BILL NUMBER: SB 1160 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2006
INTRODUCED BY Senator Cedillo
JANUARY 10, 2006
An act to amend Section 40000.11 of, to amend, repeal,
and add Section 12801.5 of, Sections 12801.5
and 14610.7 of, to add Sections 1653.6 and 12801.1 to, and
to add and repeal Section 12801.9 of, and to repeal
Section 14610.7 of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1160, as amended, Cedillo Vehicles: driver's license.
(1) Existing law requires the Department of Motor Vehicles
(hereafter the department), upon proper application, to issue driver'
s licenses and identification cards.
This bill would require the department, in the issuance of driver'
s licenses and identification cards, to issue licenses and cards that
are in compliance with specified requirements of the federal Real ID
Act of 2005 (Public Law 109-13).
The bill , after notice of the adoption of final
regulations implementing the federal Real ID Act of 2005 is published
in the Federal Register, but no later than May 12, 2008,
would require the department to issue driver's licenses that permit
driving and are acceptable by a federal agency for any official
purpose, as certified by the federal Secretary of Homeland Security,
to those applicants who are in compliance with specified requirements
of specified provisions of the federal act , no later than 240
days after the Secretary of Homeland Security approves the state's
implementation plan .
The bill would also require the department, in compliance with the
federal act, and no later than 240 days after the
above-described notice is published in the Federal Register
Secretary of Homeland Security approves the state's
implementation plan , 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 provide valid documentary evidence of lawful status under
the federal act.
(2) Existing law requires the department to 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 and prohibits the department
from issuing a license or card to a person who does not do so.
Existing law requires the department to adopt regulations, including
procedures for verifying citizenship or legal residency of applicants
for driver's licenses and identification cards, and to make a
specified report, annually.
This bill would repeal those requirements on the date that the
Secretary of State receives a notice from the Director of Motor
Vehicles indicating that the department is in compliance with the
implementation of the federal Real ID Act of 2005 and on that date
would prohibit a peace officer from detaining or arresting a person
solely on the belief that the person is an unlicensed driver, unless
the officer has reasonable cause to believe that the person is under
the age of 16 years.
This bill would, however, until the date of receipt by the
Secretary of State of the notice, described above, require the
department to accept an original notice of action document that
contains a valid application verification number and is issued by a
regional service center of the federal Citizenship and Immigration
Service (CIS) of the United States Department of Homeland Security,
as proof that the driver's license applicant's presence in the United
States is authorized under federal law. (PU RN20052017904 )
The bill would require the department to use the Case Status
Service Online Internet Web site of the CIS, or any other
verification mechanism deemed acceptable by the CIS and the
department, to verify an applicant's pending status. (PU
RN20052017904 )
The bill would require a driver's license issued to a person
eligible under these provisions to be for a limited term of
30 18 months. The bill would require the
department to renew the license for consecutive one-year periods
until the date the department determines that the CIS has taken a
final action on the applicant's legal residency application, or until
the department has implemented the provisions of the federal Real ID
Act of 2005, whichever date occurs first. (PU RN20052017904
)
The bill would require the department to commence implementation
of the provisions relating to acceptance of CIS documents as proof of
an applicant's lawful presence on or before March 1, 2007.
(PU RN20052017904 )
(3) 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 would delete repeal that
provision , and, instead, would make it a misdemeanor to
knowingly assist in obtaining documents for another person in
violation of the federal Real ID Act of 2005. These changes would
become operative on the date of receipt by the Secretary of State of
the notice described above in paragraph (2) .
Because this bill would create a new crime, this bill would impose
a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(4)
(5) The bill would provide that its
provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
California Real ID Act of 2006.
SEC. 2. The Legislature intends by the enactment of this act to
accomplish the following:
(a) Meet or exceed the document and issuance standards set forth
in the federal Real ID Act of 2005 (Public Law 109-13), to ensure
that California has a federally recognized and acceptable driver's
license and identification card.
(b) Provide driver's licenses that permit driving, but cannot be
used for federal identification purposes, consistent with the federal
Real ID Act of 2005, to California drivers that cannot meet the
minimum identity confirmation requirements necessary to obtain a
federally recognized driver's license or identification card.
