BILL ANALYSIS
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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
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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.
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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.
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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.
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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).
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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
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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
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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
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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*
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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
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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,
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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
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