Amended in Senate September 6, 2013

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, Lara, and Padilla)

January 7, 2013

An act to begin delete amend Section 13002 of, to amend and repeal Sections 12801.6, 12801.8, and 14610.7 of, to end delete amend, repeal, and add Sections 1653.5, 12800, 12801, and 12801.5 of, and to add Sections begin delete 13000.2 and 13009 end delete begin insert 12801.9, 12801.10, and 12801.11 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.

begin insert

(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.

end insert begin insert

This bill would authorize the department to issue an original driver’s license to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law if he or she meets all other qualifications for licensure and provides satisfactory proof to the department of his or her identity and California residency. The bill would require the department to adopt regulations, in consultation with appropriate law enforcement representatives, to implement those provisions, including identifying documents acceptable for the purposes of providing identity and California residency and procedures for verifying the authenticity of the documents. The bill would authorize the department to consider accepting prescribed types of documentation for this purpose. The bill would require a license issued pursuant to those provisions, including temporary licenses, to include on its face a recognizable feature and a specified notice. The bill would authorize the department to modify these licenses if these licenses do not meet federal requirements.

end insert begin insert

This bill would require, on or before January 1, 2018, the Administrative Office of the Courts to compile and submit to the Legislature and the Governor a report that, among other things, includes instances when these licenses are used to discriminate against an individual. The bill would provide that a person applying for a license pursuant to these provisions may be required to pay, only until June 30, 2017, an additional fee to offset the reasonable administrative costs of implementing these provisions. The bill would make other technical and conforming changes.

end insert begin insert

(2) Existing law requires the department to require an application for a driver’s license to contain the applicant’s social security number and any other number or identifier determined to be appropriate by the department. Existing law authorizes 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 number, to receive an original driver’s license if he or she meets all other requirements for licensure.

end insert begin insert

This bill would authorize an applicant who is unable to provide satisfactory proof that his or her presence in the United States is authorized under federal law to sign an affidavit under penalty of perjury attesting that he or she is both ineligible for a social security number and unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law in lieu of submitting a social security number.

end insert begin insert

This bill would make these changes operative on January 1, 2015, or on the date the director of the department executes a specified declaration, whichever is sooner. The bill would make these provisions inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any of these provisions, or their application, are enjoined, found unconstitutional, or held invalid for any reason. The bill would require the department to post this information on its Internet Web site.

end insert begin insert

This bill would state that its provisions do not authorize an individual to apply for, or be issued, a commercial driver’s license without submitting his or her social security account number with his or her application.

end insert begin delete

(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.

end delete begin delete

This bill would delete these provisions as to driver’s licenses, and would make other technical and conforming changes. The bill would instead authorize an applicant for a noncommercial 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. The bill would make these changes operative on January 1, 2015.

end delete begin delete

(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.

end delete begin delete

This bill would authorize, for the purposes of noncommercial driver’s licenses only, the section of the form for the applicant’s social security account number to be used for a number associated with a document that the DMV finds clearly establishes the identity of the applicant, and would additionally prohibit the inclusion or the displaying of the number associated with the identity document. The bill would make these changes operative on January 1, 2015.

end delete begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(e) In the State of California, there are potentially 1.4 million
drivers who are unlicensed and uninsured.

end insert begin insert

(f) It is our responsibility to ensure that all California drivers
are properly trained, tested, and insured in order to make our
roads safer.

end insert begin insert

(g) In order to meet the operative date established in this act,
it is necessary for the California Department of Motor Vehicles
to promulgate regulations pursuant to the emergency rulemaking
process.

end insert begin insert

(h) The California Department of Motor Vehicles currently
issues approximately 900,000 original driver’s licenses annually,
and estimates there will be an additional 1.4 million original
driver’s license applicants over a three year period under the
provisions of this act.

end insert begin insert

(i) To provide services to this added volume of original driver
license applicants, the California Department of Motor Vehicles
must undertake significant and costly activities, including, among
others, the hiring of additional temporary staff, the training of
existing and additional temporary staff, and obtaining and
preparing new temporary facilities to process the applications.

end insert begin insert

(j) The California Department Motor Vehicles must promulgate
regulations to determine the appropriate documentation necessary
to prove identity and California residency under the provisions of
this act, and procedures for verifying the authenticity of the
documentation.

end insert begin insert

(k) The California Department of Motor Vehicles must also
modify driver licenses issued under this act to satisfy the
requirements of Section 37.71 of Title 6 of the Code of Federal
Regulations, adopted pursuant to paragraph (11) of subdivision
(d) of Section 202 of the Real ID Act of 2005 (Public Law 109-13).

