BILL NUMBER: AB 60 AMENDED
BILL TEXT
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
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 amend Section 13002 of, to amend and repeal
Sections 12801.6, 12801.8, and 14610.7 of, to amend,
repeal, and add Sections 1653.5, 12800, 12801, and 12801.5 of, and to
add Sections 13000.2 and 13009 12801.9,
12801.10, and 12801.11 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.
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.
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.
(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.
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.
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.
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.
(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 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.
(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 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.
This bill would delete obsolete provisions with regard to
identification cards.
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 1.4 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.
(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.
(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.
(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.
(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.
(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).
(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.
SEC. 2. The Legislature further finds and declares
all of the following:
(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).
(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.
(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).
SEC. 3. 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 provision of 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 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.
SEC. 4. Section 1653.5 is added to the
Vehicle Code , to read:
1653.5. (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.
SEC. 5. Section 1653.5 is added to the
Vehicle Code , to read:
1653.5. (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.
SEC. 6. 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 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.
SEC. 7. Section 12800 is added to the
Vehicle Code , to read:
12800. 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.
SEC. 8. Section 12800 is added to the
Vehicle Code , to read:
12800. 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.
SEC. 9. 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 including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.
(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.
SEC. 10. Section 12801 is added to the
Vehicle Code , to read:
12801. (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.
SEC. 11. 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 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.
SEC. 12. Section 12801.5 of the Vehicle
Code is amended to read:
12801.5. (a) Notwithstanding any other provision of
law, the department shall require an applicant for an
original driver's license or identification card to submit
satisfactory proof that the applicant's presence in the United States
is authorized under federal law.
(b) The department shall not issue an original driver's license or
identification card to a person who does not submit satisfactory
proof that the applicant's presence in the United States is
authorized under federal law.
(c) The department shall adopt regulations to carry out the
purposes of this section, including procedures for, but not limited
to, (1) verifying that the applicant's presence in the United States
is authorized under federal law, (2) issuance of a temporary license
pending verification of the applicant's status, and (3) appeal
hearings from a denial of a license, temporary license, or
identification card.
(d) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of
verifying the citizenship or legal residency of applicants for driver'
s licenses and identification cards, in order for the state to
request reimbursement from the federal government.
(e) 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 16 years of 16
years. age.
(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 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.
SEC. 13. Section 12801.5 is added to the
Vehicle Code , to read:
12801.5. (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.
SEC. 14. Section 12801.5 is added to the
Vehicle Code , 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, 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.
SEC. 15. Section 12801.9 is added to the
Vehicle Code , to read:
12801.9. (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.
SEC. 16. Section 12810.10 is added to the
Vehicle Code , to read:
12810.10. (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.
SEC. 17. Section 12801.11 is added to the
Vehicle Code , to read:
12801.11. (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. All
matter omitted in this version of the bill appears in the bill as
amended in the Senate September 3, 2013. (JR11)