BILL ANALYSIS Ó
AB 60
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Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 60 (Alejo) - As Amended: April 16, 2013
Policy Committee:
TransportationVote:11-4
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the DMV to issue driver's licenses to persons
ineligible for a Social Security Number (SSN) who provide
alternative specified documentation. Specifically, this bill:
1)Stipulates that, in lieu of a providing a SSN, applicants must
provide all of the following documents to the DMV to be
eligible for a driver's license or identification card:
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;
iv) Federally issued Certificate of Eligibility for
foreign exchange students;
v) Filed property deed or title;
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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.
2)Provides the DMV with discretion to accept documents other
than those listed above, if, due to particular barriers, such
as fleeing one's country to seek asylum, an applicant is
unable to obtain the above documents.
3)Requires every DMV form used by an applicant for a new or
renewed driver's license or identification card to include a
section of the applicant's SSN or a number associated with any
document the DMV finds clearly establishes the applicant's
identity.
4)Deletes various other provisions to conform to the new
requirements outlined above.
FISCAL EFFECT
The DMV estimates the bill would make roughly two million
undocumented immigrants immediately eligible for a DL or ID. The
department currently processes approximately 1.5 million DL/IDs
annually. The influx of so many new applicants could have a
significant impact on the department's operation and will likely
cost tens of millions of dollars related to additional staffing,
facilities (possibly temporary), training, drafting of
regulations, and programming. The department indicates it has
begun a thorough evaluation of the bill's requirements and is
examining several different strategies to meet these
requirements in the most cost-effective manner.
At the very least, the effective date of the bill will need to
be deferred to address implementation issues.
COMMENTS
1)Background . State regulations specify the necessary
documentation and steps required in applying for a driver's
license or identification card including: information required
to establish legal presence, terms of issuance and
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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 unless:
a) The application was submitted with documents that
establish proof of the applicant's legal presence in the
United States; and,
b) 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 1999-00 Legislative Session. 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.
2)Purpose . AB 60 attempts to introduce an alternative solution
to this issue, by using a model somewhat similar to the State
of Washington, whereby a person unable to provide a 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."
3)Deferred Action . In June 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
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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 for a SSN. AB 2189
(Cedillo)/Chapter 862 of 2012, brought state law into
conformity with the federal program, thus, deferred action
grantees residing in California now have pathway to apply for
a driver's license once establishing lawful presence.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081