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 ----------------------------------------------------------------- |ASSEMBLY: |55-20|(May 29, 2013) |SENATE: |28-8 |(September 12, | | | | | | |2013) | ----------------------------------------------------------------- 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. AB 60 Page 2 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 AB 60 Page 3 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; AB 60 Page 4 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 AB 60 Page 5 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 AB 60 Page 6 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 AB 60 Page 7 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