BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 60| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ VETO Bill No: SB 60 Author: Cedillo (D) Amended: 9/2/05 Vote: 21 SEN. TRANSPORTATION & HOUSING COMMITTEE : 8-5, 5/19/05 AYES: Torlakson, Cedillo, Ducheny, Lowenthal, Machado, Murray, Simitian, Soto NOES: McClintock, Ashburn, Maldonado, Margett, Runner NO VOTE RECORDED: Kehoe SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/26/05 AYES: Migden, Alarcon, Alquist, Escutia, Florez, Murray, Ortiz, Romero NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian SENATE FLOOR : 21-16, 9/8/05 AYES: Alarcon, Alquist, Bowen, Cedillo, Chesbro, Ducheny, Dunn, Escutia, Figueroa, Florez, Kehoe, Kuehl, Lowenthal, Migden, Ortiz, Perata, Romero, Scott, Simitian, Soto, Torlakson NOES: Aanestad, Ackerman, Ashburn, Battin, Campbell, Cox, Denham, Dutton, Hollingsworth, Machado, Maldonado, Margett, McClintock, Morrow, Poochigian, Runner NO VOTE RECORDED: Murray, Speier, Vincent ASSEMBLY FLOOR : 41-34, 9/7/05 - See last page for vote SUBJECT : Driver's license eligibility: undocumented immigrants CONTINUED SB 60 Page 2 SOURCE : Author DIGEST : This bill requires the State of California to comply with the federal the Real ID Act of 2005, a recently enacted measure which established standards and procedures for the issuance of drivers licenses and identification cards, and authorized the states to issue driver's licenses and identification cards to undocumented immigrants, providing that the license or identification card clearly states that it may not be used for any other official purpose, and uses an unique design or color. Assembly Amendments 1.Specify that the Department of Motor Vehicles (DMV) shall not issue drivers licenses that permit driving and are certified by the Department of Homeland Security until there is notice of adoption of the final regulations implementing the federal Real ID Act of 2005 published in the Federal Register, but no later than May 12, 2008. 2.Specify that DMV shall, no later than 240 days after the notice described above is published, issue driver's license that permit driving, and are not acceptable for federal identification. 3.Restore current law in Section 12801.5 of the Vehicle Code, and adds to that section the requirement for the Director of DMV to determine the date that the department is in compliance with the federal Real ID Act of 2005, and further requires the director to submit a notice of the determination to the Secretary of State, and upon receipt of the Secretary of State, Section 12801.5 of the Vehicle Code will be repealed. 4.Requires DMV to accept documentation from the federal Citizen and Immigration Service (CIS) that the individual has a legal presence in the United States. 5.Requires DMV to use CIS's Case Status Service Online Internet Web site, or any other verification mechanism acceptable to CIS and DMV, to verify the pending residency status of a driver's license applicant. SB 60 Page 3 6.Limits the term of a driver's license issued to such persons to 30 months and renewable for consecutive one year terms until DMV determines CIS has taken final action on the licensee's residency application or until DMV has implemented the provisions of the Real ID Act, whichever comes first. 7.Requires DMV to begin implementing the provisions of this bill regarding CIS residency applications no later than March 1, 2006. 8.Repeals the CIS residency provisions when the Director of DMV notifies the Secretary of State that the department is in compliance with the Real ID Act. ANALYSIS : Existing law requires the Department of Motor Vehicles (DMV) to issue driver's licenses and identifications cards. This bill: 1.Requires DMV to issue driver's licenses that are in compliance with requirements of the federal "Real ID Act of 2005." 2.Requires DMV, in compliance with the federal act, to issue driver's licenses that permit driving, and are not acceptable by a federal agency for federal identification or for any other official purpose, to those applicants who do not possess legal presence status. 3.Requires DMV to issue driver's licenses that permit driving and are acceptable by a federal agency for any official purpose, as certified by the Secretary of Homeland Security, to those applicants who meet specified criteria, including either being an American citizen or having one of several types of legal status. This provision is contingent upon the notice of adoption of final regulations implementing the federal Real ID Act of 2005 being published in the Federal Register, unless such action has not been accomplished by May 12, 2008. SB 60 Page 4 4.Requires DMV to issue drivers' licenses that permit driving, but are not acceptable by a federal agency for federal identification or for any other official purpose, pursuant to provisions in the federal act authorizing such types of licenses. DMV will be required to commence this action no later than 240 days after the publication of the notice of adoption described below. 5.Requires DMV to determine the date that it is in compliance with the Real ID Act, at which time the existing requirement for driver's license applicants to submit satisfactory proof of their presence in the United States will be repealed. 6.Makes legislative declarations and findings regarding the presence in California of residents who have had their applications for legal residence accepted by the federal CIS for processing and are, therefore, not deportable based on their immigration status. 7.Requires DMV to accept documentation from CIS that an individual has such status as an indication that he or she has legal presence in the United States. 8 .Requires DMV to use CIS's Case Status Service Online Internet Web site, or any other verification mechanism deemed acceptable by CIS and DMV, to verify the pending residency status of a driver's license applicant. 9.Limits the term of a driver's license issued to such persons to 30 months. 