AB 60, as amended, Alejo. 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.
This bill would delete these provisions, and would make other technical and conforming
changes. 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’sbegin delete licenseend deletebegin insert license, except as provided,end insert if he or she meets all other qualifications for licensure. The bill would provide that these changes will become operative on January 1, 2015.
(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 account number. Existing law prohibits the inclusion of an applicant’s social security account 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 account number on the driver’s license.
This bill would additionally provide that the section of the form for the applicant’s social security account number may also be used for a number associated with 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. The bill would provide that these changes will become operative on January 1, 2015.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) According to a report by the AAA Foundation for Traffic
4Safety, car crashes rank among the leading causes of death in the
5United States.
6(b) Previous studies done by the foundation have found that
7approximately one in five fatal crashes in the United States involve
8an unlicensed or invalidly licensed driver.
9(c) The California Department of Motor Vehicles, Licensing
10Operations Division, Research and Development Branch has stated
11that unlicensed driving is a
major California safety problem.
P3 1(d) In a report titled, “Estimating the Exposure and Fatal Crash
2Rates of Suspended/Revoked and Unlicensed Drivers in California”
3published in Accident Analysis and Prevention, 29(1), the
4Department of Motor Vehicles estimates that 12 percent of the
5drivers on the road do not have valid driver’s licenses.
6(e) In the State of California, there are potentially one million
7drivers who are unlicensed and uninsured.
8(f) It is our responsibility to ensure that all California drivers
9are properly trained, tested, and insured in order to make our roads
10safer.
Section 1653.5 of the Vehicle Code is amended to
12read:
(a) Every form prescribed by the department for use
14by an applicant for the issuance or renewal by the department of
15a driver’s license or identification card pursuant to Division 6
16(commencing with Section 12500) shall contain a section for the
17applicant’s social security account number.
18(b) Every form prescribed by the department for use by an
19applicant for the issuance, renewal, or transfer of the registration
20or certificate of title to a vehicle shall contain a section for the
21applicant’s driver’s license or identification card number.
22(c) A person who submits to the department a form
that, pursuant
23to subdivision (a), contains a section for the applicant’s social
24security account number, or pursuant to subdivision (b), the
25applicant’s driver’s license or identification card number, if any,
26shall furnish the appropriate number in the space provided.
27(d) The department shall not complete an application that does
28not include the applicant’s social security account number or
29driver’s license or identification card number as required under
30subdivision (c).
31(e) An applicant’s social security account number shall not be
32included by the department on a driver’s license, identification
33card, registration, certificate of title, or any other document issued
34by the department.
35(f) Notwithstanding any other
law, information regarding an
36applicant’s social security account number, obtained by the
37department pursuant to this section, is not a public record and may
38not be disclosed by the department except for any of the following
39purposes:
P4 1(1) Responding to a request for information from an agency
2operating pursuant to, and carrying out the provisions of, Part A
3(Aid to Families with Dependent Children), or Part D (Child
4Support and Establishment of Paternity), of Subchapter IV of
5Chapter 7 of Title 42 of the United States Code.
6(2) Implementation of Section 12419.10 of the Government
7Code.
8(3) Responding to information requests from the Franchise Tax
9Board for the purpose of tax administration.
10(g) This section shall remain in effect only until January 1, 2015,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2015, deletes or extends that date.
Section 1653.5 is added to the Vehicle Code, to read:
(a) begin deleteEvery end deletebegin insert(1)end insertbegin insert end insertbegin insertExcept as provided in paragraph (2),
15everyend insert form prescribed by the department for use by an applicant
16for the issuance or renewal by the department of a driver’s license
17or identification card pursuant to Division 6 (commencing with
18Section 12500) shall contain a section for the applicant’s social
19security account number or a number associated with any document
20that the department finds clearly establishes the identity of the
21applicant.
22(2) Every form prescribed by the department for use by an
23applicant for the issuance or renewal by the department of a
24commercial driver’s license shall contain a section for the
25applicant’s social security account number.
26(b) Every form prescribed by the department for use by an
27applicant for the issuance, renewal, or transfer of the registration
28or certificate of title to a vehicle shall contain a section for the
29applicant’s driver’s license or identification card number.
