BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 60
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          (  Without Reference to File  )

          CONCURRENCE IN SENATE AMENDMENTS
          AB 60 (Alejo)
          As Amended  September 12, 2013
          Majority vote
           
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          |ASSEMBLY:  |55-20|(May 29, 2013)  |SENATE: |28-8 |(September 12, |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    TRANS  .

           SUMMARY  :  Requires the Department of Motor Vehicles (DMV) to  
          issue driver's licenses to persons who are ineligible for a  
          Social Security Number (SSN) if additional documentation is  
          provided, as specified. 

           The Senate amendments  require DMV to issue a driver's license to  
          individuals who are ineligible for a SSN if the individual can  
          provide specified documents.  Provides that for an applicant  
          that cannot provide a SSN or establish satisfactory proof of  
          legal presence DMV shall issue a separate driver's license with  
          recognizable features, as specified.  Specifically,  this bill: 
           
          1)Makes legislative findings and declarations regarding the  
            safety risk posed by unlicensed drivers.  

          2)Makes additional declarations and findings pertaining to DMV  
            and the protection of civil rights for individuals subject to  
            the provisions in this bill.  

          3)Allows an individual who is applying to DMV on or after  
            January 1, 2015, for an original driver's license or license  
            renewal to provide, in lieu of a social security number,  
            satisfactory proof that his or her presence in the US is  
            authorized under federal law.  

          4)Provides that an applicant  who is unable to provide  
            satisfactory proof of legal presence in the United States may  
            sign an affidavit attesting they are ineligible for a SSN and  
            unable to provide proof of legal presence.  Requires DMV to  
            accept the affidavit in lieu of a SSN and specifies that the  
            affidavit is not public record.  








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          5)Provides that the provisions of this bill will take effect on  
            January 1, 2015, or on the date the DMV Director issues a  
            declaration that DMV is prepared to begin issuing the driver's  
            licenses specified in this bill within five business days,  
            prior to January 1, 2015.  

          6)Provides a contingency to sunset any provision of this bill if  
            a court finds it invalid or unconstitutional.  

          7)Requires DMV to not complete a driver's license application  
            unless the applicant provides either a SSN, documentation  
            other than a SSN that establishes legal presence, or a signed  
            affidavit.  

          8)Specifies that than applicant for an original driver's license  
            or identification card is required to submit satisfactory  
            proof of legal presence in the United States and that DMV  
            shall not issue an original driver's license or identification  
            card to an applicant that does not provide satisfactory proof  
            as specified.  

          9)Requires DMV to issue an original driver's license to an  
            applicant who is unable to provide satisfactory proof of legal  
            presence in the United States if they:

             a)   Meet all other qualifications for licensure; and, 

             b)   Provides satisfactory proof to DMV of the applicant's  
               identity and state residency. 

          10)Requires DMV to adopt emergency regulations to implement  
            provisions specified in this bill, including but not limited  
            to:

             a)   Identifying documents acceptable for the purposes of  
               proving identity and California residency;
                
             b)   Procedures for verifying the authenticity of the  
               abovementioned documents; 

             c)   The issuance of a temporary license pending verification  
               of the applicants status; and,  

             d)   Hearings to appeal a denial of a license or a temporary  








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               license.  

             11)  Requires DMV to promulgate these regulations in  
               consultation with law enforcement representatives  
               including, but not limited to, the California Highway  
               Patrol, the California State Sheriffs' Association, and the  
               California Police Chiefs Association, as well as immigrant  
               rights, labor, and other stakeholder organizations.   
               Requires DMV to promulgate these regulations pursuant to  
               the Administrative Procedures Act.  

          12) Specifies that DMV shall accept  various types of documents  
            to establish proof of identity and state residency, including  
            but not limited to: 

             a)   A valid, unexpired consular identification document  
               issued by a consulate from the applicant's country of  
               citizenship, or a valid unexpired passport from the  
               applicant's country of citizenship; 

             b)   An original birth certificate, or other proof of age, as  
               designated by DMV;

             c)   A home utility bill, lease or rental agreement, or other  
               proof of state residency, as designated by DMV; 

             d)   The following documents, certified in English  
               translation or affidavit of translation if provided in a  
               language other than English:

               i)     A marriage license or divorce certificate;

               ii)    A foreign federal electoral photo card issued on or  
                 after January 1, 1991; and, 

               iii)   A foreign driver's license; 

             e)   A United States Department of Homeland Security (DHS)  
               issued Application for Asylum and for Withholding of  
               Removal (I-589  Form); 

             f)   An official school or college transcript, as specified; 

             g)   Federally issued Certificate of Eligibility for foreign  
               exchange students; 








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             h)   A deed or title to real property; 

             i)   A property tax bill or statement issued within the  
               previous 12 months; and, 

             j)   An income tax return.  

          1)Requires that a driver's license or temporary driver's license  
            issued to an applicant that cannot provide a SSN or  
            satisfactory proof of legal presence shall include the  
            following: 

             a)   A recognizable feature on the front of the card, such as  
               the letters "DP"(driving privilege) instead of "DL"  
               (driver's license) with no other distinguishable feature;  
               and, 

             b)   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 does not establish  
               eligibility for employment, voter registration, or public  
               benefits."  

