BILL NUMBER: AB 60	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013

INTRODUCED BY   Assembly Member Alejo
   (  Coauthor:   Assembly Member 
 Williams   Coauthors:   Assembly
Members   Garcia,   Roger Hernández,  
Mullin,   V. Manuel Pérez,   Rendon,   and
Williams  )
    (   Coauthors:   Senators  
Cannella,   Correa,   De León,   and Lara
  ) 

                        JANUARY 7, 2013

   An act to amend Sections 1653.5, 12800, 12801,  12801.5, 
and 13002 of, and to repeal Sections  12801.5, 
12801.6,  and  12801.8  , and 14610.7  of
 ,  the Vehicle Code, relating to  drivers'
  driver's  licenses.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 60, as amended, Alejo.  Drivers'   Driver'
s  licenses: eligibility: required documentation.
   (1) Existing law requires the Department of Motor Vehicles (DMV)
to 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.
Existing law prohibits the department from issuing an original driver'
s license or identification card to a person who does not submit
satisfactory proof that his or her presence in the United States is
authorized under federal law.  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.  
   Existing law also requires the DMV to adopt regulations to carry
out the purposes of this prohibition and requires the DMV to 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. Existing law prohibits a peace officer from detaining or
arresting 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.  
   Existing law provides that in the case of a legal, nonimmigrant
driver's license applicant, the DMV is required to issue a temporary
license if the applicant successfully completes the application and
related requirements, including proof that the person is authorized
under federal law to be in the United States, for issuance of a
driver's license. The term of the driver's license is to coincide
with dates for which the person is authorized to be in the United
States. 
   This bill would  repeal   delete  these
provisions  and related provisions  , and  would
 make  other  technical  ,   and
 conforming changes  to other related provisions
 .  The bill would instead authorize an applicant for a
driver's license who is not eligible for a social security account
number, but who provides proof of identity, as specified, to receive
an original driver's license if he or she meets all other
qualifications for licensure. 
   (2) Existing law requires each form prescribed by the DMV for use
by an applicant for the issuance or renewal of a driver's license or
identification card to contain a section for the applicant's social
security number. Existing law prohibits the inclusion of an applicant'
s social security number on a driver's license, identification card,
registration, certificate of title, or other document issued by the
DMV or the display of an applicant's social security number on the
driver's license.
   This bill would additionally provide that the section of the form
for the applicant's social security number may also be used for
 an applicant's individual taxpayer identification number, or
other   a  number associated with  the
identity   a  document that the DMV finds clearly
establishes the identity of the applicant. The bill would
additionally prohibit the inclusion or the displaying of the
applicant's individual taxpayer identification number or other number
associated with the identity document.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) According to a report by the AAA Foundation for Traffic
Safety, car crashes rank among the leading causes of death in the
United States.
   (b) Previous studies done by the foundation have found that
approximately one in five fatal crashes in the United States involve
an unlicensed or invalidly licensed driver.
   (c) The California Department of Motor Vehicles, Licensing
Operations Division, Research and Development Branch has stated that
unlicensed driving is a major California safety problem.
   (d) In a report titled, "Estimating the Exposure and Fatal Crash
Rates of Suspended/Revoked and Unlicensed Drivers in California"
published in Accident Analysis and Prevention, 29(1), the Department
of Motor Vehicles estimates that 12 percent of the drivers on the
road do not have  a  valid driver's licenses.
   (e) In the State of California, there are potentially one million
drivers who are unlicensed and uninsured.
   (f) It is our responsibility to ensure that all California drivers
are properly trained, tested, and insured in order to make our roads
safer.
  SEC. 2.  Section 1653.5 of the Vehicle Code is amended to read:
   1653.5.  (a) Every form prescribed by the department for use by an
applicant for the issuance or renewal by the department of a driver'
s license or identification card pursuant to Division 6 (commencing
with Section 12500) shall contain a section for the applicant's
social security account number  , federal individual taxpayer
identification number,  or a number associated with any
document that the department finds clearly establishes the identity
of the applicant.
   (b) Every form prescribed by the department for use by an
applicant for the issuance, renewal, or transfer of the registration
or certificate of title to a vehicle shall contain a section for the
applicant's driver's license or identification card number.
   (c) A person who submits to the department a form that, pursuant
to subdivision (a), contains a section for the applicant's social
security account number  , federal individual taxpayer
identification number,   or  a number associated