30(c) A person who submits to the department a form that, pursuant
31to subdivision (a), contains a section for the applicant’s social
32security account number or a number associated with any document
33that the department finds clearly establishes the identity of the
34applicant, or pursuant to subdivision (b),
the applicant’s driver’s
35license or identification card number, if any, shall furnish the
36appropriate number in the space provided.
37(d) The department shall not complete an application that does
38not include the applicant’s social security account number, a
39number associated with any document that the department finds
P5 1clearly establishes the identity of the applicant, or driver’s license
2or identification card number as required under subdivision (c).
3(e) An applicant’s social security account number or a number
4associated with any document that the department finds clearly
5establishes the identity of the applicant shall not be included by
6the department on a driver’s license, identification card,
7registration, certificate of title, or any other document issued by
8the
department.
9(f) Notwithstanding any other law, information regarding an
10applicant’s social security account number or a number associated
11with any document that the department finds clearly establishes
12the identity of the applicant, which is obtained by the department
13pursuant to this section or Section 12800 or 12801, is not a public
14record and may not be disclosed by the department except for any
15of the following purposes:
16(1) Responding to a request for information from an agency
17operating pursuant to, and carrying out the provisions of, Part A
18(Aid to Families with Dependent Children), or Part D (Child
19Support and Establishment of Paternity), of Subchapter IV of
20Chapter 7 of Title 42 of the United States Code.
21(2) Implementation of Section 12419.10 of the Government
22Code.
23(3) Responding to information requests from the Franchise Tax
24Board for the purpose of tax administration.
25(g) This section shall become operative on January 1, 2015.
Section 12800 of the Vehicle Code is amended to read:
Every application for an original or a renewal of a
28driver’s license shall contain all of the following information:
29(a) The applicant’s true full name, age, sex, mailing address,
30residence address, and social security account number.
31(b) A brief description of the applicant for the purpose of
32identification.
33(c) A legible print of the thumb or finger of the applicant.
34(d) The type of motor vehicle or combination of vehicles the
35applicant desires to operate.
36(e) Whether the applicant has ever previously been licensed as
37a driver and, if so, when and in what state or country and whether
38or not the license has been suspended or revoked and, if so, the
39date of and reason for the suspension or revocation.
P6 1(f) Whether the applicant has ever previously been refused a
2driver’s license in this state and, if so, the date of and the reason
3for the refusal.
4(g) Whether the applicant, within the last three years, has
5experienced, on one or more occasions, either a lapse of
6consciousness or an episode of marked confusion caused by a
7condition that may bring about recurrent lapses, or whether the
8applicant has a disease, disorder, or disability that affects his or
9her ability to
exercise reasonable and ordinary control in operating
10a motor vehicle upon a highway.
11(h) Whether the applicant understands traffic signs and signals.
12(i) Whether the applicant has ever previously been issued an
13identification card by the department.
14(j) Any other information that is necessary to enable the
15department to determine whether the applicant is entitled to a
16license under this code.
17(k) This section shall remain in effect only until January 1, 2015,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2015, deletes or extends that date.
Section 12800 is added to the Vehicle Code, to read:
Every application for an original or a renewal of a
22driver’s license shall contain all of the following information:
23(a) The applicant’s true full name, age, sex, mailing address,
24residence address, and social security account number orbegin insert, except
25as provided in Section 12801.1,end insert a number associated with any
26document that the department finds clearly establishes the identity
27of the applicant.
28(b) A brief description of the applicant for the purpose of
29identification.
30(c) A legible print of the thumb or finger of the applicant.
31(d) The type of motor vehicle or combination of vehicles the
32applicant desires to operate.
33(e) Whether the applicant has ever previously been licensed as
34a driver and, if so, when and in what state or country and whether
35or not the license has been suspended or revoked and, if so, the
36date of and reason for the suspension or revocation.
37(f) Whether the applicant has ever previously been refused a
38driver’s license in this state and, if so, the date of and the reason
39for the refusal.
P7 1(g) Whether the applicant, within the last three years, has
2experienced, on one or more occasions, either a lapse of
3consciousness
or an episode of marked confusion caused by a
4condition that may bring about recurrent lapses, or whether the
5applicant has a disease, disorder, or disability that affects his or
6her ability to exercise reasonable and ordinary control in operating
7a motor vehicle upon a highway.
