choose to use it as the number on your identification card."  Finally, an admission of the code.  I asked her to fax me those copies and the policy statements, so I could look them over, and also asked if she could let me talk to her supervisor.

I got the faxes and here is exactly how the statement on the application reads:

For driver's license: 46.2-323 and 46.2-342 (Virginia Code) require that this information, including your social security number, be provided before the document(s) you requested can be furnished. For identification cards: disclosure of your social security number is required ONLY if you choose to use it as the number on your identification card.  This information is for DMV's record-keeping purposes and may be disseminated in accordance with 46.2-208 (driver's licenses) or 46.2-345 (identification cards).  (no emphasis added)

This part of the application needs to be very clear in the minds of your agents. There is no statutory requirement that a person provide an SSN with regard to the photo ID.  Their training is obviously lacking, and I am beginning to think that this is deliberately so.

On the "Steps to Obtaining a Driver's License or Photo ID Card in Virginia" policy statement the main section shows that "Proof of your social security number" is something you should bring.

In the subsection "Steps to Obtaining a Photo Identification Card", section (2) reads:

Give the completed application, two identification documents, proof of your social security number and proof of Virginia residency to the DMV licensing representative.  If you do not have a social security number, or if you do not want your social security number displayed on your ID, a control number will be issued for the photo identification card number.  However, if you have a social security number, you must furnish it to DMV even if you opt for showing a control number on your ID card.  The documents will be accepted only if they contains your complete name and date of birth.  You will be asked to pay the fee for the ID card with cash or check.  The card is valid for five years and costs $5.  (emphasis added)

This is patently false in the face of the code, and in direct violation of the Privacy Act, PL 93-579.  I later received a voicemail that from Ms. Wilson admitting that no SSN was required and that I should call and verify that I had received the message.  I called back and spoke to Ms. Wilson, and thanked her for her help.  She pointedly asked my son's name and said that they would relay this information to the Charlottesville office.  I told her that I would appreciate it if they would change their training and the policy statement so no one else would have to go through what I went through.  I gave her my address and told her that I expected a copy of the replacement policy to be sent to my home within 30 days.

I relayed this information to my wife and to my son.  Here is their account of the sequence of events which ensued at DMV:

We went to the application desk and asked to apply for a photo ID.  The agent ripped the voter registration portion of the form off the application.  He showed us which parts to fill out and where to sign.  He asked what type of identification we had.  We showed a birth certification, a recent report card, a receipt for an insurance claim which had my son's name and address, and my wife's drivers license.

Then he asked if we had a social security card.  We said that "my husband" had been on the phone with Richmond, and that they had said it was not necessary, and my wife gave my son's name. He gave this look which meant "Oh, it's you." to us.  Then he said that we were making them violate the state code but they were going to go ahead and let us make the application.  He gave us our number (to be called to the window), and we went to fill out the form.  My son told me he got the impression that the agent would not have let us continue had my son's name not have been given.

We waited our turn and went to the window, gave the form and showed the documentation.  The girl at the window asked the representative from the application desk to countersign the application.  He did so, my son got his picture taken and we got the photo ID.

Your policy statement is patently false.  This is probably not the first time this has been pointed out to you.  Since this policy has been shown to be false in the face of the law, you now know it is fraudulent to make such statements. Your agents are improperly trained.  They violate federal law whenever they say that a social security number is required on the application for the Photo ID card.  The application contains no Privacy Act (PL 93-579) notice.  This is also a violation of law. 

I demand evidence that you will be training your agents throughout the state in the proper policy.  I demand that you change the policy statement which you show to citizens which states a requirement for the social security number on the application for a Photo ID card.

I now call your attention to the following United States Code section:

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
Sec 408. Penalties
(a) In general.  Whoever -
...
(8) discloses, uses or compels the disclosure of the social
security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under Title 18 or imprisoned for not more than five years, or both. (emphasis added)

The fine provided for by Title 18 in this case is $10,000.

If you do not comply with these demands I intend to bring civil action for declaratory relief, and ask for an ORDER to show cause why you should not be charged with a violation of 42 U.S.C. 408(a)(8), in your action to compel a citizen to provide a social security number under color of law.

My concern in this matter is not only that the law is properly complied with in regard to citizens, but to protect your agents from criminal prosecution as well. From my wife and son's account of the sequence of events at your Charlottesville office, it seems that if my son did not identify himself, he may not have been able to apply without an SSN.  This is totally unacceptable. Your agents may not misapply the law to everyone except those who read the code.  It is your responsibility to ensure that no citizen in this state ever has this occur to them without regard to the citizen's knowledge of the law.

In thirty days I will begin calling local offices throughout the state.  When I find one which tells me that a social security number is required for a Photo ID card, I will get in my car with my daughter, drive there, and make application. If they deny the application, I will file the above mentioned civil action.

I have also posted this notice to several internet newsgroups, and other citizens will be checking for this as well.  Be sure that you have in place the policies and proper training to serve the public.

Sincerely,

/s/ Brad L. Barnhill

Brad L. Barnhill
state Citizen of the Virginia commonwealth

cc:
Governor George Allen
State Senator Emily Couric
Delegate Mitch Van Yahres

Dear Mr. Barnhill:

Thank you for your telephone call and letter of May 13 regarding the documents that are required for a person to obtain an identification card from the Department of Motor Vehicles (DMV).  I appreciate the opportunity to respond.

I apologize for any inconvenience you and your family experienced while attempting to obtain an identification card for your son.  The Charlottesville Customer Service Center (CSC) staff were following DMV procedures at the time you inquired; however, I am glad your son was able to obtain his identification card with the assistance of Ms. Helen Wilson of Customer Information Services.

As you stated, Va. Code 46.2-345 states that the application must present a "birth certificate or other evidence acceptable to DMV of his name and date of birth."  However, a person does not need to provide a social security number or present proof of their social security number if they wish to use a DMV control number when applying for an identification card.

We are taking immediate action to ensure the Virginia Driver's Manual and the brochure Steps to Obtaining a Driver's License or Photo ID Card in Virginia are updated to reflect this information.  I have instructed DMV's district managers and CSC managers to ensure all employees are aware of this information.

Thank you for bringing this matter to my attention.

With kindest regards.

Sincerely,

/s/ Richard D. Holcomb

Richard D. Holcomb

brad.barnhill@mindspring.com HomeSite v2.5 Last Updated: Friday, May 23, 1997 4:44:19 PM

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