10.Requires DMV to renew such a license for consecutive one-year periods until it determines that CIS has taken final action on the licensee's residency application or until DMV has implemented the provisions of the Real ID Act, whichever comes first. 11.Requires DMV to begin implementing this bill's provisions regarding CIS residency applications not later than March 1, 2006. SB 60 Page 5 12.Repeals these CIS residency provisions at such time as DMV notifies the Secretary of State that the department is in compliance with the Real ID Act. 13.Provides that the bill's provisions are severable and that if any of its provisions or its application are held invalid, that invalidity should not affect other provisions or applications that can be given effect without the invalid provision or application. Existing law requires DMV to require every applicant for a driver's license or identification card to submit proof that the person has legal presence status. This bill repeals this requirement. Existing law makes it a misdemeanor for any person to knowingly assist in obtaining a driver's license or identification card for any person whose presence in the United States is not authorized under federal law. This bill deletes that provision. Federal Legislation Pertinent provisions included in the "Real ID Act of 2005": 1. Minimum Document License Requirements A. Applicant's full legal name and gender. B. Applicant's date of birth. C. Digital photograph of the applicant. D. License number and applicant's signature. E. Applicant's residence address. F. Security features designed to prevent tampering, counterfeiting, or duplication. G. Common machine readable technology. 2. Minimum Issuance Standards for Applicants A. Provide a photo identify document. B. Provide date of birth documents. C. Provide proof of social security number (or verification that the applicant is not eligible). SB 60 Page 6 D. Provide residence documentation. 3. Evidence of Legal Status A state "shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person": A. Is a citizen or national of the United States. B. Is an alien lawfully admitted for permanent or temporary residence. C. Has conditional permanent resident status. D. Has an approved application for asylum or has refugee status. E. Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status. F. Has a pending application for asylum. G. Has a pending or approved application for temporary protected status. H. Has approved deferred action status. I. Has a pending application for adjustment of status. 4. Verification of Documents A. A state "shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the applicant." B. A state shall not accept any foreign document, other than a passport. C. A state shall use the Systematic Alien Verification for Entitlements to verify legal presence. 5. Other Requirements A. Employ technology to capture digital images of identify source documents. B. Retain paper documents for seven years or images of source documents for 10 years. C. Subject applicants to mandatory facial image capture. D. Establish "an effective procedure to confirm or verify a renewing applicant's information." E. Confirm with the Social Security Administration a SB 60 Page 7 social security number. F. Limit term of a license or identification card to eight years. G. Confirm that an out-of-state license applicant is terminating or has terminated the license from that state. 6. Licenses for Undocumented Immigrants A state is permitted to issue a driver's license or identification card to a person without legal presence status providing that it meets the following requirements: A. The license or identification cad "clearly states on its face t hat it may not be accepted by any Federal agency for federal identification or any other official purpose." B. The license or identification card "uses a unique design or color indicator to alert Federal agencies and other law enforcement personnel that it may not be accepted for any such purpose." Background Current law provides that DMV shall "require every applicant for an original driver's license or identification card to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law." In addition, existing law provides that "the department shall require every application for a driver's license to contain the applicant's social security number and any other number or identifier determined to be appropriate by the department." The legal presence provision was enacted by the Legislature (SB 976, 1993) in order to make the driver's license a more secure form of identification with the intent of preventing undocumented immigrants from being licensed or obtaining department identification cards. The supporters of SB 973 asserted that the driver's license was a "breeder document" that is used to acquire other documentation and serves as the most widely accepted form of personal identification SB 60 Page 8 which is used to qualify for both private and public sector services and programs. In response to the enactment of SB 976, DMV authorized a variety of birth verification/immigration status documents that applicants for an original driver's license or identification card can submit for the purpose of documenting legal presence. When an applicant submits a specified document, such as a birth certificate, it is reviewed for acceptability and authenticity by a department field office employee. For verification of a Bureau of Citizenship & Immigration Services (formerly the "Immigration and Naturalization Service") documents submitted by immigrant applicants, the department has direct computer access to the Alien Status Verification Index (ASVI), an electronic intergovernmental-sharing system provided by the bureau to ensure that only legally entitled aliens receive government benefits and services. The department reports that it processed 1.6 million legal presence documents during Fiscal Year 2003-04, including more than 500,000 documents issued by agencies within the newly