Amended in Senate September 3, 2013

Amended in Senate July 8, 2013

Amended in Assembly May 24, 2013

Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 60

Introduced by Assembly Member Alejo

(Coauthors: Assembly Members Garcia, Roger Hernández, Mullin, V. Manuel Pérez, Rendon, and Williams)

(Coauthors: Senators Cannella, Correa, De León, begin delete and Lara end delete begin insert Lara, and Padilla end insert )

January 7, 2013

An act to begin insert amend Section 13002 of, to amend and repeal Sections 12801.6, 12801.8, and 14610.7 of, to end insert amend, repeal, and add Sections 1653.5, 12800, 12801, begin delete 12801.5, and 13002 end delete begin insert and 12801.5 end insert of, begin delete to amend and repeal Sections 12801.6, 12801.8, and 14610.7 of, end delete and to add begin delete Section 12801.1 end delete begin insert Sections 13000.2 and 13009 end insert to, the Vehicle Code, relating to driver’s licenses.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert as to driver’s licenses end insert , and would make other technical and conforming changes. The bill would instead authorize an applicant for a begin insert noncommercial end insert 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 begin delete license, except as provided, end delete begin insert license end insert if he or she meets all other qualifications for licensure. The bill would begin delete provide that end delete begin insert make end insert these changes begin delete will become end delete 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 begin delete additionally provide that end delete begin insert authorize, for the purposes of noncommercial driver’s licenses only, end insert the section of the form for the applicant’s social security account number begin delete may also end delete begin insert to end insert be used for a number associated with a document that the DMV finds clearly establishes the identity of the begin delete applicant. The bill end delete begin insert applicant, and end insert would additionally prohibit the inclusion or the displaying of the begin delete applicant’s individual taxpayer identification number or other end delete number associated with the identity document. The bill would begin delete provide that end delete begin insert make end insert these changes begin delete will become end delete operative on January 1, 2015.

begin insert

This bill would delete obsolete provisions with regard to identification cards.

end insert

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 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.

(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, 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 or
driver’s license or identification card number as required under
subdivision (c).

(e) An applicant’s social security account number 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 law, information regarding an
applicant’s social security account number, obtained by the
department pursuant to this section, is not a public record and begin delete may end delete
begin insert shall end insert 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.

(g) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

SEC. 3.  

Section 1653.5 is added to the Vehicle Code, to read:

1653.5.  

(a) (1) Except as provided in paragraph (2), begin delete every end delete
begin insert each end insert form prescribed by the department for use by an applicant
for the issuance or renewal by the department of a driver’s license
begin delete or identification card end delete pursuant to Division 6 (commencing with
Section 12500) shall contain a section for the applicant’s social
security account number or a number associated with any document
that the department finds clearly establishes the identity of the
applicant.

(2)  begin delete Every end delete begin insert Each end insert form prescribed by the department for use by
an applicant for the issuance or renewal by the department of a
commercial driver’s license shall contain a section for the
applicant’s social security account number.

begin insert

(3) Each form prescribed by the department for use by an
applicant for the issuance or renewal by the department of an
identification card pursuant to Division 6 (commencing with
Section 12500) shall contain a section for the applicant’s social
security account number.

end insert

(b)  begin delete Every end delete begin insert Each end insert 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 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, 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 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 law, information regarding an
applicant’s social security account number or a number associated
with any document that the department finds clearly establishes
the identity of the applicant, which is 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.

(g) This section shall become operative on January 1, 2015.

SEC. 4.  

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.

(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.

(k) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

SEC. 5.  

Section 12800 is added to the Vehicle Code, to read:

12800.  

begin delete Every end delete begin insert Each end insert 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 begin delete number end delete begin insert number, end insert or,
except as provided in Section 12801.1, 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.

(k) This section shall become operative on January 1, 2015.

SEC. 6.  

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, 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.

(c) Notwithstanding any other law, the social security account
number collected on a driver’s license application shall not be
displayed on the driver’s license begin insert , end insert including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.

(d) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

SEC. 7.  

Section 12801 is added to the Vehicle Code, 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, except as provided
in Section 12801.1, 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, except
as provided in Section 12801.1, if he or she meets all other
qualifications for 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) A foreign driver’s license.

(D) A United States Department of Homeland Security Form
I-589, Application for Asylum and for Withholding of Removal.

(E) 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.

(F) A United States Department of Homeland Security Form
I-20 or Form DS-2019.

(G) A deed or title to real property.

(H) A property tax bill or statement issued within the previous
12 months.

(I) An income tax return.

(J) Other proof of identity, as designated by the department.

(c) 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.

(d) Notwithstanding any other law, information collected
pursuant to subdivision (b) is not a public record and shall not be
disclosed by the department for any purpose.

