BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1160|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1160
Author: Cedillo (D)
Amended: 5/1/06
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE : 7-3, 4/18/06
AYES: Lowenthal, Cedillo, Ducheny, Kehoe, Simitian, Soto,
Torlakson
NOES: McClintock, Ashburn, Dutton
NO VOTE RECORDED: Machado, Margett, Runner
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/25/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
SUBJECT : Federal Real ID Act: drivers license
eligibility
SOURCE : Author
DIGEST : This bill requires California to comply with the
requirements of the federal Real ID Act of 2005 for the
issuance of drivers licenses and identification (ID) cards
by May 12, 2008. The Real ID Act authorizes the issuance
of driver's licenses and ID cards to undocumented
immigrants, but the license or ID card may not be used for
any other official purpose, and must be a unique color or
design.
CONTINUED
SB 1160
Page
2
ANALYSIS :
Federal Legislation
The pertinent provisions included in the Real ID Act of
2005 are outlined below:
1. Minimum License Document Requirements
- Applicant's full legal name and gender.
- Applicant's date of birth.
- Digital photograph of the applicant.
- License number and applicant's signature.
- Applicant's residence address.
- Security features designed to prevent tampering,
counterfeiting, or duplication.
- Common machine readable technology.
2. Minimum Issuance Standards for Applicants
- Provide a photo identity document.
- Provide date of birth documentation.
- Provide proof of social security number (or
verification that the applicant is not eligible).
- Provide residence documentation.
3. Evidence of Lawful Status . A state "shall require,
before issuing a driver's license or ID card to a
person, valid documentary evidence that the person":
- Is a citizen or national of the United States.
- Is an alien lawfully admitted for permanent or
temporary residence.
- Has conditional permanent resident status.
- Has an approved application for asylum or has
refugee status.
- Has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status.
- Has a pending application for asylum.
- Has a pending or approved application for
temporary protected status.
- Has approved deferred action status.
- Has a pending application for adjustment of
status.
SB 1160
Page
3
4. Verification of Documents
- A state "shall verify, with the issuing agency,
the issuance, validity, and completeness of each
document required to be presented by the applicant."
- A state shall not accept any foreign document,
other than a passport.
- A state shall use the Systematic Alien
Verification for Entitlements to verify legal
presence.
5. Other Requirements
- Employ technology to capture digital images of
identity source documents.
- Retain paper documents for seven years or images
of source documents for 10 years.
- Subject applicants to mandatory facial image
capture.
- Establish "an effective procedure to confirm or
verify a renewing applicant's information."
- Confirm with the Social Security Administration a
social security number.
- Limit term of a license or ID card to eight years.
- Confirm that an out-of-state license applicant is
terminating or has terminated the license from that
state.
6. Licenses for Undocumented Persons . A state is
permitted to issue a driver's license or ID card to a
person without legal presence status providing that it
meets the following requirements:
- The license or ID card "clearly states on its face
that it may not be accepted by any Federal agency
for federal identification or any other official
purpose."
- The license or ID 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."
Existing state law requires the Department of Motor
SB 1160
Page
4
Vehicles (DMV) to issue driver's licenses and ID cards.
This bill requires DMV to issue driver's licenses that are
in compliance with the federal Real ID Act of 2005 no later
than 240 days after the Secretary of the United States
Department of Homeland Security (USDHS) approves the
state's implementation plan. It further requires DMV, no
later than 240 days following the Secretary of USDHS'
approval of the state's implementation plan, to issue
driver's licenses that permit driving but are not
acceptable by a federal agency for any official purpose, to
those applicants who are not able to demonstrate legal
presence status under the conditions that the license or ID
card has a distinguishing design or color and clearly
states that it may not be used for any official purpose.
The bill requires the Director of DMV to determine the date
the department is in compliance with the federal act and to
submit notice of compliance to the California Secretary of
State.
