BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                         AB 60|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  AB 60
          Author:   Alejo (D), et al.
          Amended:  9/12/13 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 authorizes the Department of Motor Vehicles  
          (DMV) to issue an original driver's license to a person who is  
          unable to submit satisfactory proof that the applicant's  
          presence in the United States is authorized under federal law if  
          he/she meets all other qualifications for licensure and provides  
          satisfactory proof to DMV, of his/her identity and California  
          residency.

                                                                CONTINUED





                                                                      AB 60
                                                                     Page  
          2

           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/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.Provides a driver's license applicant who is unable to provide  
            satisfactory proof that his/her presence in the United States  
            is authorized under federal law may sign an affidavit  
            attesting that he/she is both ineligible for a social security  
            account number and unable to submit satisfactory proof that  
            his/her presence in the United States is authorized under  
            federal law, and provides this affidavit is not a public  
            record and shall be accepted by the DMV in lieu of a social  
            security account number.  Prohibits this information from  
            being used to consider an individual's citizenship or  
            immigration status as a basis for a criminal investigation,  
            arrest or detention.

          2.Requires DMV to issue an original driver's license to a person  
            who is unable to submit satisfactory proof that the  
            applicant's presence in the United States is authorized under  
            federal law if he/she meets all other qualifications for  

                                                                CONTINUED





                                                                      AB 60
                                                                     Page  
          3

            licensure and provides satisfactory proof to the department of  
            his/her identity and California residency.

          3.Requires DMV adopt emergency regulations to carry out this  
            bill including, but not limited to, procedures for (1)  
            identifying documents acceptable for the purposes of proving  
            identity and California residency, (2) procedures for  
            verifying the authenticity of the documents, (3) issuance of a  
            temporary license pending verification of the document's  
            authenticity, and (4) hearings to appeal a denial of a license  
            or temporary license.  Requires, for purposes of adopting the  
            emergency regulations, DMV consult with appropriate interested  
            parties in accordance with the Administrative Procedures Act,  
            including law enforcement, immigrant rights and labor  
            representatives, and other stakeholders, including, but not  
            limited to, the California Highway Patrol, the California  
            State Sheriffs' Association, and the California Police Chiefs  
            Association.

          4.Requires DMV to accept the following types of documentation  
            for purposes of establishing identity and California  
            residency:

             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.   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;

                                                                CONTINUED





                                                                      AB 60
                                                                     Page  
          4


             A.   A federally issued application for asylum and  
               withholding of removal;

             B.   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;

             C.   A federally issued certificate of eligibility for  
               foreign exchange students;

             D.   A property deed or title;

             E.   A property tax bill or statement issued within the  
               previous 12 months; or

             F.   An income tax return.

          1.Requires a license or temporary license issued pursuant to  
            this bill include a recognizable feature on the front of the  
            card, such as the letters "DP" instead of, and in the same  
            font size as the "DL," with no other distinguishable feature  
            and shall bear the following notice: 

               "This card is not acceptable for official federal purposes.  
                This license is issued only as a license to drive a motor  
               vehicle.  It is acceptable for driving privileges only.  It  
               does not establish eligibility for employment, voter  
               registration, or public benefits."

          2.Requires, if the United States Department of Homeland Security  
            (DHS) determines a license issued pursuant to this bill does  
            not satisfy the requirements of the Real ID Act of 2005  
            (Public Law 109-13), the DMV modify the license only to the  
            extent necessary to satisfy the requirements of that law.

          3.Prohibits a peace officer from detaining or arresting a person  
            solely on the belief that the person is an unlicensed driver,  
            unless the officer has reasonable cause to believe the person  
            driving is less than 16 years of age.

          4.Provides the inability to obtain a driver's license pursuant  
            to this bill does not abrogate or diminish in any respect the  

                                                                CONTINUED





                                                                      AB 60
                                                                     Page  
          5

            legal requirement of every driver in this state to obey the  
            motor vehicle laws of this state, including laws with respect  
            to licensing, motor vehicle registration, and financial  
            responsibility.

          5.Provides it is a violation of the Unruh Civil Rights Act to  
            discriminate against an individual because he/she holds or  
            presents a license issued under this bill.

          6.Prohibits a license issued pursuant to this bill from being  
            used to consider an individual's citizenship or immigration  
            status as a basis for a criminal investigation, arrest, or  
            detention.

          7.Requires, on or before January 1, 2018, the California  
            Research Bureau compile and submit to the Legislature and the  
            Governor a report of any violations related to items 9 and 10  
            above.  Prohibits information pertaining to any specific  
            individual from being provided in the report.

          8.Specifies a person applying for an original license pursuant  
            to this bill may be required to pay an additional fee  
            determined by the DMV that is sufficient to offset the  
            reasonable administrative costs of implementing the provisions  
            of this bill.  If this additional fee is assessed, it shall  
            only apply until June 30, 2017.

          9.Authorizes, if the director of DMV determines that the DMV is  
            prepared to begin issuing driver's licenses on a date sooner  
            than January 1, 2015, the director shall execute a declaration  
            stating that determination and date and, within five business  
            days, provide a copy of that declaration to the appropriate  
            fiscal and policy committees of the Legislature and to the  
            Governor, and shall post this information on its Internet Web  
            site.

          10.Provides most provisions of this bill become effective  
            January 1, 2015, or the date the director issues the  
            declaration above.  Provides a contingency sunset date  
            effective on the date of a final judicial determination made  
            by any court or appellate jurisdiction that any provision of  
            the bill, either in part or whole, if found unconstitutional.

          11.Specifies this bill does not apply to applications for a  

                                                                CONTINUED





                                                                      AB 60
                                                                     Page  
          6

            commercial driver's license.

           Background
           
           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  
          United States.  The REAL ID Act prohibits federal agencies from  
          accepting documents for official purposes (e.g., boarding an  
          airplane or entering a federal building) unless 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  

                                                                CONTINUED





                                                                      AB 60
                                                                     Page  
          7

            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.

           Estimated driver's license application fee revenues of  
            approximately $50 million over three years (Motor Vehicle  
            Account).

           SUPPORT  :   (Verified  9/11/13)

          AFSCME
          California Catholic Conference
          California Farm Labor Contractor Association
          California Grape and Tree Fruit League
          California Immigrant Policy Center
          California Labor Foundation
          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
          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  9/11/13)

          Asian Americans for Civil Rights and Equality
          California Labor Federation

                                                                CONTINUED





                                                                      AB 60
                                                                     Page  
          8

          California Nurses Association
          California Professional Firefighters
          California Rural Legal Assistance Foundation
          California Teamsters Public Affairs Council
          MALDEF
          SEIU
          United Farm Workers
          UnlicensedToKill.org

           ARGUMENTS IN SUPPORT  :    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 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.

          Other opponents state, "We strongly support driver's licenses  
          for all motorists to ensure that all drivers are licensed, safe,  
          and insured.  Unfortunately, AB 60 stops far short of that goal.  
           Distinguishing marks on licenses that single out undocumented  
          community members would make people vulnerable to discriminatory  
          treatment on and off the road, and could easily lead to  
          detention or deportation of hard working Californians.  A  

                                                                CONTINUED





                                                                     AB 60
                                                                     Page  
          9

          "scarlet letter" type marking on licenses, coupled with a  
          prohibition against the use of the driver's license as  
          identification will negatively impact community members.   
          California can and should do better!"

           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  9/11/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****



















                                                                CONTINUED