BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 772
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 772 (Ammiano)
          As Amended  July 15, 2009
          Majority vote
           
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          |ASSEMBLY:  |50-30|(May 28, 2009)  |SENATE: |23-13|(August 31,    |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:   L. GOV.  

           SUMMARY  :  Establishes the Local Government Identification Act,  
          which would authorize counties to issue local identification  
          cards (local ID cards) to persons who can provide proof of  
          identity and proof of residency within the county.

           The Senate amendments  authorize every city, redevelopment  
          agency, school district, special district, and any other local  
          agency located in a county that issues local ID cards to accept  
          the local ID cards as proof of identification or proof of  
          residency except where otherwise provided by law.

           EXISTING LAW  authorizes the Department of Motor Vehicles (DMV)  
          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 DMV to refuse to issue an identification card under  
          certain circumstances.

           AS PASSED BY THE ASSEMBLY  , this bill:  

          1)Authorized a county to issue a local ID card to its residents  
            on a voluntary basis.

          2)Prohibited the local ID card from displaying the cardholder's  
            gender. 

          3)Stated that a minor, 13 years of age and older, is allowed to  
            apply for a local ID card so long as the proofs of identity  
            and residency are met and the minor's parent or legal guardian  
            completes the application.

          4)Required the county clerk to keep confidential the names and  
            other identifying information or persons applying for and  








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            receiving local ID cards.  The county clerk is prohibited from  
            keeping a record of the applicant's residential address.

          5)Limited the board of supervisors to imposing a fee of not more  
            than $15 per local ID card for persons over the age of 18 and  
            a fee of not more than $5 per local ID card for minors and  
            seniors who present proof of age.

          6)Required every county agency, department, and office in a  
            county that elects to issue local ID cards to accept the local  
            ID cards for proof of identification or proof of residency  
            except where otherwise provided for by law.

           FISCAL EFFECT  :  None

           COMMENTS  :  The author states that existing state and federal law  
          establishes provisions for state-issued identification cards  
          that require documentation of a person's gender and legal  
          immigration status.  Many residents are ineligible to receive an  
          identification card or driver's license from DMV because of  
          their status as an undocumented immigrant.  Some transgender  
          individuals, who publicly identify as a gender different than  
          that on their driver's license or DMV identification card, are  
          turned away or made uncomfortable when they try to use their ID.
          The author says that those individuals without legal,  
          recognized, government-issued ID cards are unable to open bank  
          accounts, prove age, prove residency, or otherwise demonstrate  
          proof of identity when necessary.

          This bill exempts from the Public Records Act the names and  
          other identifying information of those applying for and  
          receiving local ID cards.  This bill goes a step further and  
          also prohibits the county clerk from keeping a record of an  
          applicant's residential address.  Under current law, any  
          residence address provided to DMV is confidential, but a mailing  
          address can be disclosed under certain circumstances, such as  
          the assessment of driver risk or ownership of vehicles.  Someone  
          who is the subject of stalking also can make a request to keep  
          all of their DMV records confidential.  Specified officials,  
          such as judges, can request to keep their residential address  
          confidential, too.  The Legislature may wish to consider whether  
          requiring a county clerk to not even keep a record of  
          applicants' residential address in addition to making the names  
          and other identifying information of applicants confidential is  
          too broad.  Under these proposed restrictions, a county clerk  








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          might not be able to verify to a third party, such as a  
          financial institution, whether or not the local ID card  
          presented to the third party was not counterfeit. 

          As part of the USA Patriot Act, federally regulated banks and  
          saving associations, credit unions, and non-federally regulated  
          private banks, trust companies, and credit unions (banks) are  
          required to comply with Customer Identification Program  
          regulation (CIP), 31 CFR 103.121, for all accounts established  
          on or after October 1, 2003.  Banks are required to implement a  
          written CIP that includes, among other things, account-opening  
          procedures that specify the identifying information that will be  
          obtained from each customer.  These procedures must enable the  
          bank to form a reasonable belief that it knows the true identity  
          of each customer.  At a minimum, banks are required to obtain  
          from each customer opening an account their name, date of birth,  
          address, and taxpayer identification number.  The banks are  
          required to then use documentary methods to verify a customer's  
          identity.  Certain types of documents have long been considered  
          primary sources of identification, including a driver's license  
          and passport, and are preferred.  Other forms of identification  
          may be used if they enable the bank to form a reasonable belief  
          that it knows the true identity of the customer.  However, banks  
          are warned by the federal government that counterfeit and  
          fraudulently obtained documents are widely available.

          This bill would allow counties to issue local ID cards that  
          banks may or may not accept as a valid form of verifying a  
          customer's identity.  The USA Patriot Act does not prohibit a  
          bank from accepting this form of identification, but it also  
          cautions banks on accepting identification that could be easy to  
          counterfeit and obtain fraudulently.  Because it is unclear  
          under this bill's provisions whether a bank would be unable to  
          verify with the county issuing the local ID cards that a local  
          ID card was issued for that person, a bank may be unable to form  
          a reasonable belief that it knows the true identity of the  
          customer presenting the local ID card.  Therefore, the  
          Legislature may wish to consider whether there is a probability  
          that banks would accept a local ID card as authorized under this  
          bill.

          This bill will not be accepted as a valid form of passenger  
          identification at airports or for entering federal buildings.   
          The federal Transportation Security Administration (TSA) accepts  
          only a federal or state-issued identification that contains the  








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          name, date of birth, gender, expiration date, and  
          tamper-resistant feature.  Because the local ID cards would be  
          neither state-issued nor identify the gender of the passenger,  
          the local ID cards would not be accepted by TSA.  The  
          Legislature may want to consider whether the limitations of the  
          local ID card program are worth the potential costs to local  
          governments of administering it.  

          The San Francisco City ID Card (SFIDC) program was approved by  
          an ordinance passed November 20, 2007, by the board of  
          supervisors.  The program officially started January 15, 2009.   
          The Legislature may wish to consider whether it would be better  
          to wait for this pilot program to complete two years in  
          existence as each card is valid for two years before approving a  
          statewide program.  There might be certain features of the SFIDC  
          program that are found to be missing or others that prove to be  
          burdensome on either individuals or the City and County of San  
          Francisco.


           Analysis Prepared by  :    Jennifer R. Klein / L. GOV. / (916)  
          319-3958 


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