(e) This section shall become operative on January 1, 2015.

SEC. 8.  

Section 12801.1 is added to the Vehicle Code, to read:

12801.1.  

(a) The department shall require an application for
a commercial driver’s license to include the applicant’s social
security account number.

(b) This section shall become operative on January 1, 2015.

SEC. 9.  

Section 12801.5 of the Vehicle Code is amended to
read:

12801.5.  

(a) Notwithstanding any other 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) 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) 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.

(g) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

SEC. 10.  

Section 12801.5 is added to the Vehicle Code, to
read:

12801.5.  

(a) Notwithstanding Section 40300 or any other 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.

(b) The inability to obtain a driver’s license 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.

(c) This section shall become operative on January 1, 2015.

SEC. 11.  

Section 12801.6 of the Vehicle Code begin delete , as added by
Section 3 of Chapter 862 of the Statutes of 2012, end delete is amended to
read:

12801.6.  

(a) Any federal document demonstrating favorable
action by the federal government for acceptance of a person into
the deferred action for childhood arrivals program shall satisfy the
requirements of Section 12801.5.

(b) The department may issue an original driver’s license to the
person who submits proof of presence in the United States as
authorized under federal law pursuant to subdivision (a) and either
a social security account number or ineligibility for a social security
account number.

(c) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

SEC. 12.  

Section 12801.8 of the Vehicle Code is amended to
read:

12801.8.  

(a) In the case of a legal, nonimmigrant driver’s
license applicant, the department shall issue a temporary driver’s
license, valid for 90 days, if the applicant has successfully
completed the application and the related requirements for the
issuance of a driver’s license under this code, including subdivision
(a) of Section 12805. If the United States Immigration and
Naturalization Service is unable to verify the applicant’s presence
before the temporary driver’s license expires, the department shall,
at least 15 days before the temporary driver’s license expires,
extend the temporary driver’s license for an additional 120 days
and notify the applicant by mail that the temporary driver’s license
is being extended.

(b) If the department adjusts the expiration date of any driver’s
license issued pursuant to this code so that the date does not exceed
the expiration date of a federal document submitted pursuant to
subdivision (a) of Section 12801.5, the applicant may, upon receipt
of a notice of renewal of the driver’s license by the department
sent prior to the expiration of the license, request an extension of
the term of the driver’s license by submitting to the department
satisfactory proof that the applicant’s presence in the United States
has been reauthorized or extended under federal law. After
verifying that the applicant’s presence in the United States has
been reauthorized or extended by federal law, the department shall
adjust the expiration date of the driver’s license so that it does not
exceed the expiration date of the revised federal document
submitted pursuant to subdivision (a) of Section 12801.5 and
complies with the related requirements of this code.

(c) On or before July 1, 1997, the department shall establish a
procedure for receiving mailed requests for the extension of driver’s
licenses as described in this section.

(d) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 13000.2 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 13000.2. end insert   

(a) Notwithstanding any other law, the department
shall require an applicant for an original 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 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, both of the following:

(1) Verifying that the applicant’s presence in the United States
is authorized under federal law.

(2) Appeal hearings from the denial of an identification card.

(d) Notwithstanding Section 10231.5 of the Government Code,
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 identification cards, in order for the state to
request reimbursement from the federal government.

(e) This section shall become operative on January 1, 2015.

end insert

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

Section 13002 of the Vehicle Code is amended to
read:

13002.  

(a) Except as otherwise provided in subdivision (b),
begin delete every end delete begin insert each end insert 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 begin delete any end delete begin insert an end insert
identification card, other than a senior citizen identification card,
shall be made for a term that shall expire on the sixth birthday of
the applicant following expiration of the identification card
renewed, unless surrendered earlier. begin delete Any end delete begin insert An end insert 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)  begin delete Every end delete begin insert Each end insert 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 that 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 that 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.

begin delete

(d) Notwithstanding subdivisions (a) and (b), the department
may adjust the expiration date of any identification card issued
pursuant to this code so that the date does not exceed the expiration
date of a document submitted pursuant to subdivision (a) of Section
12801.5.

(e) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

end delete

begin delete

SEC. 14.  

Section 13002 is added to the Vehicle Code, 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 that 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 that 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 that 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.

(d) This section shall become operative on January 1, 2015.

end delete

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 13009 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 13009. end insert   

(a) It is a misdemeanor for any person to knowingly
assist in obtaining an identification card for any person whose
presence in the United States is not authorized under federal law.

(b) This section shall become operative on January 1, 2015.

end insert

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

Section 14610.7 of the Vehicle Code is amended to
read:

14610.7.  

(a) 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.

(b) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.