Existing state law requires an applicant for an original
driver's license or ID card to submit satisfactory proof
that the applicant's presence in the United States is
authorized under federal law. The California Code of
Regulations specifies approximately 27 documents that may
be submitted as satisfactory proof of legal presence
status. Existing law prohibits DMV from issuing original
driver's licenses to persons who cannot submit satisfactory
proof that the applicant has legal presence status.
This bill requires DMV to accept an original notice of
action document that contains a valid application
verification number as satisfactory proof that the driver's
license applicant's presence in the United States is
authorized under federal law. This bill further repeals
the section prohibiting DMV from issuing an original
driver's license or ID card to applicants who cannot
demonstrate that their presence is authorized under federal
law on the date the Secretary of State receives notice that
DMV is in compliance with the federal act.
Existing state law makes it a misdemeanor for any person to
assist knowingly in obtaining a driver's license or ID card
for any person whose presence in the United States is not
SB 1160
Page
5
authorized under federal law.
This bill deletes that provision on the date that the
Secretary of State receives notification from the Director
of DMV that the department is in compliance with the
implementation of the Real ID Act of 2005, and specifies
that the repeal of this section shall not be construed to
forgive or legalize conduct prohibited by the section that
was committed prior to the repeal date.
This bill makes it a misdemeanor, upon the date that the
Secretary of state receives notification from the Director
of DMV that the department is in compliance with the
implementation of the Real ID Act of 2005, to knowingly
assist in obtaining a driver's license, ID card, or any
other document for another person in violation of the Real
ID Act, and specifies that a violation of this provision
which is also punishable under another code section shall
not be punished under more than one of the sections.
Background
Current law provides that DMV shall "require every
applicant for an original driver's license or ID 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 DMV."
The legal presence provision was enacted by the Legislature
[SB 976 (Alquist), Chapter 820, Statutes of 1993] in order
to make the driver's license a more secure form of ID with
the intent of preventing undocumented persons from being
licensed or obtaining department ID cards. The supporters
of SB 976 asserted that the driver's license was a "breeder
document" that was used to acquire other documentation and
served as the most widely accepted form of personal ID 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
SB 1160
Page
6
that applicants for an original driver's license or ID 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 Bureau of Citizenship & Immigration
Services (formerly the Immigration and Naturalization
Service) documents submitted by applicants, DMV 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 DMV
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 USDHS.
A point of contention regarding the implementation of SB
976 concerned the interpretation of the phrase, "authorized
presence under federal law." By requiring approved
immigration documents (as opposed to pending), DMV
interpreted this phrase to mean "legal status" as opposed
to "authorized presence." Some consider DMV's definition
to be an overly narrow interpretation of statute and have
raised questions concerning whether DMV should accept
notices of pending applications for legal status as
satisfactory proof that the applicant's presence is
authorized under federal law. Because persons with pending
applications have made themselves known to the federal
government and are not deportable based on their
immigration status, some argue that pending applications
demonstrate that the applicant's presence in the United
States is indeed authorized under federal law.
Enter Real ID . The Real ID Act of 2005 emerged as one
response to the terrorist attacks that occurred on
September 11, 2001, in New York City and Washington, D.C.
This event 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 ID purposes to board and later commandeer the ill-fated
airliners on September 11. As a result of these attacks, a
SB 1160
Page
7
federal commission, the National Commission on Terrorist
Attacks upon the United States (9/11 Commission), was
established. In its final report, the 9/11 Commission
concluded 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, Congress enacted H.R. 1268, the "Real ID Act of
2005," which is intended to improve the security of
driver's licenses and ID cards issued by the states. The
Act includes certain minimum document and license issuance
requirements, as described below. The Act allows for three
types (or "tiers") of driver's licenses. For driver's
license applicants meeting all of the requirements,
including demonstrating lawful presence, the state shall
issue a driver's license that may be used by federal
agencies for official purposes (Tier 1). For those
applicants who have an application for legal status
pending, has an approved deferred action status, or has
temporary protected status, DMV shall issue a temporary
driver's license or ID card that may be used by federal
agencies for official purposes (Tier 2). Finally, for
those applicants who are unable to demonstrate lawful
presence, a state may issue a driver's license or ID card,
providing the license meets certain appearance requirements
and clearly states that it cannot be used for any official
purpose (Tier 3).
