BILL ANALYSIS
AB 60
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 60 (Cedillo)
As Amended September 13, 2001
Majority vote
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|ASSEMBLY: |53-20|(June 7, 2001) |SENATE: |22-7 |(September 14, |
| | | | | |2001) |
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Original Committee Reference: TRANS.
SUMMARY : Modifies the requirement for driver's license and
identification card applicants to establish their lawful
presence and to provide social security numbers (SSN) to the
Department of Motor Vehicles (DMV).
The Senate amendments :
1)Require DMV applications for driver's licenses and
identification (ID) cards to allow for the submission of a
federal taxpayer ID number in lieu of an SSN.
2)Prohibit DMV from including an applicant's SSN or federal
taxpayer ID number on any DMV document.
3)Prohibit DMV from disclosing an applicant's SSN or federal
taxpayer ID number except to respond to federal agencies, the
State Controller or the Franchise Tax Board (FTB) for
specified purposes.
4)Require driver's license applicants to furnish an SSN or any
other number or identifier determined to be appropriate by
DMV. The use of such alternative identifiers must be
accompanied by an affidavit signed by the applicant that he or
she does not possess an SSN.
5)Require a driver's license applicant who has submitted a
federal taxpayer ID number or other identifier in lieu of an
SSN to provide his or her SSN to DMV upon obtaining one.
6)Require DMV to require driver's license and ID card applicants
to offer proof of their identity prior to completing an
application
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7)Require driver's license and ID card applicants to either
establish their lawful presence in the United States or show
documentation that they have initiated steps to obtain lawful
immigration status.
8)Prohibit DMV from completing a driver's license application
that does not include a SSN or alternative documentation
required by this bill.
9)Require applicants for commercial driver's licenses to include
their SSNs in their applications.
10)Require DMV to adopt regulations to establish a hearing
process for appeals stemming from driver's license and ID card
denials. The regulations would also establish methods for DMV
to verify ID documents provided by applicants.
11)Require DMV annually to report to the Governor and
Legislature on the cost of verifying the citizenship or legal
residency of driver's license and ID card applicants.
12)Provide that the inability to obtain a license does not
excuse a driver from any of his or her other legal
obligations.
13)Require DMV to develop regulations regarding the issuance,
reissuance, and extension of temporary licenses.
EXISTING LAW requires applicants for drivers' licenses and
identification cards to provide their SSNs and proof of their
legal presence to DMV. DMV is required to verify applicants'
legal presence. Pending that verification, DMV issues a
temporary license.
AS PASSED BY THE ASSEMBLY , this bill:
1)Repealed the requirement that driver's license and
identification card application forms provide a section for
listing the applicant's SSNs.
2)Repealed the prohibition against DMV completing an application
for a driver's license or identification card for an applicant
who has failed to furnish a SSN.
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3)Repealed conforming sections proscribing the use by DMV of
SSNs obtained from applicants.
4)Repealed one of two Vehicle Code provisions requiring a
driver's license applicant to provide his or her SSN on the
application.
5)Allowed a driver's license applicant, in lieu of submitting a
SSN to, instead, submit a taxpayer identification number or
another identifier determined to be appropriate by DMV and to
sign an affidavit that he or she does not possess a SSN. The
submission of such an identifier will be deemed the equivalent
of providing a SSN.
6)Prohibited information relating to SSNs from being displayed
on a driver's license.
7)Required DMV to require that applicants for driver's licenses
and identification cards either: a) establish their lawful
presence in the United States; or, b) show documentation of
their application or petition for lawful immigration status or
extension of legal presence.
8)Provided that any applicant for a driver's license who does
not have a SSN or is in the process of obtaining lawful
immigration status shall be issued a license or identification
card for a term of three years.
9)Prohibited DMV, its employees, and its agents from disclosing
any information regarding an applicant's SSN or lack of a SSN,
except as permitted by state or federal law or upon request
from FTB for tax administration and non-tax debt collection
purposes.
10)Repealed provisions requiring DMV to verify applicants' legal
presence in the United States and to submit an annual
supplemental budget report detailing their costs of verifying
applicants' citizenship or legal residency status.
11)Repealed provisions prohibiting peace officers from detaining
or arresting persons solely on the belief that they are
unlicensed drivers.
