BILL ANALYSIS Ó
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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.
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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
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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;
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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
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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
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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
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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
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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
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"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
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