BILL ANALYSIS Ó
AB 60
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Date of Hearing: April 22, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 60 (Alejo) - As Amended: April 16, 2013
SUBJECT : Driver's licenses: eligibility: required documentation
SUMMARY : Requires the Department of Motor Vehicles (DMV) to
issue driver's licenses to persons who are ineligible for a
Social Security Number (SSN) if additional documentation is
provided, as specified. Specifically, this bill :
1)Makes legislative findings and declarations regarding the
safety risk posed by unlicensed drivers.
2)Provides that in addition to a SSN, applicants for a driver's
license or identification card may also provide other
documents as specified, that DMV finds clearly establishes the
identity of the applicant including:
a) A valid 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;
b) An original birth certificate or other proof of age as
designated by DMV;
c) A residential utility bill, lease or rental agreement,
or other proof of California residence as designated by
DMV; and,
d) One of the of the following documents, certified in
English translation or affidavit of translation if provided
in a language other than English:
i. Marriage or divorce license or certificate;
ii. Foreign federal electoral photo card issued in
1991 or thereafter;
iii. Official school or college transcript with
date of birth or foreign school record with a seal and
photo at the age when issued;
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iv. Federally issued Certificate of Eligibility
for foreign exchange students;
v. Filed property deed or title;
vi. Property tax bill or statement issued in the
last 12 months;
vii. Income tax return; or,
viii. Other proof of California residence as
designated by DMV.
1)Provides DMV the discretion to accept identification documents
other than a SSN from applicants under special circumstances,
including persons who have fled their country to seek asylum.
2)Specifies that documents used to establish proof of identity
are not public documents and prohibits DMV from disclosing
these documents for any purpose.
3)Deletes provisions that prohibit DMV from issuing a driver's
license to anyone who cannot establish legal presence.
4)Deletes provisions that allow DMV to issue a driver's license
to persons from another country that can establish legal
presence as approved by the federal government.
5)Deletes provisions that make it a misdemeanor for a person to
knowingly assist in obtaining a driver's license or
identification card for a person who is unable to establish
legal presence.
EXISTING LAW :
1)Requires applicants for driver's licenses and identification
cards to provide their SSN and proof of legal presence to DMV.
2)Requires DMV to verify the legal presence of driver's license
applicants. Pending that verification, the DMV may issue a
temporary license.
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3)Authorizes DMV to accept over 30 forms of documentation to
prove legal presence including a Canadian passport or a
foreign passport that is evaluated and approved by the United
States Citizenship and Immigration Services (USCIS) for
purposes of establishing lawful presence.
4)Makes it a misdemeanor for a person to knowingly assist in
obtaining a driver's license or identification card for a
person who is unable to establish legal presence.
5)At the federal level, requires an applicant for a driver's
license to provide verifiable proof of identity, date of
birth, legal status, SSN, and address of principal residence.
6)Allows persons who are granted deferred action by the USCIS to
be eligible to receive employment authorization for the period
of deferred action.
7)Allows persons who are granted deferred action and employment
authorization by USCIS to apply and obtain a SSN.
FISCAL EFFECT : If enacted, this bill will likely result in a
significant increase in the number of original driver's license
applications, at the very minimum, for an initial period of
time. The number of examination staff may be inadequate to
efficiently process these applications in a timely fashion at
department field offices. Moreover, additional training will be
required for current staff on how to evaluate and verify the
authenticity of the additional documents that will be accepted
under this bill. Lastly, AB 60 may cost the state in terms of
DMV hiring more staff and updating its information technology
system in order to process and record the additional
documentation that may be accepted under this bill.
COMMENTS : Senate Bill 976 (Alquist) Chapter 820, Statutes of
1993, required DMV to provide documentation that establishes a
"legal presence" in order to obtain a driver's license. This
legislation was designed to make the driver's license a more
secure form of identification and to prevent undocumented
immigrants from being licensed or obtaining identification
cards. In response to the enactment of SB 976, DMV authorized a
number of birth verification and immigration status documents
that applicants for an original driver's license or
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identification card can submit for the purpose of documenting
legal presence. DMV's process to verify these documents
involves several procedures including having a trained DMV field
office employee physically review documentation, such as a birth
certificate, for acceptability and authenticity. For foreign
documents submitted to establish legal presence, DMV cross
references for verification purposes the applicant's
documentation with the Federal Bureau of Citizenship and
Immigration Services' Systematic Alien Verification for
Entitlements database, an electronic intergovernmental-sharing
system set up to ensure that only legally entitled persons
receive government benefits and services.
State regulations specify the necessary documentation and steps
required for persons applying for a driver's license or
identification card including: information required to establish
legal presence, terms of issuance and restrictions, and SSN
verification. Additionally, regulations require DMV to verify
the authenticity of any SSN provided by an applicant through a
number of methods including electronic verification systems and
manual methods. DMV is prohibited from accepting an application
for a driver's license or identification card if the application
does not include a verified SSN except if:
1)The application was submitted with documents that establish
proof of the applicant's legal presence in the United States;
and,
2)The Department of Homeland Security (DHS) verifies that the
applicant is in the country legally but is not authorized to
work, and is therefore ineligible for a SSN.