While not specifically mandating the provisions of the Real
ID Act on states, if a state fails to implement the
provisions of the federal legislation by May 12, 2008, a
federal agency would not be authorized to accept a license
issued by that state for any official purpose, including to
board an airplane or enter a federal building or facility.
Thus, it is expected that all the states will adopt these
provisions. Starting in May 2008, to be in compliance, DMV
must issue original and renewal driver's licenses and ID
cards in accordance with the Act such that by 2013, all
existing driver's license and ID card holders will have met
the requirements of the Act.
Comments
SB 1160
Page
8
The Real ID Act was enacted May 11, 2005, and states are
expected to comply within three years from that date. To
comply with the Real ID Act, several things must first
happen, several of which are beyond the state's control:
1. The USDHS must promulgate regulations to implement the
Act. USDHS is expected to complete a proposal for
regulations for submission to the federal Office of
Management and Budget (OMB) by May 15, 2006. OMB has 90
days to review the proposal and return it with comments
to USDHS. USDHS then has 60 days for public comment.
Assuming substantive revisions will not be required nor
litigation initiated, the earliest USDHS may be able to
publish final regulations in the Federal Register is
November of this year.
2. Once federal regulations have been promulgated,
California must develop and adopt its own regulations.
Statutory changes and budget proposals will also be
needed. To date, DMV has identified approximately 34
issues requiring statutory change, many of which involve
multiple sections of law. DMV intends to pursue
implementing legislation in 2007.
3. Finally, DMV must develop and submit an implementation
plan to USDHS. Once the state's implementation plan has
been reviewed and approved by USDHS, California will be
deemed to be in compliance with the federal Real ID Act
of 2005.
These steps will likely consume a good portion of the next
two years, and the federal and state regulations could look
significantly different from the measure itself. In its
materials submitted to the Senate Budget Subcommittee #4 on
the Real ID Act, DMV makes clear that many of the Act's
provisions are vague, making it difficult for the
department to plan: "As a result of the vagueness of many
of the Act's provisions, we are also preparing contingency
plans."
New DMV responsibilities will strain department resources .
While the State of California utilizes advanced processing
and verification processes regarding the issuance of
driver's licenses, the requirements included in the Real ID
SB 1160
Page
9
Act would impose new responsibilities, some significant, on
DMV, including:
1. Residency verification . The DMV does not presently
engage in the verification of an applicant's address.
2. Document verification . The DMV will be required to
"verify, with the issuing agency, the issuance,
validity, and completeness of each document required to
be presented by the (applicant)." There is currently no
system or process for the efficient verification of many
of the documents that DMV now handles, including such
popular and widely used documents as birth certificates,
passports, and other federally-issued documents. The
federal government allows that the success of this
provision depends on the completion or strengthening of
several databases, one to verify birth documents and one
ASVI to verify immigration status. (ASVI currently only
contains information concerning approved and rejected
applications. It does not contain data on applications
that are pending.) This work is in progress.
3. Document retention . DMV will be required to "[r]etain
paper copies of source documents for a minimum of 7
years or images of source documents presented for a
minimum of 10 years." DMV does not presently engage in
document retention.
4. Termination of out-of-state licenses . DMV will be
required to "[r]efuse to issue a driver's license or ID
card to a person holding a driver's license issued by
another state without confirmation that the person is
terminating or has terminated the driver's license."
Presently there is not a system of electronic
verification of this information. DMV indicates that it
processes approximately 1 million driver's license
applications annually, and perhaps as many as 250,000 of
those applications are from persons relocating to
California.
