BILL ANALYSIS Ó
AB 1465
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Date of Hearing: April 13, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1465
(Gordon) - As Amended March 26, 2015
SUBJECT: Driver's licenses
SUMMARY: Specifies that the Department of Motor Vehicles (DMV)
is prohibited from issuing an original driver's license or
identification card to an applicant that fails to provide
satisfactory proof of state residency.
EXISTING LAW:
1)Prohibits a person from operating a motor vehicle unless the
person successfully obtains a DMV- issued driver's license.
Provides for limited exceptions including operating farm
machinery and off-highway vehicles.
2)Authorizes DMV to issue driver's licenses to an applicant if
they provide a social security number, verification of
birthdate and legal presence, and a thumb print, in addition
to successfully passing a written and behind-the-wheel driving
test. An applicant is not required to provide proof of
California residency.
3)Requires DMV to issue a driver's license to an applicant who
is ineligible for a social security number if the applicant
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can provide additional documentation, as specified. Further
specifies that a driver's license issued to an applicant who
is ineligible for a social security number cannot be used for
identification purposes.
FISCAL EFFECT: Unknown
COMMENTS: In 2005 Congress passed the "Real ID Act of 2005
(Act)," which is intended to improve the security of driver's
licenses and identification cards issued by the states and
included certain minimum document and license issuance
requirements. The Act provides that if a state fails to
implement its provisions, a federal agency will not be
authorized to accept a license issued by that state for any
official purpose, including, boarding an airplane or entering a
federal building or facility. The Act originally required
implementation to begin in May 2008, however, due to a variety
of implementation and compliance issues, the federal Department
of Homeland Security (DHS) delayed enforcement of the Act and is
now implementing a phased-in approach with state's being
required to be in full compliance by sometime in 2016.
Over this period, DMV has continuously worked with DHS and made
progress with meeting Real ID requirements. Presently, DHS has
granted DMV an extension through October of this year to
continue progress towards meeting the remaining Real ID
standards. To this end, existing law is silent on a person's
residency verification when applying for a driver's license or
identification card, which is required under the Act. While AB
60 (Alejo), Chapter 524, Statutes of 2013, requires applicants
to provide proof of residency as an alternative if they cannot
establish proof legal presence, all other applicants are
currently not required to provide proof of California residency
when applying for a driver's license or identification card.
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This federal conformity bill intends to bring the state one step
closer to Real ID compliance by clarifying that all applicants
for an original driver's license or identification card are
required to provide DMV with proof of California residency. The
author asserts that this bill "will help bring California issued
driver's licenses into compliance with the federal Real ID Act
and ensure that bearers of these licenses continue to have them
accepted for purposes of official identification."
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Manny Leon / TRANS. / (916) 319-2093
AB 1465
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