The issue of allowing the licensure of undocumented immigrants
has been considered almost continually by the Legislature since
the 1999-2000 Legislative Session. Overall, almost every
proposal has died, been vetoed, or in one instance, been enacted
but subsequently repealed before its implementation. The debate
surrounding this issue is traditionally cast as trying to assure
all motorists, whether citizens or not, are trained, tested, and
insured versus the notion that licensing noncitizens will reward
law breaking activity and encourage illegal immigration.
AB 60 attempts to introduce an alternative solution to the
address this public policy issue. By using a model somewhat
similar to the State of Washington, a person unable to provide a
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SSN will have the option to submit several alternative forms of
documentation to show proof of identity and obtain a driver's
license. The author asserts that by providing this alternative,
AB 60 will "improve traffic safety by ensuring that drivers on
the road are properly trained, have passed a background and
driving test, know state driving laws, and become insured."
Currently three states allow persons unable to prove legal
presence to drive legally. The State of Utah administers a
two-tier system through the issuance of "driver privilege
cards", which can be used for driving purposes only and cannot
be used as proof of identity. Washington and New Mexico allow
undocumented individuals to use a consular identification card
and foreign passports as valid forms of documentation to show
proof of identity. Additionally, both of these states require
the applicant to submit several other forms of documentation in
order reaffirm identity and prove residency prior to receiving a
driver's license.
Similar to Washington and New Mexico, this bill will allow DMV
to accept a consular identification card or any unexpired
foreign passport, regardless of a person's legal status, as a
form of documentation to establish proof of identity. In order
to obtain one of the abovementioned documents, a person is, in
fact, required to provide several forms of documentation to
establish proof of identity such as an original birth
certificate from the country of origin and proof of residence.
Moreover, AB 60 takes an additional step in attempt to provide
additional protections by requiring an applicant to provide DMV
with several alternative forms of documentation to establish
proof of identity.
When considering the merits of this bill, it is also important
to note the recently related actions taken by the federal
government. DHS is currently in the process of evaluating the
progress of states' efforts in meeting Real ID Act compliance.
The Real ID Act intended to improve the security of state issued
driver's licenses and identification cards and includes certain
document and license issuance requirements including: enhanced
security features on the driver's license or identification
card, requiring SSN and date of birth documentation be
presented, and providing evidence of lawful status.
Non-compliant states will not be recognized for federal
identification purposes such as entering a federal building or
boarding an airplane. Overall enforcement of the Real ID Act
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has been deferred several times with DHS now considering
granting deferments for states that are making efforts to attain
Real ID compliance.
Additionally, on June 15, 2012, the Secretary of DHS announced
that certain people who have come to the United States as
children and meet specific requirements may request
consideration of deferred action for a period of two years.
Under the deferred action program, approved applicants will be
granted deferred removal action which may stop pending
deportation proceedings or preclude the federal government from
starting deportation proceedings against them. Moreover,
deferred action grantees are also eligible to apply and receive
employment authorization for the period of deferred action.
Upon receiving a federally issued employment authorization card,
an individual may apply (with additional documentation proving
age and identity) for a SSN.
In the previous legislative session, AB 2189 (Cedillo) Chapter
862, Statutes of 2012, ultimately brought state law into
conformity with the federal deferred action program. Thus,
deferred action grantees residing in California now have pathway
to apply for a driver's license once establishing lawful
presence. Overall, it is important to note that the ongoing
policy changes by the federal government make it is unclear as
to how the provisions specified in AB 60 will align with future
federal actions.
Previous legislation :
AB 2189 (Cedillo and Skinner), Chapter 862, Statutes of 2012,
allows persons granted deferred action by USCIS to qualify for a
driver's license upon proof of legal presence.
SB 60 (Cedillo) of 2007, would have required DMV to issue
drivers' licenses and identification cards that are Real ID
compliant to persons who are not able to demonstrate legal
presence status. That bill was vetoed by Governor
Schwarzenegger.
SB 1160 (Cedillo) of 2006, would have required DMV to issue
driver licenses, to persons who are unable to establish "lawful
presence", that permits driving but that is not acceptable,
under the federal Real ID Act of 2005, by federal agencies as
identification for access to airlines and other
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federally-regulated facilities. That bill died on Suspense in
the Assembly Appropriations Committee.
AB 60 (Cedillo) of 2005, would have required DMV to comply with
the federal the Real ID Act and authorize DMV to issue driver's
licenses and identification cards to undocumented immigrants,
providing that the license or identification card clearly states
that it may not be used for any other official purpose, and uses
a unique design or color. That bill was vetoed by Governor
Schwarzenegger.
REGISTERED SUPPORT / OPPOSITION :
Support
State Farm Insurance
California Grape and Tree Fruit League
Latino Health Alliance
California Immigrant Policy Center
Personal Insurance Federation of California
PICO California
Monterey County Board of Supervisors
California Labor Federation
California State Grange
Western Growers
Opposition
California for Population Stabilization
Unlicensedtokill.org
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093