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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