with any document that the department finds clearly establishes the
identity of the applicant, or pursuant to subdivision (b), the
applicant's driver's license or identification card number, if any,
shall furnish the appropriate number in the space provided.
   (d) The department shall not complete an application that does not
include the applicant's social security account number, 
federal individual taxpayer identification number,  a number
associated with any document that the department finds clearly
establishes the identity of the applicant, or driver's license or
identification card number as required under subdivision (c).
   (e) An applicant's social security account number  ,
federal individual taxpayer identification number,  or a
number associated with any document that the department finds clearly
establishes the identity of the applicant shall not be included by
the department on a driver's license, identification card,
registration, certificate of title, or any other document issued by
the department.
   (f) Notwithstanding any other provision of law, information
regarding an applicant's social security account number  ,
federal individual taxpayer identification number,  or a
number associated with any document that the department finds clearly
establishes the identity of the applicant obtained by the department
pursuant to this section or Section 12800 or 12801, is not a public
record and may not be disclosed by the department except for any of
the following purposes:
   (1) Responding to a request for information from an agency
operating pursuant to, and carrying out the provisions of, Part A
(Aid to Families with Dependent Children), or Part D (Child Support
and Establishment of Paternity), of Subchapter IV of Chapter 7 of
Title 42 of the United States Code.
   (2) Implementation of Section 12419.10 of the Government Code.
   (3) Responding to information requests from the Franchise Tax
Board for the purpose of tax administration.
  SEC. 3.  Section 12800 of the Vehicle Code is amended to read:
   12800.  Every application for an original or a renewal of a driver'
s license shall contain all of the following information:
   (a) The applicant's true full name, age, sex, mailing address,
residence address, and social security account number  ,
federal individual taxpayer identification number,  or a
number associated with any document that the department finds clearly
establishes the identity of the applicant.
   (b) A brief description of the applicant for the purpose of
identification.
   (c) A legible print of the thumb or finger of the applicant.
   (d) The type of motor vehicle or combination of vehicles the
applicant desires to operate.
   (e) Whether the applicant has ever previously been licensed as a
driver and, if so, when and in what state or country and whether or
not the license has been suspended or revoked and, if so, the date of
and reason for the suspension or revocation.
   (f) Whether the applicant has ever previously been refused a
driver's license in this state and, if so, the date of and the reason
for the refusal.
   (g) Whether the applicant, within the last three years, has
experienced, on one or more occasions, either a lapse of
consciousness or an episode of marked confusion caused by a condition
that may bring about recurrent lapses, or whether the applicant has
a disease, disorder, or disability that affects his or her ability to
exercise reasonable and ordinary control in operating a motor
vehicle upon a highway.
   (h) Whether the applicant understands traffic signs and signals.
   (i) Whether the applicant has ever previously been issued an
identification card by the department.
   (j) Any other information that is necessary to enable the
department to determine whether the applicant is entitled to a
license under this code. 
  SEC. 4.    Section 12801 of the Vehicle Code is
amended to read:
   12801.  (a) Notwithstanding any other law, the department shall
require an application for a driver's license to contain the
applicant's social security account number, federal individual
taxpayer identification number, or any other number or identifier
determined to be appropriate by the department.
   (b) Notwithstanding any other law, the social security account
number, federal individual taxpayer identification number, or a
number associated with any document that the department finds clearly
establishes the identity of the applicant collected on a driver's
license application shall not be displayed on the driver's license
including, but not limited to, inclusion on a magnetic tape or strip
used to store data on the license.  
  SEC. 5.    Section 12801.5 of the Vehicle Code is
repealed. 
   SEC. 4.    Section 12801 of the   Vehicle
Code   is amended to read: 
   12801.  (a) Notwithstanding any other law, the department shall
require an application for a driver's license to contain the
applicant's social security account number and any other number or
identifier determined to be appropriate by the department.
   (b) Notwithstanding subdivision (a), an applicant who provides
satisfactory proof that his or her presence in the United States is
authorized under federal law,  or who provides all of the
following documents,  but who is not eligible for a social
security account number, is eligible to receive an original driver's
license if he or she meets all other qualifications for 
licensure.   licensure:  
   (1) A valid, unexpired consular identification document issued by
a consulate from the applicant's country of citizenship, or a valid,
unexpired passport from the applicant's country of citizenship. 

