BILL NUMBER: AB 772 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 26, 2009
An act to add Chapter 17 (commencing with Section 26495) to Part 2
of Division 2 of Title 3 of the Government Code, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
AB 772, as introduced, Ammiano. The Local Government
Identification Act.
Existing law authorizes the Department of Motor Vehicles to issue
an identification card to any person attesting to the true full name,
correct age, and other identifying data as certified by the
applicant for the identification card, and authorizes the department
to refuse to issue an identification card under certain
circumstances.
This bill would establish the Local Government Identification Act,
which would authorize county governments to issue identification
cards to persons who can provide proof of identity and proof of
residency, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 17 (commencing with Section 26495) is added to
Part 2 of Division 2 of Title 3 of the Government Code, to read:
CHAPTER 17. LOCAL GOVERNMENT IDENTIFICATION ACT
26495. This act is known, and may be cited, as the Local
Government Identification Act.
26495.1. A county may, pursuant to this chapter, issue local
government identification cards to its residents, on a voluntary
basis.
26495.2. As used in this chapter, unless the context indicates
otherwise, the following terms have the following meanings:
(a) "Clerk" means the office of the county clerk.
(b) "County" means a county or a city and county.
(c) (1) "Local identification card" means an identification card
issued by the county that shall display, including, but not limited
to, the following information:
(A) The cardholder's name.
(B) The cardholder's photograph.
(C) The cardholder's date of birth.
(D) An expiration date.
(2) The local government identification card shall not identify
the cardholder's gender.
(d) "Resident" means a person who can demonstrate that he or she
has been present in the issuing county for at least 15 continuous
days, and who can provide a proof of residency, as provided in
subdivision (c) of Section 26495.3.
26495.3. (a) To obtain an identification card, a resident shall
complete an application, provided by the county, which shall require
proof of identity and proof of residence within the county. Upon
receipt and verification of the proof of identity, pursuant to
subdivision (b), and proof of residency, pursuant to subdivision (c),
the clerk shall issue an identification card to the applicant.
(b) To establish identity, the applicant shall present either of
the following:
(1) (A) One of the following documents, which shall contain both
the applicant's photograph and the applicant's date of birth:
(i) A United States or foreign passport.
(ii) A driver's license issued by any state in the United States.
(iii) A state identification card issued by any state in the
United States.
(iv) A United States Permanent Residency Card, otherwise known as
a green card.
(v) A consular identification card.
(vi) A photo identification card issued by another county to its
residents or nationals.
(B) Notwithstanding subparagraph (A), if the applicant is under 13
years of age, the applicant may alternatively present a certified
copy of a United States or foreign birth certificate.
(2) (A) Two of the following documents, at least one of which
shall display the applicant's photograph and date of birth:
(i) A national identification card with a photograph of the
applicant, the applicant's name, address, date of birth, and the date
the identification expires.
(ii) A foreign driver's license.
(iii) A United States or foreign military identification card.
(iv) A current visa issued by a government agency.
(v) A United States Individual Taxpayer Identification Number
authorization letter.
(vi) An identification card issued by an educational institution,
including an elementary, middle, secondary, or postsecondary school,
in this state.
(vii) A certified copy of a United States or foreign birth
certificate.
(viii) A social security card.
(B) Notwithstanding subparagraph (A), if the applicant is under 13
years of age, the applicant may alternatively present an official
medical record or official school record to establish identity under
this section. One of the two forms of identification presented shall
display the applicant's date of birth.
(c) (1) To establish residency, each applicant shall present one
of the following items, which shall include both the applicant's name
and a residential address located within the county:
(A) A utility bill dated within the last 30 days.
(B) A written verification issued by a homeless shelter that
receives county funding confirming at least 15 days' residency within
the last 30 days.
(iii) Written verification issued by a hospital, health clinic, or
social services agency that receives county funding confirming at
least 15 days' residency within the last 30 days.
(iv) A local property tax statement or mortgage payment receipt
dated within the last 30 days.
(v) A bank account statement dated within the last 30 days.
(vi) Proof of a minor currently enrolled in a public school within
the county.
(vii) An employment pay stub dated within the last 30 days.
(viii) A jury summons or court order issued by a state or federal
court dated within the last 30 days.
(ix) An automobile, health, homeowner's, life, or renter's
insurance bill dated within the last 30 days.
(x) A marriage certificate, along with documents bearing the name
of the applicant's spouse.
(2) The board of supervisors may, by ordinance, provide that an
applicant that is under 13 years of age and cannot provide any of the
evidence set forth in subparagraph (A) of paragraph (1), a parent or
legal guardian may verify the applicant's residency, if that parent
or guardian would be eligible for a municipal identification card.
(d) The board of supervisors may, by ordinance, authorize the
clerk to accept alternative forms of proof of identity, pursuant to
subdivision (b), or proof of residency, pursuant to subdivision (c),
if the alternate forms of proof of identity meet any of the following
conditions:
(1) The proof of identity is issued by a governmental entity.
(2) The proof of identity is issued by an entity that takes
reasonable steps to verify the identity or residence of the
individual to whom the item is issued.
(3) The proof of identity is of a type that is normally accepted
as proof of identity or proof of residency in the ordinary course of
business.
(e) An application submitted on behalf of a minor shall be
completed by the minor's parent or legal guardian.
(f) (1) The clerk shall keep confidential the name and other
identifying information of persons applying for, and receiving,
municipal identification cards. The clerk shall not keep a record of
the applicant's residential address.
(2) The application shall include an option for the applicant to
select his or her privacy preferences.
26495.4. The board of supervisors may adopt rules and
regulations, consistent with this chapter, to implement, and, to
administer the implementation of, this chapter.
26495.5. The board of supervisors may impose a fee of not more
than fifteen dollars ($15) per card for persons over 18 years of age,
and a fee of not more than five dollars ($5) per card for minors and
seniors who present proof of age in a form to be determined by the
board. The fee shall not exceed administrative costs reasonably
associated with the production of the cards, and the board shall
provide for a reduced application fee or a waiver of the application
fee for low-income applicants who can provide proof of income.
26495.6. In a county that issues local government identification
cards, every agency, department, and office of the county, and every
city, and every agency, department, and office of the city, shall
accept a municipal identification card for proof of identification or
proof of residency, except where otherwise provided by law.
26495.7. This chapter shall not be construed to replace or
supplant any other existing requirements for issuance of other forms
of identification in connection with any city, county, state, or
federal benefits and services.