BILL ANALYSIS Ó
AB 60
Page 1
( 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
FN: 0002867