end insert begin insert

(l) Therefore, the California Department of Motor Vehicles may
assess an additional fee to applicants applying under the provisions
of this act in an amount sufficient to offset the reasonable costs of
implementing the provisions of the act. If this additional fee is
assessed, it shall be assessed only until June 30, 2017.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Legislature further finds and declares all of the
following:

end insert begin insert

(a) The holder of a driver’s license issued pursuant to Section
12801.9 shall not by reason of that driver’s license be treated in
a discriminatory manner pursuant to the Unruh Civil Rights Act
(Section 51 of the Civil Code).

end insert begin insert

(b) A driver’s license issued pursuant to Section 12801.9 shall
not be used as evidence of the holder’s citizenship or immigration
status, and shall not be used as a basis for a criminal investigation,
arrest, or detention in circumstances where a person with a driver
license that was not issued under Section 12801.9 would not be
criminally investigated, arrested, or detained.

end insert begin insert

(c) The State of California is in the process of demonstrating
its compliance with the requirements of the REAL ID Act of 2005
(Public Law 109-13).

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1653.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

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 begin delete provision of end delete law, information
regarding an applicant’s social security account number, obtained
by the department pursuant to this section, 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.

begin insert

(g) This section shall become inoperative on January 1, 2015,
or on the date that the director executes a declaration pursuant
to Section 12801.11, whichever is sooner, and as of January 1,
2015, is repealed, unless a later enacted statute, that is enacted
before January 1, 2015, deletes or extends that date.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1653.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 1653.5. end insert   

(a) Each 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) Each 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) Except as provided in Section 12801, 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) Except as provided in Section 12801, 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
shall 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, or
on the date that the director executes a declaration pursuant to
Section 12801.11, whichever is sooner.

(h) This section shall become inoperative on the effective date
of a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 1653.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 1653.5. end insert   

(a) Each 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) Each 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
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 the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 12800 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

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.

begin insert

(k) This section shall become inoperative on January 1, 2015,
or on the date that the director executes a declaration pursuant
to Section 12801.11, whichever is sooner, and as of January 1,
2015, is repealed, unless a later enacted statute, that is enacted
before January 1, 2015, deletes or extends that date.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 12800 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12800. end insert   

Each 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, except as provided in Section 12801, 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 become operative on January 1, 2015, or
on the date that the director executes a declaration pursuant to
Section 12801.11, whichever is sooner.

(l) This section shall become inoperative on the effective date
of a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 12800 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12800. end insert   

Each 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 become operative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 12801 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

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 including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.

begin insert

(d) This section shall become inoperative on January 1, 2015,
or on the date that the director executes a declaration pursuant
to Section 12801.11, whichever is sooner, and as of January 1,
2015, is repealed, unless a later enacted statute, that is enacted
before January 1, 2015, deletes or extends that date.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 12801 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12801. end insert   

(a) Except as provided in subdivisions (b) and (c), 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) 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) (1) An applicant who is unable to provide satisfactory proof
that his or her presence in the United States is authorized under
federal law may sign an affidavit under penalty of perjury attesting
that he or she is both ineligible for a social security account
number and unable to submit satisfactory proof that his or her
presence in the United States is unauthorized under federal law.

(2) The submission of this affidavit shall be accepted by the
department in lieu of a social security account number.

(3) This subdivision shall not apply to applications for a
commercial driver’s license. The department shall require all
applications for a commercial driver’s license to include the
applicant’s social security account number.

(d) The department shall not complete an application for a
driver’s license unless the applicant is in compliance with the
requirements of subdivision (a), (b) or (c).

(e) 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 including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.

(f) This section shall become operative on January 1, 2015, or
on the date that the director executes a declaration pursuant to
Section 12801.11, whichever is sooner.

(g) This section shall become inoperative on the effective date
of a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 12801 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12801. end insert   

(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 including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.

(d) This section shall become operative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 12801.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

12801.5.  

(a) Notwithstanding any other begin delete provision of end delete 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 begin delete provision of end delete
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 begin delete the age end delete begin insert 16
years end insert of begin delete 16 years. end delete begin insert age. end insert

(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.

begin insert

(g) This section shall become inoperative on January 1, 2015,
or on the date that the director executes a declaration pursuant
to Section 12801.11, whichever is sooner, and as of January 1,
2015, is repealed, unless a later enacted statute, that is enacted
before January 1, 2015, deletes or extends that date.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 12801.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 12801.5. end insert   

(a) Except as provided in Section 12801.9, 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) Except as provided in Section 12801.9, 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, but not limited to, procedures
for (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) hearings to
appeal 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 law, a peace
officer shall 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 16 years of age.

