BILL NUMBER: SB 60	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2008
	PASSED THE ASSEMBLY  AUGUST 29, 2008
	AMENDED IN ASSEMBLY  AUGUST 31, 2007
	AMENDED IN ASSEMBLY  JULY 3, 2007
	AMENDED IN SENATE  MAY 23, 2007
	AMENDED IN SENATE  APRIL 10, 2007

INTRODUCED BY   Senator Cedillo
   (Coauthors: Senators Calderon, Kuehl, Oropeza, and Romero)
   (Coauthors: Assembly Members Arambula, Coto, De Leon, Dymally,
Hernandez, Mendoza, Parra, Saldana, Soto, and Torrico)

                        JANUARY 11, 2007

   An act to amend Section 40000.11 of, to amend, repeal, and add
Sections 12801.5 and 14610.7 of, and to add Sections 1653.6 and
12801.1 to, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 60, Cedillo. Vehicles: driver's licenses.
   (1) Existing law requires the Department of Motor Vehicles, 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 would require the department to issue a driver's license
that permits driving and is acceptable by a federal agency for any
official purpose, as certified by the federal Secretary of Homeland
Security, to an applicant who is in compliance with specified
requirements of specified provisions of the federal act, no later
than 240 days after the United States Secretary of Homeland Security
approves the state's implementation plan of the federal act.
   The bill also would require the department, in compliance with the
federal act, and no later than 240 days after the United States
Secretary of Homeland Security approves the state's implementation
plan, to issue a driver's license that permits driving, and is not
acceptable by a federal agency for federal identification or for any
other official purpose, to an applicant who does 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 annual report.
   This bill would repeal those requirements on the date that the
Secretary of State receives a notice from the Director of Motor
Vehicles indicating the date that the department shall commence the
issuance of driver's licenses in compliance with the implementation
of the federal Real ID Act of 2005.
   (3) Existing law makes it a misdemeanor for a person to knowingly
assist in obtaining a driver's license or identification card for a
person whose presence in the United States is not authorized under
federal law.
   This bill would 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.
   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.
   (5) The bill would provide that its provisions are severable.


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 2007.
  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 a driver's license and identification
card under this code, the department shall issue a driver's license
and an identification card 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) No later than 240 days after the United States
Secretary of Homeland Security approves the state's implementation
plan of the federal Real ID Act of 2005 (Public Law 109-13), the
department shall issue a driver's license that permits driving and is
acceptable by a federal agency for any official purpose, as
certified by the Secretary of Homeland Security, to an applicant who
is 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 United States Secretary of
Homeland Security approves the state's implementation plan, shall
issue a driver's license that permits driving, and is 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 Real ID Act of 2005, to an
applicant who does 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 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 the person driving is under 16 years
of age.
   (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
shall commence the issuance of driver's licenses under Section
12801.1.
   (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 16 years
of age.
   (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 14610.7 of the Vehicle Code is amended to read:
   14610.7.  (a) It is a misdemeanor for a person to knowingly assist
in obtaining a driver's license or identification card for 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 12801.5, as amended by Section 5 of the act that
amended this section. The repeal of this section shall not be
construed to forgive or legalize conduct prohibited by this section
that was committed prior to the repeal date.
  SEC. 8.  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
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. 9.  Section 40000.11 of the Vehicle Code is amended to read:
   40000.11.  A violation of any of the following is a misdemeanor,
and not an infraction:
   (a) Division 5 (commencing with Section 11100), relating to
occupational licensing and business regulations.
   (b) Subdivision (a) of Section 12500, relating to unlicensed
drivers.
   (c) Subdivision (b) of Section 12515, 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
material.
   (d) Section 12517, relating to a special driver's certificate to
operate a schoolbus or school pupil activity bus.
   (e) Subdivision (a) of Section 12519, 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) Subdivision (b) of Section 12951, relating to refusal to
display a license.
   (h) Section 13004, relating to unlawful use of an identification
card.
   (i) Section 13004.1, relating to identification documents.
   (j) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to
driving with a suspended or revoked driver's license.
   (k) Section 14604, relating to unlawful use of a vehicle.
   (l) Section 14610, relating to unlawful use of a driver's license.

   (m) Section 14610.1, relating to identification documents.
   (n) Section 14610.7, relating to assisting in the unlawful
attainment of identification documents.
   (o) Section 15501, relating to use of a false or fraudulent
license by a minor.
  SEC. 10.  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. 11.  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.