   (2) An original birth certificate, or other proof of age, as
designated by the department.  
   (3) A home utility bill, lease or rental agreement, or other proof
of California residence, as designated by the department.  

   (4) One of the following documents, which, if in a language other
than English, shall be accompanied by a certified translation or an
affidavit of translation into English:  
   (A) A marriage license or divorce certificate.  
   (B) A foreign federal electoral photo card issued on or after
January 1, 1991.  
   (C) An official school or college transcript that includes the
applicant's date of birth, or a foreign school record that is sealed
and includes a photograph of the applicant at the age the record was
issued.  
   (D) A United States Department of Homeland Security Form I-20 or
Form DS-2019.  
   (E) A deed or title to real property.  
   (F) A property tax bill or statement issued within the previous 12
months.  
   (G) An income tax return.  
   (H) Other proof of identity, as designated by the department.
 
   (c) If the applicant faces particular barriers to securing the
documents specified in subdivision (b), including, but not limited
to, having fled from his or her home country to seek asylum, or if
those documents are not available from his or her home country, the
department shall have the discretion to accept other documents it
deems to be satisfactory proof of the applicant's identity. 

   (c) 
    (d)  Notwithstanding any other law, the social security
account number  or other identification number  collected on
a driver's license application shall not be displayed on the driver'
s license including, but not limited to, inclusion on a magnetic tape
or strip used to store data on the license. 
   (e) Notwithstanding any other law, information collected pursuant
to subdivision (b) is not a public record and may not be disclosed by
the department for any purpose. 
   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) 
   12801.5.    (a)  Notwithstanding Section 40300
or any other provision of law, a peace officer may 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 the age of 16 years. 
   (f) 
    (b)  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.
  SEC. 6.  Section 12801.6 of the Vehicle Code is repealed.
  SEC. 7.  Section 12801.8 of the Vehicle Code is repealed.
  SEC. 8.  Section 13002 of the Vehicle Code is amended to read:
   13002.  (a) Except as otherwise provided in subdivision (b), every
identification card shall expire, unless canceled earlier, on the
sixth birthday of the applicant following the date of application for
the identification card. Renewal of any identification card, other
than a senior citizen identification card, shall be made for a term
which shall expire on the sixth birthday of the applicant following
expiration of the identification card renewed, unless surrendered
earlier. Any application for renewal received after 90 days after
expiration of the identification card, including a senior citizen
identification card, shall be considered the same as an application
for an original identification card. The department shall, at the end
of six years and six months after the issuance or renewal of an
identification card, other than a senior citizen identification card,
destroy any record of the card if it has expired and has not been
renewed.
   (b) Every senior citizen identification card issued pursuant to
subdivision (b) of Section 13000 shall expire, unless canceled
earlier, on the 10th birthday of the applicant following the date of
application for the identification card. Renewal of any senior
citizen identification card shall be made for a term which shall
expire on the 10th birthday of the applicant following expiration of
the senior citizen identification card renewed, unless surrendered
earlier. The department shall, at the end of 10 years and six months
after the issuance or renewal of a senior citizen identification
card, destroy any record of the card if it has expired and has not
been renewed.
   (c) An identification card may be issued to a person in exchange
for the person's driver's license which is surrendered to the
department for either of the following reasons:
   (1) The person has a physical or mental condition and requests
cancellation of the driver's license.
   (2) The department has revoked the person's driving privilege
based on the person's physical or mental condition.
   That card shall be issued without the payment of any additional
fee.
   SEC. 9.    Secti   on 14610.7 of the 
 Vehicle Code   is repealed.  
   14610.7.  It is a misdemeanor for any person to knowingly assist
in obtaining a driver's license or identification card for any person
whose presence in the United States is not authorized under federal
law.