(f) The inability of an individual 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 become operative on January 1, 2015, or
on the date that the director executes a declaration pursuant to
Section 12801.11, whichever is sooner.

(h) This section shall become inoperative on the effective date
of a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 12801.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 12801.5. end insert   

(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, but not limited to, procedures
for (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) hearings to
appeal 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 law, a peace
officer shall 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 16 years of age.

(f) The inability of an individual 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 become operative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 12801.9 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 12801.9. end insert   

(a) Notwithstanding Section 12801.5, the department
may issue an original driver’s license to a person who is unable
to submit satisfactory proof that the applicant’s presence in the
United States is authorized under federal law if he or she meets
all other qualifications for licensure and provides satisfactory
proof to the department of his or her identity and California
residency.

(b) The department shall adopt emergency regulations to carry
out the purposes of this section, including, but not limited to,
procedures for (1) identifying documents acceptable for the
purposes of proving identity and California residency, (2)
procedures for verifying the authenticity of the documents, (3)
issuance of a temporary license pending verification of the
applicant’s status, and (4) hearings to appeal a denial of a license
or temporary license.

(c) Emergency regulations adopted for purposes of establishing
the documents acceptable to prove identity and residency pursuant
to subdivision (b) shall be promulgated by the department in
consultation with appropriate law enforcement representatives,
including, but not limited to, the California Highway Patrol, the
California State Sheriffs’ Association, and the California Police
Chiefs Association. The department may consider accepting the
following types of documentation for this purpose:

(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.

(d) (1) A licensed issued pursuant to this section, including a
temporary license issued pursuant to Section 12506, shall include
a recognizable feature on its face and shall bear the following
notice: “This card is not acceptable for federal purposes; it is
acceptable for driving privileges only. It does not establish
eligibility for employment, voter registration, or public benefits.”

(2) The notice described in paragraph (1) shall be in lieu of the
notice provided in Section 12800.5.

(e) If the United States Department of Homeland Security
determines a license issued pursuant to this section does not satisfy
the requirements of Section 37.71 of Title 6 of the Code of Federal
Regulations, adopted pursuant to paragraph (11) of subdivision
(d) of Section 202 of the Real ID Act of 2005 (Public Law 109-13),
the department shall modify the license in the manner necessary
to satisfy the requirements of that section.

(f) Notwithstanding Section 40300 or any other law, a peace
officer shall 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 16 years of age.

(g) 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.

(h) Discrimination against an individual because he or she
holds or presents a license issued under this section violates the
Unruh Civil Rights Act (Section 51 of the Civil Code).

(i) A license issued pursuant to this section shall not be used to
consider an individual’s citizenship or immigration status as a
basis for a criminal investigation, arrest, or detention.

(j) On or before January 1, 2018, the Administrative Office of
the Courts shall compile and submit to the Legislature and the
Governor a report of any violations of subdivisions (h) and (i).
Information pertaining to any specific individual shall not be
provided in the report.

(k) In addition to the fees required by Section 14900, a person
applying for an original license pursuant to this section may be
required to pay an additional fee determined by the department
that is sufficient to offset the reasonable administrative costs of
implementing the provisions of the act that added this section. If
this additional fee is assessed, it shall only apply until June 30,
2017.

(l) This section shall become operative on January 1, 2015, or
on the date that the director executes a declaration pursuant to
Section 12801.11, whichever is sooner.

(m) This section shall become inoperative on the effective date
of a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 12810.10 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 12810.10. end insert   

(a) Nothing in Section 1653.5, 12800, 12801,
12801.5, or 12801.9 authorizes an individual to apply for, or be
issued, a commercial driver’s license without the submission of
his or her social security account number upon application.

(b) This section shall become operative on January 1, 2015, or
on the date that the director executes a declaration pursuant to
Section 12801.11, whichever is sooner.

(c) This section shall become inoperative on the effective date
of a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 12801.11 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 12801.11. end insert   

(a) If the director determines that the department
is prepared to begin issuing driver’s licenses pursuant to Section
12801.9 on a date sooner than January 1, 2015, the director shall
execute a declaration stating that determination and date and,
within five business days, provide a copy of that declaration to the
appropriate fiscal and policy committees of the Legislature and
to the Governor, and shall post this information on its Internet
Web site.

(b) This section shall become inoperative on the effective date
of a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate September 3, 2013. (JR11)