BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 60
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: alejo
VERSION: 5/24/13
Analysis by: Erin Riches FISCAL: yes
Hearing date: July 2, 2013
SUBJECT:
Driver's licenses: eligibility: required documentation
DESCRIPTION:
This bill requires the Department of Motor Vehicles (DMV) to
issue a driver's license to individuals who are ineligible for a
social security number if the individual can provide specified
documents.
ANALYSIS:
Existing law generally requires all drivers to hold a California
driver's license in order to drive in this state, with limited
exceptions such as operation of farm machinery and off-road
highway vehicles.
Existing law allows an individual who holds a valid driver's
license from another state or country to drive in California as
long as that license remains valid. If an individual becomes a
California resident, he or she must obtain a California driver's
license within 10 days.
Existing law establishes a provisional driver's license program
for individuals between 16 and 18 years of age with specified
requirements. An individual 18 years or older may apply for an
original driver's license by completing an application, giving a
thumbprint, having a picture taken, providing a social security
number, providing verification of birth date and legal presence,
paying an application fee, passing an eye exam, and passing a
traffic laws and sign test. DMV may issue a permit once the
individual completes these requirements. A permit holder must
be accompanied by another individual 18 years or older when
practicing driving. A permit holder may schedule a driving test
at DMV at any time after obtaining a permit. Upon passing the
driving test, a permit holder receives his or her driver's
license.
This bill :
Sunsets current provisions of law, as of January 1, 2015,
AB 60 (ALEJO) Page 2
that:
Prohibit DMV from issuing a driver's license to an
applicant who cannot provide proof of legal presence in the
US.
Allow DMV to issue a driver's license to an applicant
from another country who can establish legal presence as
approved by the federal government.
Require DMV to issue a temporary driver's license to a
legal nonimmigrant if he or she has successfully completed
the application and related requirements but the US
Immigration and Naturalization Service has not yet verified
the applicant's legal presence status.
Make it a misdemeanor for an individual to assist
knowingly in obtaining a driver's license or identification
card for an individual who is unable to establish legal
presence.
Allows an individual who is applying to DMV after January 1,
2015, for an original driver's license or license renewal to
provide, in lieu of a social security number, a number
associated with a document that DMV finds clearly establishes
the identity of the applicant.
Allows such an applicant to provide, in lieu of proof of legal
presence in the US and a social security number, all of the
following:
A valid consular identification document issued by a
consulate from the applicant's country of citizenship, or a
valid passport from the applicant's country of citizenship;
An original birth certificate or other proof of age as
designated by DMV;
A residential utility bill, lease or rental agreement,
or other proof of California residence as designated by
DMV; and
Any 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:
AB 60 (ALEJO) Page 3
§ A marriage license or divorce certificate;
§ A foreign federal electoral photo card issued on or
after January 1, 1991;
§ A foreign driver's license;
§ A federally issued application for asylum and
withholding of removal;
§ An official school or college transcript that
includes the applicant's date of birth or a sealed
foreign school record that includes a photograph of the
applicant at the age the record was issued;
§ A federally issued certificate of eligibility for
foreign exchange students;
§ A property deed or title;
§ A property tax bill or statement issued within the
previous 12 months;
§ An income tax return; or
§ Other proof of identity as designated by DMV.
Information collected pursuant to the above is not a public
record and DMV shall not disclose it for any purpose.
COMMENTS:
1.Purpose . The author points to a DMV study published in
September 2012 that found that compared to licensed drivers,
suspended or revoked and unlicensed drivers are nearly three
times more likely to cause a fatal crash. The study notes
that "it is likely that the percentage of drivers in [the
unlicensed] group who are ineligible for a license increased
following enactment of California Senate Bill 976 on January
1, 1994." SB 976 (Alquist), Chapter 820, Statutes of 1994,
requires driver's license applicants to provide proof of legal
presence in the US in order to obtain a license. The author
notes that approximately one in five fatal crashes in the US
involves an unlicensed or invalidly licensed driver. The
author states that this bill will improve traffic safety as it
will ensure that drivers on roads are properly trained, pass
the driving test, pass a background check, know our state
driving laws, and become insured.
2.Commercial driver's licenses . This bill as currently written
applies to all driver's licenses issued by DMV. Federal
regulations, however, require that an individual provide a
social security number in order to obtain a commercial
driver's license (e.g., to drive a truck or bus.) Failure to
AB 60 (ALEJO) Page 4
comply with federal regulations could put California at risk
of losing federal highway funds and being rendered ineligible
for federal grant funding. The committee may wish to consider
amending the bill to specify that it does not apply to
commercial driver's licenses.