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12)Repealed the requirement that the driver's license of a legal
nonimmigrant be limited to a 90-day term.
13) Required applicants for original commercial drivers'
licenses to include their SSNs on the application.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, DMV will save $49,000 in fiscal year (FY) 2001-02,
followed by annual savings of $660,000 beginning in FY 2002-03.
However, the Department of Social Services (DSS) may suffer an
annual multimillion-dollar loss in federal child support
funding.
COMMENTS : This bill is a reintroduction of last year's AB 1463
(Cedillo). That bill was vetoed by the Governor, who said,
"Requiring the DMV to issue a driver's license or ID card merely
on the basis of the applicant providing a 'receipt' from the INS
that an application or petition for lawful immigration status
has been initiated is an invitation for fraud. Moreover, the
states of Arizona, Florida, New Mexico, and Texas all require
that a social security number be provided to their Department of
Motor Vehicles. California should not embrace a weaker standard
than those imposed by other southern border states. While I
applaud the public safety concerns this bill seeks to address,
it ignores the fact that California has made substantial efforts
to make the driver's license a more secure form of
identification. There is no question that a driver's license is
often the key document used to acquire other documentation and
to qualify for various services and services."
The author cites the following reasons for this bill, including
that: 1) unlicensed drivers endanger the public safety; 2)
operating a motor vehicle is an important key to participating
in the state's economy; 3) vehicle liability insurance coverage
is unavailable to an unlicensed driver; and, 4) the existing
license requirements "have created an unfair and unjust crisis
that severely curtails economic growth and productivity." The
California Catholic Conference adds that immigrants are fearful
of contacts with government agencies and that "unless a clear
distinction between the INS and the DMV is drawn for immigrants,
the agencies will remain a blur and immigrants will avoid
dealings with DMV." The American Insurance Association further
points out that, under current law, individuals who are
registered with the Immigration and Naturalization Service (INS)
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are effectively legal residents until the INS rules otherwise.
Yet they are unable to acquire a driver's license and,
consequently, cannot obtain insurance if they wish to drive in
California.
The current statute requiring applicants for drivers' licenses
to produce documentation of citizenship or legal residence was
enacted by SB 976 (Alquist), Chapter 820, Statutes of 1993. SB
976 was designed to make the driver's license a more secure form
of identification with the intent of preventing undocumented
immigrants from being licensed or obtaining identification
cards. The sponsors asserted that the driver's license was a
"breeder" document that is used to acquire other documentation
and qualifying status for a variety of public services and
programs. They further contended that it would improve the
uninsured motorist problem, reduce fraudulent applications for
government programs, discourage undocumented immigrants from
operating a motor vehicle, and generally act as a deterrent to
illegal immigration.
The provision requiring DMV to obtain the SSN from each person
registering a vehicle or applying for a driver's license was
enacted by AB 1297 (Isenberg), Chapter 90, Statutes of 1991. SB
1297 was designed to provide enhanced ability to check for
uncleared traffic violations and unpaid fees.
SSNs collected by DMV are used for internal operations and
responsibilities, but are also made available to DSS, FTB, and
the Board of Equalization (BOE) for purposes of enforcing child
support orders. AB 257 (Speier), Chapter 481, Statutes of 1995,
enacted the provision that provides for the enforcement of child
support orders. AB 257 allows a driver's license to be revoked
if child support is delinquent for 30 calendar days. After 30
days, the violator of his or her child support agreement has 150
days to fulfill the agreement. After 150 days, the license must
be revoked.
Additionally, the federal Child Support Performance and
Incentive Act of 1998 requires states to have a database
available to the federal government which contains SSNs.
Failure to collect and secure SSNs could result in the
withholding of funds by the U.S. Department of Health and Human
Services.
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In 1999, the Legislature passed SB 371 (Solis), which would have
required that every applicant for an original driver's license
or identification card submit proof of legal presence in the
United States. Under SB 371, once proof of legal presence was
submitted, further verification would have been required only if
supporting documents appeared to be fraudulent. The Governor
vetoed SB 371, noting that "California has made substantial
efforts to make the driver's license a more secure form of
identification, as it is often a key document used to acquire
other documentation and to qualify for various services and
privileges." He asserted that an effect of the bill be
"weakening a key element of California's anti-fraud efforts."
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093
FN: 0003659