          2)Requires DMV to modify the driver's license if DHS determines  
            the driver's license specifications do not satisfy the  
            requirements as specified in the Federal Real ID Act to meet  
            these requirements.  Specifies DMV to modify the license only  
            to the extent necessary to satisfy Real ID requirements.  

           3) Specifies the information collected pursuant to the  
             abovementioned provisions is not public record and shall not  
             be disclosed by DMV, except as required by law.  

          4) Specifies that the discrimination of an individual related to  
            possession or presentation of the abovementioned driver's  
            license shall be a violation of law, including, but not  
            limited to,  the Unruh Civil Rights Act.  

          5)Specifies that a driver's license issued under the provisions  
            of this bill shall not be used to consider an individual's  
            citizenship or immigration status as a basis for a criminal  
            investigation, arrest, or detention.  

          6)Requires the California Research Bureau on or before January  








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            1, 2018, to submit a report to the Legislature and Governor of  
            any violations of the two provisions listed above.

          7) Allows DMV to charge an additional fee, until June 30, 2017,  
            to individuals applying for license pursuant to this bill to  
            cover administration costs.  

          8)Clarifies that applicants for a commercial driver's license  
            must provide a SSN.  

           EXISTING LAW  : 

          1)Requires applicants for driver's licenses and identification  
            cards to provide their SSN and proof of legal presence to DMV.  
             

          2)Requires DMV to verify the legal presence of driver's license  
            applicants.  Pending that verification, the DMV may issue a  
            temporary license.  

          3)Authorizes DMV to accept over 30 forms of documentation to  
            prove legal presence including a Canadian passport or a  
            foreign passport that is evaluated and approved by the United  
            States Citizenship and Immigration Services (USCIS) for  
            purposes of establishing lawful presence.  

          4)Makes it a misdemeanor for a person to knowingly assist in  
            obtaining a driver's license or identification card for a  
            person who is unable to establish legal presence.  

          5)At the federal level, requires an applicant for a driver's  
            license to provide verifiable proof of identity, date of  
            birth, legal status, SSN, and address of principal residence.   


          6)Allows persons who are granted deferred action by the USCIS to  
            be eligible to receive employment authorization for the period  
            of deferred action.  

          7)Allows persons who are granted deferred action and employment  
            authorization by USCIS to apply and obtain a SSN.  

           FISCAL EFFECT  :  According to Senate Appropriations Committee:  

          1)Estimated DMV costs of approximately $140 million to $220  








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            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.  

          2)Estimated driver's license application fee revenues of  
            approximately $50 million over three years.

           COMMENTS  :  The issue of allowing the licensure of undocumented  
          immigrants has been considered almost continually by the  
          Legislature since the 1999-2000 Legislative Session.  Overall,  
          almost every proposal has died, been vetoed, or in one instance,  
          been enacted but subsequently repealed before its  
          implementation.  The debate surrounding this issue is  
          traditionally cast as trying to assure all motorists, whether  
          citizens or not, are trained, tested, and insured versus the  
          notion that licensing noncitizens will reward law breaking  
          activity and encourage illegal immigration.    
           
           When considering the merits of this bill, it is important to  
          note the related actions taken by the federal government related  
          to the Real ID Act.  DHS is currently in the process of  
          evaluating the progress of states' efforts in meeting Real ID  
          Act compliance.  The Real ID Act intended to improve the  
          security of state issued driver's licenses and identification  
          cards and includes certain document and license issuance  
          requirements including:  enhanced security features on the  
          driver's license or identification card, requiring SSN and date  
          of birth documentation be presented, and providing evidence of  
          lawful status.  Non-compliant states will not be recognized for  
          federal identification purposes such as entering a federal  
          building or boarding an airplane.  Overall enforcement of the  
          Real ID Act has been deferred several times with DHS now  
          considering granting deferments for states that are making  
          efforts to attain Real ID compliance.  
           
           This bill provides an alternative approach that attempts to the  
          address Real ID compliance.  This bill will, by January 1, 2015,  
          require DMV to issue a driver's license for the sole purpose of  
          operating a motor vehicle and cannot be used for identification  
          or federal purposes.  As a result, the provisions in this bill  
          would allow persons unable to provide satisfactory proof of  
          legal presence to apply for a driver's license, while not  
          jeopardizing the state's efforts to reach Real ID compliance  








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          from the federal government.  

          Amendments taken in the Senate are intended to address a number  
          of issues brought up by several organizations opposing this  
          bill.  For example the amendments strike the specific penalty  
          for anyone perjuring on an affidavit and also specify that  
          discrimination on the holder of a driver privilege card is a  
          violation of law, including, but not limited to the Unruh Civil  
          Rights Act. In turn, the amendments raise a number of unanswered  
          questions on the validity of a signed affidavit by an applicant  
          if no penalties are associated to this provision and  
          additionally opening the door to potential litigation from other  
          state and federal law such as the Fair Employment and Housing  
          Act.  

           
          Analysis Prepared by  :    Manny Leon / TRANS. / (916) 319-2093 


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