SEC. 3. Section 1653.6 is added to the Vehicle Code, to read:
1653.6. In the issuance of driver's licenses and identification
cards under this code, the department shall issue driver's licenses
and identification cards that are in compliance with Section 202 of
Title II of the federal Real ID Act of 2005 (Public Law 109-13).
SEC. 4. Section 12801.1 is added to the Vehicle Code, to read:
12801.1. (a) After the notice of adoption of the final
regulations implementing the federal Real ID Act of 2005 (Public Law
109-13) is published in the Federal Register, but no later than May
12, 2008
12801.1. (a) No later than
240 days after the Secretary of Homeland S ecurity
approves the state's implementation plan , the department shall
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 are in
compliance with the requirements of Section 202 of Title II of the
federal Real ID Act of 2005.
(b) The department, in compliance with the federal Real ID Act of
2005, and no later than 240 days after the notice described
in subdivision (a) is published in the Federal Register, shall issue
Secretary of Homeland Security approves the state's
implementation plan, shall issue driver's licenses that permit
driving, and are not acceptable by a federal agency for federal
identification or for any other official purpose pursuant to
paragraph (11) of subsection (d) of Section 202 of Title II of the
federal act, to those applicants who do not meet the requirements of
subparagraph (B) of paragraph (2) of subsection (c) of Section 202 of
that federal act.
SEC. 5. Section 12801.5 of the Vehicle Code is amended to read:
12801.5. (a) Notwithstanding any other provision of law, the
department shall require an 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.
(b) The department shall not issue an original driver's license or
identification card to a person who does not submit satisfactory
proof that the applicant's presence in the United States is
authorized under federal law.
(c) The department shall adopt regulations to carry out the
purposes of this section, including procedures for, but not limited
to, (1) verifying that the applicant's presence in the United States
is authorized under federal law, (2) issuance of a temporary license
pending verification of the applicant's status, and (3) appeal
hearings from a denial of a license, temporary license, or
identification card.
(d) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of verifying the citizenship or legal residency
of applicants for driver's licenses and identification cards, in
order for the state to request reimbursement from the federal
government.
(e) Notwithstanding Section 40300 or any other provision of law, a
peace officer may not detain or arrest a person solely on the belief
that the person is an unlicensed driver, unless the officer has
reasonable cause to believe the person driving is under the age of 16
years.
(f) The inability to obtain a driver's license pursuant to this
section does not abrogate or diminish in any respect the legal
requirement of every driver in this state to obey the motor vehicle
laws of this state, including laws with respect to licensing, motor
vehicle registration, and financial responsibility.
(g) (1) The director shall determine the date that the department
is in compliance with the implementation of the federal Real ID Act
of 2005 (Public Law 109-13).
(2) The director shall submit a notice of the determination under
paragraph (1) to the Secretary of State, and on the date of the
receipt of that notice by the Secretary of State, this section is
repealed.
SEC. 6. Section 12801.5 is added to the Vehicle Code, to read:
12801.5. (a) Notwithstanding any other provision of law, a peace
officer shall not detain or arrest a person solely on the belief that
the person is an unlicensed driver, unless the officer has
reasonable cause to believe that the person driving is under the age
of 16 years.
(b) The inability to obtain a driver's license pursuant to this
code does not abrogate or diminish in any respect the legal
requirement of a driver in this state to obey the motor vehicle laws
of this state, including laws with respect to licensing, motor
vehicle registration, and financial responsibility.
(c) This section shall become operative upon the receipt by the
Secretary of State of the notice specified in paragraph (2) of
subdivision (g) of Section 12801.5, as amended by Section 5 of the
act that added this section.
SEC. 7. Section 12801.9 is added to the Vehicle Code, to read:
12801.9. (a) The Legislature hereby finds and declares all of the
following:
(1) There are residents of California who have applied to the
federal Citizenship and Immigration Service (CIS) of the United
States Department of Homeland Security for legal residency and have
had their applications accepted by the CIS for processing.
(2) The persons described in paragraph (1), who have made
themselves known to the federal government and have had their
applications for adjustment of status accepted by the CIS for
processing, are not deportable based on their immigration status.
(3) Persons with pending applications for adjustment of status are
issued application verification numbers on their notice of action
document by the CIS. These application verification numbers are
unique to each individual and can be verified through the Case Status
Service Online Internet Web site of the CIS.
