BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 60
Author: Alejo (D), et al.
Amended: 9/3/13 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-2, 7/2/13
AYES: DeSaulnier, Beall, Cannella, Galgiani, Hueso, Lara, Liu,
Roth
NOES: Gaines, Wyland
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/30/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
ASSEMBLY FLOOR : 55-20, 5/29/13 - See last page for vote
SUBJECT : Driver's licenses: eligibility: required
documentation
SOURCE : Author
DIGEST : 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
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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/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/her driver's license.
This bill:
1.Sunsets current provisions of law, as of January 1, 2015,
that:
A. Prohibit DMV from issuing a driver's license to an
applicant who cannot provide proof of legal presence in the
U.S.
B. 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.
C. Require DMV to issue a temporary driver's license to a
legal nonimmigrant if he/she has successfully completed the
application and related requirements but the U.S.
Immigration and Naturalization Service has not yet verified
the applicant's legal presence status.
D. 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
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presence.
1.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. Requires all applications for
a driver's license, to include, in addition to space for a
social security number, a space for a number associated with
any document that established the identity of the applicant,
as determined by DMV.
2.Allows such an applicant to provide, in lieu of proof of legal
presence in the U.S. and a social security number, all of the
following:
A. 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;
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. 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:
(1) A marriage license or divorce certificate;
(2) A foreign federal electoral photo card issued on
or after January 1, 1991;
(3) A foreign driver's license;
(4) A federally issued application for asylum and
withholding of removal;
(5) 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
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applicant at the age the record was issued;
(6) A federally issued certificate of eligibility for
foreign exchange students;
(7) A property deed or title;
(8) A property tax bill or statement issued within the
previous 12 months;
(9) An income tax return; or
(10) Other proof of identity as designated by DMV.
1.Specifies the information collected pursuant to the above is
not a public record and DMV shall not disclose it for any
purpose.
2.Specifies that this bill does not apply to the issuance or
renewal of a commercial driver's license or an original
identification card.
6.Provides that DMV shall require an applicant for an original
identification card to submit satisfactory proof that the
applicant's presence in the United States is authorized under
federal law before issuing a card.
7.Provides that DMV shall adopt regulations for the procedures
to verify the applicant's legal presence, and for appeal
hearings for the denial of an identification card.
8.Requires DMV to submit a supplemental budget report to the
Governor and the Legislature each year detailing the costs of
verifying the citizenship or legal residency of applicants for
identification cards, in order for the state to request
reimbursement from the federal government.
9.Makes it a misdemeanor for any person to knowingly assist in
obtaining an identification card for any person whose presence
in the United States is not authorized under federal law.
Background
REAL ID Act . The federal REAL ID Act of 2005 enacts the 9/11
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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
U.S. 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 U.S. 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.
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,
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/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 U.S. 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Estimated DMV costs of approximately $140 million to $220
million over three years to issue approximately 1.4 million
new driver's licenses (Motor Vehicle Account). Most of these
costs are for new temporary facilities, additional staff, and
increased processing time in field offices throughout the
state.
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Estimated driver's license application fee revenues of
approximately $50 million over three years (Motor Vehicle
Account).
SUPPORT : (Verified 9/3/13)
AFSCME
California Catholic Conference
California Farm Labor Contractor Association
California Farm Labor Contractors Association
California Grape and Tree Fruit League
California Immigrant Policy Center
California Labor Federation
California Labor Foundation
California Latino Caucus
California Primary Care Association
California State Grange
Cities of Berkeley, Lathrop, Los Angeles and Pomona
Coalition for Humane Immigrant Rights of Los Angeles
Council of Mexican Federations
Department of Insurance
Farmers Insurance
Friends Committee on Legislation of California
Inland Empire Immigrant Youth Coalition
Justice for Immigrants Coalition of Southern California- San
Bernardino
Latina(o) Roundtable of Pomona and San Gabriel Valley
Latino Coalition for a Healthy California
Latino Democratic Club, Sacramento
Mexican American Legal Defense and Educational Fund
Monterey County Supervisors
National Council of La Raza
Personal Insurance Federation of California
PICO California
Pomona Economic Opportunity Center
Pomona Habla Community Coalition
Pueblo de Fe United for Workers Justice-Inland Valleys
Warehouse Workers United- Ontario
OPPOSITION : (Verified 9/3/13)
unlicensedtokill.org
ARGUMENTS IN SUPPORT : The author points to a DMV study
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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 U.S. in order to obtain a license. The author notes that
approximately one in five fatal crashes in the U.S. 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.
ARGUMENTS IN OPPOSITION : 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.
ASSEMBLY FLOOR : 55-20, 5/29/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chesbro, Cooley, Daly, Dickinson,
Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez,
Gordon, Gorell, Gray, Hall, Roger Hernández, Jones-Sawyer,
Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi,
Nazarian, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva,
Rendon, Salas, Skinner, Stone, Ting, Weber, Wieckowski,
Williams, Yamada, John A. Pérez
NOES: Allen, Bigelow, Conway, Dahle, Donnelly, Beth Gaines,
Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein,
Mansoor, Melendez, Morrell, Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Chávez, Holden, Nestande, Olsen, Vacancy
JA:ej 9/3/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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