8(h) Whether the applicant understands traffic signs and signals.
9(i) Whether the applicant has ever previously been issued an
10identification card by the department.
11(j) Any other information that is necessary to enable the
12department to determine whether the applicant is entitled to a
13license under this code.
14(k) This section shall become operative on January 1, 2015.
Section 12801 of the Vehicle Code is amended to read:
(a) Notwithstanding any other law, the department
17shall require an application for a driver’s license to contain the
18applicant’s social security account number and any other number
19or identifier determined to be appropriate by the department.
20(b) Notwithstanding subdivision (a), an applicant who provides
21satisfactory proof that his or her presence in the United States is
22authorized under federal law, but who is not eligible for a social
23security account number, is eligible to receive an original driver’s
24license if he or she meets all other qualifications for licensure.
25(c) Notwithstanding any other law, the social security account
26number
collected on a driver’s license application shall not be
27
displayed on the driver’s license including, but not limited to,
28inclusion on a magnetic tape or strip used to store data on the
29license.
30(d) This section shall remain in effect only until January 1, 2015,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2015, deletes or extends that date.
Section 12801 is added to the Vehicle Code, to read:
(a) Notwithstanding any other law, the department
35shall require an application for a driver’s license to contain the
36applicant’s social security account number andbegin insert, except as provided
37in Section 12801.1,end insert any other number or identifier determined to
38be appropriate by the department.
39(b) Notwithstanding subdivision (a), an applicant who provides
40satisfactory proof that his or her presence in the United States is
P8 1authorized under federal law, or who provides all of the following
2documents, but who is not eligible for a social security account
3number, is eligible to receive an
original driver’s licensebegin insert, except
4as provided in Section 12801.1,end insert if he or she meets all other
5qualifications for licensure:
6(1) A valid, unexpired consular identification document issued
7
by a consulate from the applicant’s country of citizenship, or a
8valid, unexpired passport from the applicant’s country of
9citizenship.
10(2) An original birth certificate, or other proof of age, as
11designated by the department.
12(3) A home utility bill, lease or rental agreement, or other proof
13of California residence, as designated by the department.
14(4) One of the following documents, which, if in a language
15other than English, shall be accompanied by a certified translation
16or an affidavit of translation into English:
17(A) A marriage license or divorce certificate.
18(B) A foreign
federal electoral photo card issued on or after
19January 1, 1991.
20(C) A foreign driver’s license.
21(D) A United States Department of Homeland Security Form
22I-589, Application for Asylum and for Withholding of Removal.
23(E) An official school or college transcript that includes the
24applicant’s date of birth, or a foreign school record that is sealed
25and includes a photograph of the applicant at the age the record
26was issued.
27(F) A United States Department of Homeland Security Form
28I-20 or Form DS-2019.
29(G) A deed or title to real property.
30(H) A property tax bill or statement issued within the previous
3112 months.
32(I) An income tax return.
33(J) Other proof of identity, as designated by the department.
34(c) Notwithstanding any other law, the social security account
35number or other identification number collected on a driver’s
36license application shall not be displayed on the driver’s license,
37including, but not limited to, inclusion on a magnetic tape or strip
38used to store data on the license.
P9 1(d) Notwithstanding any other law, information collected
2pursuant to subdivision (b) is not a public record and shall not be
3disclosed by the department for any purpose.
4(e) This section shall become operative on January 1, 2015.
Section 12801.1 is added to the Vehicle Code, to read:
(a) The department shall require an application for
7a commercial driver’s license to include the applicant’s social
8security account number.
9(b) This section shall become operative on January 1, 2015.
Section 12801.5 of the Vehicle Code is amended to
12read:
(a) Notwithstanding any other law, the department
14shall require an applicant for an original driver’s license or
15identification card to submit satisfactory proof that the applicant’s
16presence in the United States is authorized under federal law.
17(b) The department shall not issue an original driver’s license
18or identification card to a person who does not submit satisfactory
19proof that the applicant’s presence in the United States is authorized
20under federal law.
21(c) The department shall adopt regulations to carry out the
22purposes of this section, including procedures for, but
not limited
23to, (1) verifying that the applicant’s presence in the United States
24is authorized under federal law, (2) issuance of a temporary license
25pending verification of the applicant’s status, and (3) appeal
26hearings from a denial of a license, temporary license, or
27identification card.