(4) California does not issue a driver's license to persons with
pending applications for adjustment of status. However, under the
federal Real ID Act of 2005 (Public Law 109-13), a temporary driver's
license issued to a person with a pending application for adjustment
of status would be accepted for official purposes under that federal
act.
(b) For purposes of Section 12801.5, the department shall accept
an original notice of action document that contains a valid
application verification number and is issued by a regional service
center of the CIS, as proof that the driver's license applicant's
presence in the United States is authorized under federal law.
(c) The department shall use the Case Status Service Online
Internet Web site of the CIS, or any other verification mechanism
deemed acceptable by the CIS and the department, to verify an
applicant's pending status.
(d) A driver's license issued to a person eligible under this
section shall be for a limited term of 30 18
months. The department shall renew the license for consecutive
one-year periods until the date the department determines that the
CIS has taken a final action on the applicant's legal residency
application, or until the department has implemented the provisions
of the federal Real ID Act of 2005, whichever date occurs first.
(e) The department shall commence implementation of this section
on or before March 1, 2007.
(f) This section is repealed on the date that the Secretary of
State receives the notice described in paragraph (2) of subdivision
(g) of Section 12081.5, as amended by Section 5 of the act that added
this section.
SEC. 8. Section 14610.7 of the Vehicle Code is
repealed.
SEC. 8. Section 14610.7 of the Vehicle
Code is amended to read:
14610.7. (a) It is a misdemeanor for
any a person to knowingly assist in
obtaining a driver's license or identification card for any
a person whose presence in the United States is
not authorized under federal law.
(b) This section is repealed on the date that the Secretary of
State receives the notice described in paragraph (2) of subdivision
(g) of Section 12081.5, as amended by Section 5 of the act that
amended this section. The repeal of this section shall not be
constured to forgive or legalize conduct prohibited by this section
that was committed prior to the repeal date.
SEC. 9. Section 14610.7 is added to the
Vehicle Code , to read:
14610.7. (a) (1) A person shall not knowingly assist in obtaining
a driver's license, identification card, or any other document for
another person in violation of Section 202 of Title II of the federal
Real ID Act of 2005 (Public Law 109-13).
(2) A violation of paragraph (1) is a misdemeanor.
(b) This section is cumulative and shall not be construed as
restricting the application of any other law. However, an act or
omission punishable differently by this section and another section
of this code or any other code shall not be punished under more than
one of those sections.
(c) This section shall become operative upon the receipt by the
California Secretary of State of the notice specified in paragraph
(2) of subdivision (g) of Section 12801.5, as amended by Section 5 of
the act that added this section.
SEC. 10. Section 40000.11 of the
Vehicle Code is amended to read:
40000.11. A violation of any of the following
provisions is a misdemeanor, and not an
infraction:
(a) Division 5 (commencing with Section 11100), relating to
occupational licensing and business regulations.
(b) Section 12500, subdivision (a), relating to unlicensed
drivers.
(c) Section 12515, subdivision (b), relating to persons under 21
years of age driving, and the employment of those persons to drive,
vehicles engaged in interstate commerce or transporting hazardous
substances or wastes.
(d) Section 12517, relating to a special driver's certificate to
operate a schoolbus or school pupil activity bus.
(e) Section 12519, subdivision (a), relating to a special driver's
certificate to operate a farm labor vehicle.
(f) Section 12520, relating to a special driver's certificate to
operate a tow truck.
(g) Section 12804, subdivision (d), relating to medical
certificates.
(h) Section 12951, subdivision (b), relating to refusal to display
a license.
(i) Section 13004, relating to unlawful use of an identification
card.
(j) Section 13004.1, relating to identification documents.
(k) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to
driving with a suspended or revoked driver's license.
(l) Section 14604, relating to unlawful use of a vehicle.
(m) Section 14610, relating to unlawful use of a driver's license.
(n) Section 14610.1, relating to identification documents.
(o) Section 14610.7 relating to assisting in the unlawful
attainment of identification documents.
(o)
(p) Section 15501, relating to use of false or
fraudulent license by a minor.
SEC. 11. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 9. SEC. 12. The provisions of
this act are severable. If any provision of this act or its
application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the
invalid provision or application.