3.REAL ID Act . The federal REAL ID Act of 2005 enacts the 9/11
Commission's recommendation to establish federal standards for
issuing driver's licenses and other sources of identification.
It establishes minimum standards including enhanced security
features on the driver's license or identification card and a
requirement for applicants to provide their social security
number, birth certificate, and proof of legal presence in the
US. The REAL ID Act prohibits federal agencies from accepting
documents for official purposes (e.g., boarding an airplane or
entering a federal building) unless the US Department of
Homeland Security (DHS) has determined that the state meets
the minimum standards. To date, DHS has determined that 13
states - not including California - meet REAL ID standards.
DHS has granted the remaining states a deferment. This bill
does not comply with the REAL ID Act. The author states that
he is working with stakeholders to craft language to recognize
that statute will need to be amended when California
implements the REAL ID Act. The committee may wish to
consider this as an indication that this bill is premature.
4.One more time . The California Legislature has debated the
issue of driver's licenses for undocumented immigrants for
more than 20 years. Most proposals to reverse SB 976 of 1994
have died or have been vetoed, though in one instance a bill
was enacted but the Legislature subsequently repealed it
before the law was implemented. Some states have passed
legislation that strikes a compromise by authorizing driver's
licenses that may only be used for driving purposes, not for
identity (e.g., to obtain government services.) The committee
may wish to consider amending the bill to require DMV instead
to issue a separate, stand-alone driver's license that can be
used for driving purposes only. This would address concerns
that the driver's license could be used as identification to
obtain services, as well as addressing the concerns raised in
Comment #3 because such a license would comply with the REAL
ID Act.
5.Federal developments . In June 2012, DHS issued a directive
allowing certain individuals who came to the US as children
and who meet several key criteria to request consideration of
deferred action (e.g, deferral of deportation) for two years,
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subject to renewal; these individuals then become eligible for
work authorization. Upon receiving a federal work
authorization card, an individual may apply for a social
security number, as long as he or she can provide additional
documentation proving age and identity. AB 2189 (Cedillo),
Chapter 862, Statutes of 2012, brought California into
conformity with the federal deferred action program. Thus,
deferred action grantees in California now have a pathway to
apply for a driver's license once they have established legal
presence. Congress is currently debating whether and how to
reform the US immigration system. It is unclear how the
outcome of this debate might affect REAL ID implementation,
the deferred action program, and federal driver's license
regulations.
6.Implementation issues . If enacted, this bill will likely
result in a significant increase, at least for an initial
period, in the number of original driver's license
applications. DMV currently licenses approximately 1.3
million individuals per year. This bill could create an
influx of
more than two million additional applicants. The existing
number of DMV field office examination staff may be inadequate
to efficiently process these applications in a timely manner.
Moreover, DMV would have to provide additional training for
current staff on how to evaluate and verify the authenticity
of the additional documents that DMV will accept under this
bill. In addition to additional staff and training needs, DMV
would need to update its information technology system in
order to process and record the additional documentation that
it would accept under this bill. This bill includes language
delaying its operative date until January 1, 2015, in order to
help address these concerns, but it does not include an
appropriation to DMV to assist in implementation.
7.Opposition arguments . Writing in opposition to this bill,
unlicensedtokill.org notes that the only recommendation DMV
makes in the study cited by the author is to impound the cars
of unlicensed drivers to get them off the road, not to issue
licenses to them. The organization states that after New
Mexico began issuing driver's licenses to undocumented
immigrants in 2003, traffic fatalities increased
significantly, despite falling in other states during the same
period. The organization argues that licensing undocumented
immigrants will not make them safer drivers and will not
guarantee that they obtain insurance.
AB 60 (ALEJO) Page 6
Assembly Votes:
Floor: 55-20
Appr: 12-5
Trans: 11-4
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 26,
2013.)
SUPPORT: American Federation of State, County and
Municipal Employees
California Catholic Conference, Inc.
California Farm Labor Contractor Association
California Grape and Tree Fruit League
California Labor Foundation
California Latino Caucus
California State Grange
City of Berkeley
City of Lathrop
Coalition for Humane Immigrant Rights of Los
Angeles
Inland Empire Immigrant Youth Coalition
Monterey County Board of Supervisors
Department of Insurance
Personal Insurance Federation of California
State of California, Department of Insurance
Western Growers Association
OPPOSED: unlicensedtokill.org