BILL ANALYSIS
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THIRD READING
Bill No: SB 60
Author: Cedillo (D), et al
Amended: 5/23/07
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 7-4, 3/27/07
AYES: Lowenthal, Cedillo, Corbett, Kehoe, Oropeza,
Simitian, Torlakson
NOES: McClintock, Ashburn, Dutton, Harman
SENATE APPROPRIATIONS COMMITTEE : 9-6, 5/31/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
NO VOTE RECORDED: Battin, Simitian
SUBJECT : Federal Real ID Act: drivers license
eligibility
SOURCE : Author
DIGEST : This bill requires the State of California to
comply with the federal Real ID Act of 2005, a measure that
establishes standards for the issuance of drivers licenses
and identification cards that may be used by federal
agencies for official purposes. In complying with the Real
ID Act, this bill requires the Department of Motor Vehicles
(DMV) to issue drivers' licenses and identification cards
to persons who are not able to demonstrate legal presence
status.
CONTINUED
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ANALYSIS : Existing law requires DMV to issue drivers'
licenses and identification cards under specified
conditions, including providing proof of legal presence in
the United States. An applicant for an original driver's
license or identification card is required 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. DMV is prohibited from issuing
original drivers' licenses to persons who cannot submit
satisfactory proof that the applicant has legal presence
status. It is a misdemeanor for any person to assist
knowingly 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 requires DMV to issue drivers' licenses that are
in compliance with the federal Real ID Act of 2005. It
further requires DMV, no later than 240 days following
notice that the state is in compliance with the Real ID
Act, to issue drivers' 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. This bill requires the director of DMV to
determine the date the department shall commence the
issuance of driver's licenses in compliance with the Real
ID Act and to submit notice of determination to the
Secretary of State.
This bill further repeals the section prohibiting DMV from
issuing an original driver's license or identification card
to applicants who cannot demonstrate that their presence is
authorized under federal law on the date the Secretary of
State receives the notice of determination from the DMV
Director.
Finally, this bill deletes the provision that it is a
misdemeanor for any person to assist knowingly in obtaining
a driver's license or identification card for any person
whose presence in the United States is not authorized under
federal law, and upon receipt by the Secretary of State of
the notice of determination from the DMV Director, instead
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makes it a misdemeanor for any person to assist knowingly
in obtaining a driver's license or identification card that
is in violation of the Real ID Act.
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 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
identification with the intent of preventing undocumented
persons from being licensed or obtaining department
identification 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 identification 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 DMV 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 Systematic Alien
Verification for Entitlements (SAVE), an electronic
intergovernmental-sharing system maintained by the United
States Department of Homeland Security (DHS) to ensure that
only legally entitled aliens receive government benefits
and services. The DMV reports that it processed 1.6
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million legal presence documents during Fiscal Year
2003-04, including more than 500,000 documents issued by
agencies within the newly created DHS.
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 federal 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.,
including the plane overtaken in Pennsylvania. 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
drivers' licenses, primarily from the State of Florida and
the Commonwealth of Virginia, which were used for
identification purposes to board and later hijack 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 identification cards issued by the
states. The federal act includes certain minimum document
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and license issuance requirements, as described below. The
federal act allows for three types 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. For those
applicants who have an application for legal status
pending, has an approved deferred action status, or has
temporary protected status, a state shall issue a temporary
driver's license or identification card that may be used by
federal agencies for official purposes. Finally, for those
applicants who are unable to demonstrate lawful presence, a
state may issue a driver's license or identification card,
providing the license meets certain appearance requirements
and clearly states that it cannot be used for any official
purpose.
While not specifically mandating the provisions of the Real
ID Act on states, the Real ID Act provides that if a state
fails to implement its provisions, a federal agency would
not be authorized to accept a license issued by that state
for any official purpose, including, boarding an airplane
or entering a federal building or facility. Thus, it is
expected that all the states will adopt these provisions.
The federal act originally required implementation to begin
in May 2008, however, the draft regulations that the
federal government released March 9, of this year, delayed
the start date. Regardless of the start date, to be in
compliance, DMV must issue original and renewal drivers'
licenses and identification cards in accordance with the
act such that by 2013, all existing driver's license and
identification card holders will have met the requirements
of the act.
Federal Legislation
The pertinent provisions included in the Real ID Act of
2005 are outlined below:
1. Minimum License Document Requirements
A. Applicant's full legal name and gender.
B. Applicant's date of birth.
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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 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 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 residency.
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.
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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
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 identification card to
eight years.
G. Confirm that an out-of-state license applicant is
terminating or has terminated the license from that
state.
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6. Licenses for Undocumented Persons
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 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 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."
Previous legislation . The following bills authorized DMV
to issue a driver's license to either an undocumented
immigrant or to a person that has applied for legal status:
SB 1160 (Cedillo), 2005-06 session
SB 60 (Cedillo), 2005-06 session--vetoed
AB 2895 (Nunez), 2003-04 session--vetoed
SB 1160 (Cedillo), 2003-04 session
SB 60 (Cedillo), Chapter 326, Statutes of 2003
SB 1X (Oller), Chapter 1, Statutes of 2003-04 Third
Extraordinary Session--repealed SB 60
AB 60 (Cedillo), 2001-02 session--vetoed
SB 804 (Polanco), 2001-02 session, required criminal
background checks for persons applying for a driver's
license under AB 60--vetoed
AB 1463 (Cedillo), 1999-2000 session--vetoed
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09
2009-10 Fund
DMV administration -----multi-million dollar
costs----- Special*
License revenue gain -----multi-million dollar
gains----- Special*
* Motor Vehicle Account
SUPPORT : (Verified 6/1/07)
American Federation of State, County and Municipal
Employees
Bienestar Human Services, Inc.
California ACORN
California Alliance for Retired Americans
California Catholic Conference
California Nurses Association
California School Employees Association
California Teachers Association
CASA Nicaragua
Consumer Attorneys of California
Gilmore Associates
Gray Panthers
Jericho
Jovenes, Inc.
Lambda Letters Project
Latin American Agents Association
Los Angeles Police Department
Los Angeles Unified School District
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
Office of the Mayor Antonio Villaraigosa, City of Los
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Angeles
Personal Insurance Federation of California
PICO California
Salvadoran-American Leadership and Educational Fund
South Bay Latino Chamber of Commerce
Unite Here Local 11
Ventura County Agricultural Association
Yolo County Sheriff's Department
OPPOSITION : (Verified 6/1/07)
American Civil Liberties Union
Bay Area Immigrant Rights Coalition
California Family Council
California Federation of Republican Women
California Immigrant Policy Center
Lawyers' Committee for Civil Rights of San Francisco Bay
Area
Privacy Rights Clearinghouse
ARGUMENTS IN SUPPORT : The Personal Insurance Federation
of California (PIFC) states in support:
"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 60 will allow all Californians
who drive to be tested for their competency. PIFC
supports SB 60 for these pertinent reasons:
Trained, tested, and insured rivers 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 60 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 rivers, driving up insurance
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costs."
ARGUMENTS IN OPPOSITION : The opposition raises concerns
about privacy and identity theft risks posed by the federal
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."
Other opponents argue that individuals who are in the
United States "illegally" are "breaking the law" and
therefore should not be afforded the privilege of holding a
driver's license.
JJA:mw 6/2/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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