created Department of Homeland Security. The terrorist attacks that occurred on September 11, 2001, in New York City and Washington, D.C. raised the nation's awareness and brought into question the effectiveness of security measures throughout the nation. A number of the 9/11 hijackers had acquired state-issued driver's licenses, primarily from the State of Florida and the Commonwealth of Virginia, which were used for identification purposes to board and later commandeer the ill-fated airliners on September 11th. As a result of these attacks, a federal commission, "National Commission on Terrorist Attack Upon the United States," was created, and which noted in its concluding report that the "abuse of the immigration system and a lack of interior enforcement were unwittingly working together to support terrorist activities." In light of the attacks and the findings of the 9/11 Commission, the Congress enacted legislation, H.R. 1268 - "Real ID Act of 2005," which is designed to improve the security of driver's licenses and identification cards issued by the individual states. The act includes certain minimum document and license issuance requirements, and it SB 60 Page 9 provides that only persons withy legal presence status can be issued a driver's license or identification card. A state, however, is permitted to issue a license to an undocumented immigrant, providing the license meets certain appearance requirements and it states on the license document that it cannot be used for any other official purpose. While not specifically mandating the provisions of the "Real ID Act" on the states, if a state fails to adopt the provisions of the federal legislation within three years of the enactment of the federal measure, the federal agency would not be authorized to accept a license issued by the state for any official purpose, including for such purposes as using the license to provide identification for boarding an airliner or entering a federal building or facility. Thus, it is expected that all the states will adopt these provisions within the allotted time. Prior Legislation The following bills would have either authorized DMV to issue a driver's license to either an undocumented immigrant or to a person that applied for legal status: AB 2895 (Nunez, 2004), SB 1160 (Cedillo, 2004), SB 1 X3 (Oller, 2003 - Repealed SB 60), SB 60 (Cedillo, 2003 - Signed by the Governor), AB 60 (Cedillo, 2001), SB 804 (Polanco, 2001 - Required criminal background checks for persons applying for a driver's license under AB 60), and AB 1463 (Cedillo, 2000). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) Major Provisions 2005-06 2006-07 2007-08 Fund DMV administration $40,200 $34,800 $ 8,500 SF* SB 60 Page 10 License revenue ($28,500) ($28,500) ($ 7,100) SF* *Motor Vehicle Account NOTE: Figure assumes one million new applicants in 2005-06, one million new applicants for 2006-07, and approximately 250,000 new applicants for 2007-08 and ongoing. SUPPORT : (Verified 9/7/05) Archdiocese of Los Angeles Bienestar Human Services, Inc. California Catholic Conference California School Employees Association Cities of Bell Gardens, Coachella, Daly City, Los Angeles, Lynwood, Pomona, Salinas, Santa Ana, San Fernando, West Hollywood, and Watsonville Comite de Padres Unidos Consumer Attorneys of California County of Santa Cruz Espinoza Insurance Company Gilmore Associates Greenwood Insurance Agency Jose Vilvaho Insurance Service Lexicon Los Angeles County Federation of Labor Los Angeles Metropolitan Hispanic Chambers of Commerce Los Angeles Police Department Mexican-American Legal Defense and Educational Fund Mexican American Political Association National Association of Social Workers (California Chapter) National Association of Social Workers Nisei Farmers League Peace Officers Research Association of California PICO California Sheriff's Department County of Inyo Soledad Enrichment Action Charter School South Bay Latino Chamber of Commerce Voluntarios de La Communidad Yolo County Sheriff's Department Zacatecanos en Marcha USA SB 60 Page 11 OPPOSITION : (Verified 9/7/05) Governor's Office of Homeland Security Department of the California Highway Patrol Department of Motor Vehicles The California Immigrant Welfare Collaborative American Civil Liberties Union Capitol Resource Institute Women Volunteers in Politics GOVERNOR'S VETO MESSAGE: "This bill is premature and could undermine national security efforts to identify individuals who pose enormous risk to the safety of Californians. I have repeatedly stated that the ability to verify documents used to establish an identity must include a way to determine whether an individual is who he or she purports to be and must include a criminal background check. "In addition, enacting this bill will result in millions of dollars being spent on a process that ultimately could conflict with federal regulations. Once the federal rule making is finalized, it would be appropriate to engage in discussions relating to implementation of the Act, including whether or not a driving only certificate is appropriate in California. "For these reasons I am unable to sign this bill." ASSEMBLY FLOOR : AYES: Arambula, Baca, Bass, Berg, Bermudez, Calderon, Chan, Chavez, Chu, Cohn, Coto, De La Torre, Dymally, Evans, Goldberg, Hancock, Jerome Horton, Jones, Klehs, Koretz, Laird, Leno, Levine, Lieber, Liu, Montanez, Mullin, Nation, Negrete McLeod, Oropeza, Parra, Pavley, Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Vargas, Wolk, Yee, Nunez NOES: Aghazarian, Benoit, Blakeslee, Bogh, Canciamilla, Cogdill, Daucher, DeVore, Emmerson, Garcia, Harman, Haynes, Shirley Horton, Houston, Huff, Keene, La Malfa, SB 60 Page 12 La Suer, Leslie, Matthews, Maze, McCarthy, Mountjoy, Nakanishi, Niello, Plescia, Richman, Sharon Runner, Spitzer, Strickland, Tran, Villines, Walters, Wyland NO VOTE RECORDED: Frommer, Karnette, Nava, Umberg, Vacancy JJA:cm 1/3/06 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****