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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