Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1465

Introduced by Assembly Member Gordon

February 27, 2015

An act begin insert to amend, repeal, and add Section 12801.5 of the Vehicle Code, end insert relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1465, as amended, Gordon. Driver’s licenses.

begin insert

Existing law requires the Department of Motor Vehicles to issue driver’s licenses to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law.

end insert begin insert

This bill would also require, beginning July 1, 2016, an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency, and would prohibit the department from issuing an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency. The bill would require the department to adopt regulations relating to the procedures for verifying that the applicant is a California resident.

end insert begin delete

Existing law, the federal REAL ID Act of 2005 requires, among other things, that in order for a state’s driver’s licenses and identification cards to be accepted for official purposes, including boarding a commercial aircraft, the state is required to comply with specified provisions, including that the state require, prior to issuance of driver’s licenses or identification cards, valid documentary evidence of lawful presence in the country.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation that requires the Department of Motor Vehicles to initiate any statutory or regulatory changes, to the extent that they are necessary, to satisfy the requirements of the Real ID Act of 2005.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 12801.5 of the end insert begin insert Vehicle Code end insert begin insert , as added
by Section 13 of Chapter 524 of the Statutes of 2013, is amended
to read: end insert

12801.5.  

(a) Except as provided in Section 12801.9, the
department shall require an applicant for an original driver’s license
or identification card to submit satisfactory proof that the
applicant’s presence in the United States is authorized under federal
law.

(b) Except as provided in Section 12801.9, the department shall
not issue an original driver’s license or identification card to a
person who does not submit satisfactory proof that the applicant’s
presence in the United States is authorized under federal law.

(c) The department shall adopt regulations to carry out the
purposes of this section, including, but not limited to, procedures
for (1) verifying that the applicant’s presence in the United States
is authorized under federal law, (2) issuance of a temporary license
pending verification of the applicant’s status, and (3) hearings to
appeal a denial of a license, temporary license, or identification
card.

(d) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of verifying the citizenship or legal residency
of applicants for driver’s licenses and identification cards, in order
for the state to request reimbursement from the federal government.

(e) Notwithstanding Section 40300 or any other law, a peace
officer shall not detain or arrest 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 under 16 years of age.

(f) The inability of an individual to obtain a driver’s license
pursuant to this section does not abrogate or diminish in any respect
the 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.

(g) This section shall become operative on January 1, 2015, or
on the date that the director executes a declaration pursuant to
Section 12801.11, whichever is sooner.

(h) This section shall become inoperative on begin insert July 1, 2016, or end insert
the effective date of a final judicial determination made by any
court of appellate jurisdiction that any provision of the act that
added this section, or its application, either in whole or in part, is
enjoined, found unconstitutional, or held invalid for any begin delete reason. end delete
begin insert reason, whichever is sooner, and, as of January 1, 2017, is
repealed, unless a later enacted statute, that becomes effective on
or before January 1, 2017, deletes or extends the dates on which
it becomes inoperative and is repealed. end insert The department shall post
begin delete this end delete information begin insert relating to a final judicial determination end insert on its
Internet Web site.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 12801.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12801.5. end insert   

(a) Except as provided in Section 12801.9, the
department shall require an applicant for an original driver’s
license or identification card to submit satisfactory proof of
California residency and that the applicant’s presence in the
United States is authorized under federal law.

(b) Except as provided in Section 12801.9, the department shall
not issue an original driver’s license or identification card to a
person who does not submit satisfactory proof that the applicant’s
presence in the United States is authorized under federal law.

(c) The department shall not issue an original driver’s license
or identification card to a person who does not submit satisfactory
proof of California residency.

(d) The department shall adopt regulations to carry out the
purposes of this section, including, but not limited to, procedures
for (1) verifying that the applicant is a California resident and
that his or her presence in the United States is authorized under
federal law, (2) issuance of a temporary license pending
verification of the applicant’s status, and (3) hearings to appeal
a denial of a license, temporary license, or identification card.

(e) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of verifying the citizenship or legal residency
of applicants for driver’s licenses and identification cards, in order
for the state to request reimbursement from the federal government.

(f) Notwithstanding Section 40300 or any other law, a peace
officer shall not detain or arrest 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 under 16 years of age.

(g) The inability of an individual to obtain a driver’s license
pursuant to this section does not abrogate or diminish in any
respect the 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.

(h) This section shall become operative on July 1, 2016.

(i) This section shall become inoperative on the effective date
of a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12801.5 of the end insert begin insert Vehicle Code end insert begin insert , as added by
Section 14 of Chapter 524 of the Statutes of 2013, is amended to
read: end insert

12801.5.  

(a) Notwithstanding any other law, the department
shall require an applicant for an original driver’s license or
identification card to submit satisfactory proof that the applicant’s
presence in the United States is authorized under federal law.

(b) The department shall not issue an original driver’s license
or identification card to a person who does not submit satisfactory
proof that the applicant’s presence in the United States is authorized
under federal law.

(c) The department shall adopt regulations to carry out the
purposes of this section, including, but not limited to, procedures
for (1) verifying that the applicant’s presence in the United States
is authorized under federal law, (2) issuance of a temporary license
pending verification of the applicant’s status, and (3) hearings to
appeal a denial of a license, temporary license, or identification
card.

(d) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of verifying the citizenship or legal residency
of applicants for driver’s licenses and identification cards, in order
for the state to request reimbursement from the federal government.

(e) Notwithstanding Section 40300 or any other law, a peace
officer shall not detain or arrest 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 under 16 years of age.

(f) The inability of an individual to obtain a driver’s license
pursuant to this section does not abrogate or diminish in any respect
the 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.

(g) This section shall become operative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

begin insert

(h) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 12801.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12801.5. end insert   

(a) Notwithstanding any other law, the department
shall require an applicant for an original driver’s license or
identification card to submit satisfactory proof of California
residency and that the applicant’s presence in the United States
is authorized under federal law.

(b) The department shall not issue an original driver’s license
or identification card to a person who does not submit satisfactory
proof that the applicant’s presence in the United States is
authorized under federal law.

(c) The department shall not issue an original driver’s license
or identification card to a person who does not submit satisfactory
proof of California residency.

(d) The department shall adopt regulations to carry out the
purposes of this section, including, but not limited to, procedures
for (1) verifying that the applicant is a California resident and
that his or her presence in the United States is authorized under
federal law, (2) issuance of a temporary license pending
verification of the applicant’s status, and (3) hearings to appeal
a denial of a license, temporary license, or identification card.

(e) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of verifying the citizenship or legal residency
of applicants for driver’s licenses and identification cards, in order
for the state to request reimbursement from the federal government.

(f) Notwithstanding Section 40300 or any other law, a peace
officer shall not detain or arrest 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 under 16 years of age.

(g) The inability of an individual to obtain a driver’s license
pursuant to this section does not abrogate or diminish in any
respect the 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.

(h) This section shall become operative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that requires the Department of Motor Vehicles to
initiate any statutory or regulatory changes, to the extent that they
are necessary, to satisfy the requirements of the Real ID Act of
2005 (Public Law 109-13).

end delete