28(d) On January 10 of each year, the department shall submit a
29supplemental budget report to the Governor and the Legislature
30detailing the costs of verifying the citizenship or legal residency
31of applicants for driver’s licenses and identification cards, in order
32for the state to request reimbursement from the federal government.
33(e) Notwithstanding Section 40300 or any other provision of
34law, a peace officer may not detain or arrest a person solely on the
35belief that the person is an unlicensed
driver, unless the officer has
36reasonable cause to believe the person driving is under the age of
3716 years.
38(f) The inability to obtain a driver’s license pursuant to this
39section does not abrogate or diminish in any respect the legal
40requirement of every driver in this state to obey the motor vehicle
P10 1laws of this state, including laws with respect to licensing, motor
2vehicle registration, and financial responsibility.
3(g) This section shall remain in effect only until January 1, 2015,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2015, deletes or extends that date.
Section 12801.5 is added to the Vehicle Code, to
8read:
(a) Notwithstanding Section 40300 or any other law,
10a peace officer may not detain or arrest a person solely on the belief
11that the person is an unlicensed driver, unless the officer has
12reasonable cause to believe the person driving is under the age of
1316 years.
14(b) The inability to obtain a driver’s license does not abrogate
15or diminish in any respect the legal requirement of every driver in
16this state to obey the motor vehicle laws of this state, including
17laws with respect to licensing, motor vehicle registration, and
18financial responsibility.
19(c) This section shall become operative on January 1, 2015.
Section 12801.6 of the Vehicle Code, as added by
22Section 3 of Chapter 862 of
the Statutes of 2012, is amended to
23read:
(a) Any federal document demonstrating favorable
25action by the federal government for acceptance of a person into
26the deferred action for childhood arrivals program shall satisfy the
27requirements of Section 12801.5.
28(b) The department may issue an original driver’s license to the
29person who submits proof of presence in the United States as
30authorized under federal law pursuant to subdivision (a) and either
31a social security account number or ineligibility for a social security
32account number.
33(c) This section shall remain in effect only until January 1, 2015,
34and as of that date is repealed, unless a later
enacted statute, that
35is enacted before January 1, 2015, deletes or extends that date.
Section 12801.8 of the Vehicle Code is amended to
38read:
(a) In the case of a legal, nonimmigrant driver’s
40license applicant, the department shall issue a temporary driver’s
P11 1license, valid for 90 days, if the applicant has successfully
2completed the application and the related requirements for the
3issuance of a driver’s license under this code, including subdivision
4(a) of Section 12805. If the United States Immigration and
5Naturalization Service is unable to verify the applicant’s presence
6before the temporary driver’s license expires, the department shall,
7at least 15 days before the temporary driver’s license expires,
8extend the temporary driver’s license for an additional 120 days
9and notify the applicant by mail that the temporary driver’s license
10is
being extended.
11(b) If the department adjusts the expiration date of any driver’s
12license issued pursuant to this code so that the date does not exceed
13the expiration date of a federal document submitted pursuant to
14subdivision (a) of Section 12801.5, the applicant may, upon receipt
15of a notice of renewal of the driver’s license by the department
16sent prior to the expiration of the license, request an extension of
17the term of the driver’s license by submitting to the department
18satisfactory proof that the applicant’s presence in the United States
19has been reauthorized or extended under federal law. After
20verifying that the applicant’s presence in the United States has
21been reauthorized or extended by federal law, the department shall
22adjust the expiration date of the driver’s license so that it does not
23exceed the expiration date of the
revised federal document
24submitted pursuant to subdivision (a) of Section 12801.5 and
25complies with the related requirements of this code.
26(c) On or before July 1, 1997, the department shall establish a
27procedure for receiving mailed requests for the extension of driver’s
28licenses as described in this section.
29(d) This section shall remain in effect only until January 1, 2015,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2015, deletes or extends that date.