The Bureau of Citizenship & Immigration Services estimates
there may be 2.5 million undocumented immigrants currently
residing in the State of California, and approximately 2.0
million may be of driving age. It is not known how many of
SB 1160
Page
10
this population would apply for a driver's license under
the auspices of this measure, but DMV estimates
approximately one million additional applications in the
first six months following implementation and another one
million additional applications in the subsequent 12
months. Furthermore, DMV will have to suspend its
renewal-by-mail and renewal-by-Internet programs for good
drivers who normally would not have to visit a field office
for 15 years. This will result in an additional annual
workload of 2.5 million customers from 2008-2013.
Previous legislation . The following bills either
authorized DMV to issue a driver's license to either an
undocumented immigrant or to a person that has applied for
legal status: SB 60 (Cedillo, 2005), 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, 1999).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08
2008-09 Fund
DMV administration $40,200 $34,800
$8,500 Special*
License revenue gain $28,500 $14,250
$14,250 Special*
* Motor Vehicle Account
NOTE: Figures assume one million new applicants in
2006-07, and 500,000 new applicants in each of the next
two years.
SUPPORT : (Verified 5/25/06)
SB 1160
Page
11
American Federation of State County and Municipal
Employees, AFL-CIO
Bienestar Human Services, Inc.
California Alliance for Retired Americans
California Catholic Conference
California Nurses Association
California School Employees Association
City of Los Angeles
Consumer Attorneys of California
County of Santa Clara
Gilmore Associates
Guerrero Jacobs & Schlesinger LLP
Gray Panthers
Interfaith Coalition for Immigrant Rights
JERICHO
Jovenes, Inc. Youth, Inc.
Latino Chamber of Commerce
Lexicon
Los Angeles Metropolitan Hispanic Chambers of Commerce
Mexican American Community Services Agency, Inc.
Mexican American Legal Defense and Educational Fund
National Association of Social Workers
Nisei Farmers League
North Valley Sponsoring Committee
Oakland Community Organizations
Peninsula Interfaith Action
Personal Insurance Federation of California
PICO California
Sacramento Area Congregations Together
Soledad Enrichment Action Charter School
South Bay Latino Chamber of Commerce
The Salvadorian-American Leadership and Education Fund
Ventura County Agricultural Association Local 11
Voluntarios de la Comunidad
Yolo County Sheriff's Department
OPPOSITION : (Verified 5/25/06)
American Civil Liberties Union
California Family Council
California Immigrant Welfare Collaborative
Californians for Population Stabilization
Coalition for Humane Immigrant Rights of Los Angeles
SB 1160
Page
12
Lawyers' Committee for Civil Rights of the San Francisco
Bay Area
ARGUMENTS IN SUPPORT : The Personal Insurance Federation
of California (PIFC) writes:
"California issues driving licenses to ensure that
drivers have a demonstrated basic understanding and
necessary competence of the rules of the road, both for
their safety and for the safety of other drivers. For
65 years until 1994, California licensed all drivers
that met these requirements without regard to
immigration status. SB 1160 will allow all
Californians who drive to be tested for their
competency. PIFC supports SB 1160 for these pertinent
reasons:
- Trained, tested, and insured drivers enhance
public safety for everyone. By allowing all
California residents to apply for a driver's license
and learn the rules of the road, SB 1160 will improve
highway safety and protect the lives of all
Californians.
- Ensuring all California drivers have access to
auto insurance will help reduce costs for all
motorists. Unlicensed rivers are unable to obtain
auto insurance and are more likely to pass the costs
associated with an accident on to insured drivers,
driving up insurance costs."
ARGUMENTS IN OPPOSITION : The opposition raises concerns
about privacy and identity theft risks posed by the Real ID
Act. The "common machine-readable technology" required by
Real ID for cards issued in compliance with this act could
allow for easy, computerized transfer of data for
commercial and/or illicit purposes. Further, the creation
of a single, interlinked database with copies of all birth
documents and other identity documents would create,
according to the American Civil Liberties Union, a
"one-stop shop for identity thieves."
JJA:mel 5/25/06 Senate Floor Analyses
SB 1160
Page
13
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****