BILL ANALYSIS
SB 1160
Page 1
Date of Hearing: June 26, 2006
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jenny Oropeza, Chair
SB 1160 (Cedillo) - As Amended: May 1, 2006
SENATE VOTE : 23-15
SUBJECT: Vehicles: driver's license
SUMMARY : 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 no later than 240 days
after the Secretary of Homeland Security approves the state's
implementation plan. 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. Specifically,
this bill :
1)Requires the Department of Motor Vehicles (DMV) to issue
driver's licenses and identification cards that are in
compliance with the federal Real ID Act of 2005.
2)Specifies that no later than 240 days after the Secretary of
Homeland Security approves the state's implementation plan the
DMV must issue driver's licenses that permit driving and are
acceptable by a federal agency for any official purpose.
3)Requires DMV, in compliance with the Real ID Act, and no later
than 240 days after 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 applications who do not provide valid
documentation of lawful status under the Federal ID Act.
4)Repeals existing statutory provisions that require driver's
license and ID card applicants to submit proof of their legal
presence in the United States and that prohibit DMV from
issuing driver's licenses and ID cards to persons who do not
provide that proof, 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
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Real ID Act of 2005.
5)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.
.
6)Repeals the current statute that establishes a misdemeanor for
knowingly assisting a person whose presence in the United
States is not legally authorized to obtain a driver's license
or ID card, 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.
7)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.
EXISTING STATE LAW:
1)Requires DMV, upon proper application, to issue, renew,
duplicate, or replace a driver's license or identification
card.
2)Requires applicants for driver's licenses and ID cards to
provide their Social Security numbers (SSNs) and proof of
their legal presence to DMV.
3) Requires DMV to verify the legal presence of driver's license
applicants. Pending that verification, DMV may issue a
temporary license.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, assuming that the bill results in a million new
license applicants in each of fiscal years (FY) 2006-07 and FY
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07-08 and 500,000 annually thereafter, DMV will sustain costs of
$40.2 million in FY 07-08, $34.8 million in FY 08-09. These
costs will be partially offset by revenues of $28.5 million in
FY 07-08 and $14.2 million in FY 08-09.
COMMENTS : 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, for adjustment of
status, verification number from the Federal Citizenship and
Immigration Services 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 provisions
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
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any person whose presence in the United States is not 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:
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
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
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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, have an
approved deferred action status, or have 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 requirement
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.
Federal Legislation: The relevant provisions of the Real ID Act
of 2005 are as follows:
1)Minimum License Document 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
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a) Provide a photo identity document.
b) Provide date of birth documentation.
c) Provide proof of social security number (or verification
that the applicant is not eligible).
d) 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":
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.
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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 identity
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 social
security number.
f) Limit term of a license or ID 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 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:
a) 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."
b) 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."
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.
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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.
4)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
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 Act would
impose new responsibilities, some significant, on DMV,
including:
1)Residency verification DMV does not presently engage in the
verification of an applicant's address.
2)Document verification 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
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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 "retain 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
"refuse 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 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.
ARGUMENTS IN SUPPORT :
The author and proponents contend that this bill requires
California, like other states, to meet the minimum document
design and security standards set forth in the Federal Real ID
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Act. In addition, proponents argue that, "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." All in all, proponents contend that this
bill will make California's highways safer by permitting all
California drivers to obtain a license and insurance.
ARGUMENTS IN OPPOSITOIN :
Opponents argue that Congress passed the Real ID Act without
review or hearings and, "over the objections of a broad cross
section of civil rights, immigrant rights, and community
organizations, as well as the National Governor's Association
and the National Conference of State Legislators." In addition,
opponents claim that the Real ID Act, "has unfair restrictions
that will penalize U.S. citizens as well as immigrants without
improving security and heightens the potential risk of identity
theft."
Previous Legislation:
SB 60 (Cedillo, 2005), would have required the State of
California to comply with the federal the Real ID Act of 2005.
That bill was vetoed by the Governor on October 10, 2005. In
his veto message the Governor stated the following:
"This bill is premature and could undermine national security
effort 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.
SB 60 (Cedillo), Chapter 324, Statutes of 2003, allowed full
licensure of drivers who could not document their legal presence
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in this country. That statute was repealed by SB 1 (Oller),
Chapter 1, Statutes of 2003, Third Extraordinary Session, prior
to its being implemented.
REGISTERED SUPPORT / OPPOSITION :
Support
AFL-CIO
American Federation of State, County, and Municipal Employees
(AFSCME)
Bienestar Human Services, Inc.
California Alliance for Retired Americans (CARSA)
California Catholic Conference
California Nurses Association
California School Employees Association
Casa Nicaragua
City of Santa Monica
Consumer Attorneys California
Gilmore Associates
The Salvadoran-American Leadership and Educational Fund
Gray Panthers California
Interfaith Coalition for Immigrant Rights
JERICHO
Jovenes, Inc.
Lexicon Marketing USA
Los Angeles Metropolitan Hispanic Chambers of Commerce
Mexican American Legal Defense and Education Fund (MALDEF)
National Association of Social Workers (NASW-CA)
Nisei Farmers League
North Valley Sponsoring Committee
Oakland Community Organizations
Office of the Mayor, Antonio R. Villariagosa
Peninsula Interfaith Action
Personal Insurance Federation of California
PICO California
Sacramento Area Congregations Together (ACT)
San Diego Organizing Project
Santa Clara Board of Supervisors
Soledad Enrichment Action Charter School
South Bay Latino Chamber of Commerce
South Bay Latino Chamber of Commerce
The Mexican American Community Services Agency, Inc.
The National Association of Social Workers, California Chapter
(NASW-CA)
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Unite Here Local 11
Ventura County Agricultural Association
Voluntarios de la Comunidad
Yolo County Sheriff's Department
Opposition
American Civil Liberties Union (ACLU) (oppose, unless amended)
California Association of Health Facilities (CAHF)
California Family Council
California Immigrant Welfare Collaborative (CIWC) (oppose,
unless amended)
Coalition for Humane Immigrant Rights of Los Angeles
Lawyer's Committee for Civil Rights of the San Francisco Bay
Area (oppose, unless amended)
Analysis Prepared by : Olivia Calderon / TRANS. / (916)
319-2093