Section 13002 of the Vehicle Code is amended to
34read:
(a) Except as otherwise provided in subdivision (b),
36every identification card shall expire, unless canceled earlier, on
37the sixth birthday of the applicant following the date of application
38for the identification card. Renewal of any identification card,
39other than a senior citizen identification card, shall be made for a
40termbegin delete whichend deletebegin insert thatend insert shall expire on the sixth birthday of the applicant
P12 1following expiration of the identification card renewed, unless
2surrendered earlier. Any application for renewal received after 90
3days after expiration
of the identification card, including a senior
4citizen identification card, shall be considered the same as an
5application for an original identification card. The department
6shall, at the end of six years and six months after the issuance or
7renewal of an identification card, other than a senior citizen
8identification card, destroy any record of the card if it has expired
9and has not been renewed.
10(b) Every senior citizen identification card issued pursuant to
11subdivision (b) of Section 13000 shall expire, unless canceled
12earlier, on the 10th birthday of the applicant following the date of
13application for the identification card. Renewal of any senior citizen
14identification card shall be made for a termbegin delete whichend deletebegin insert
thatend insert shall expire
15on the 10th birthday of the applicant following expiration of the
16senior citizen identification card renewed, unless surrendered
17earlier. The department shall, at the end of 10 years and six months
18after the issuance or renewal of a senior citizen identification card,
19destroy any record of the card if it has expired and has not been
20renewed.
21(c) An identification card may be issued to a person in exchange
22for the person’s driver’s licensebegin delete whichend deletebegin insert thatend insert is surrendered to the
23department for either of the following reasons:
24(1) The person has a physical or mental
condition and requests
25cancellation of the driver’s license.
26(2) The department has revoked the person’s driving privilege
27based on the person’s physical or mental condition.
28That card shall be issued without the payment of any additional
29fee.
30(d) Notwithstanding subdivisions (a) and (b), the department
31may adjust the expiration date of any identification card issued
32pursuant to this code so that the date does not exceed the expiration
33date of a document submitted pursuant to subdivision (a) of Section
3412801.5.
35(e) This section shall remain in effect only until January 1, 2015,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted
before January 1, 2015, deletes or extends that date.
Section 13002 is added to the Vehicle Code, to read:
(a) Except as otherwise provided in subdivision (b),
2every identification card shall expire, unless canceled earlier, on
3the sixth birthday of the applicant following the date of application
4for the identification card. Renewal of any identification card,
5other than a senior citizen identification card, shall be made for a
6termbegin delete whichend deletebegin insert thatend insert shall expire on the sixth birthday of the applicant
7following expiration of the identification card renewed, unless
8surrendered earlier. Any application for renewal received after 90
9days after expiration of the identification
card, including a senior
10citizen identification card, shall be considered the same as an
11application for an original identification card. The department
12shall, at the end of six years and six months after the issuance or
13renewal of an identification card, other than a senior citizen
14identification card, destroy any record of the card if it has expired
15and has not been renewed.
16(b) Every senior citizen identification card issued pursuant to
17subdivision (b) of Section 13000 shall expire, unless canceled
18earlier, on the 10th birthday of the applicant following the date of
19application for the identification card. Renewal of any senior citizen
20identification card shall be made for a termbegin delete whichend deletebegin insert thatend insert
shall expire
21on the 10th birthday of the applicant following expiration of the
22senior citizen identification card renewed, unless surrendered
23earlier. The department shall, at the end of 10 years and six months
24after the issuance or renewal of a senior citizen identification card,
25destroy any record of the card if it has expired and has not been
26renewed.
27(c) An identification card may be issued to a person in exchange
28for the person’s driver’s licensebegin delete whichend deletebegin insert thatend insert is surrendered to the
29department for either of the following reasons:
30(1) The person has a physical or mental condition and requests
31
cancellation of the driver’s license.
32(2) The department has revoked the person’s driving privilege
33based on the person’s physical or mental condition.
34That card shall be issued without the payment of any additional
35fee.
36(d) This section shall become operative on January 1, 2015.
Section 14610.7 of the Vehicle Code is amended to
39read:
(a) It is a misdemeanor for any person to knowingly
2assist in obtaining a driver’s license or identification card for any
3person whose presence in the United States is not authorized under
4federal law.
5(b) This section shall remain in effect only until January 1, 2015,
6and as of that date is repealed, unless a later enacted statute, that
7is enacted before January 1, 2015, deletes or extends that date.
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