BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 1465 Hearing Date: 6/23/2015
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|Author: |Gordon |
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|Version: |3/26/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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SUBJECT: Driver's licenses: proof of residency
DIGEST: This bill requires an applicant for an original
driver's license or identification card to provide proof of
California residency.
ANALYSIS:
Existing federal law, the REAL ID Act of 2005:
1)Enacts the 9/11 Commission's recommendation to establish
federal standards for issuing driver's licenses and other
sources of identification.
2)Establishes minimum standards for driver's licenses and
identification cards, as well as a requirement for applicants
to provide their social security number, birth certificate,
and proof of legal presence in the U.S.
3)Prohibits federal agencies from accepting documents for
official purposes (e.g., boarding an airplane or entering a
federal building) unless the U.S. Department of Homeland
Security (DHS) has determined that the state meets the minimum
standards.
Existing state law:
1)Requires the Department of Motor Vehicles (DMV) to issue an
original driver's license or identification card to an
AB 1465 (Gordon) Page 2 of ?
individual who is able to provide, among other things, a
social security number and verification of birth date and
legal presence in the U.S. in order to obtain a driver's
license or identification card.
2)Also requires the DMV to issue an original driver's license to
an individual who is unable to submit satisfactory proof of
legal presence in the U.S. These applicants must meet all
other qualifications for licensure and must provide
satisfactory proof of identity and California residency.
Pursuant to the REAL ID Act, a license issued under these
provisions is valid only for driving privileges and cannot be
used for identification or federal purposes. This license is
commonly known as an AB 60 license (these licenses were
authorized by AB 60, Alejo, Chapter 524, Statutes of 2013).
This bill requires an individual to submit satisfactory proof of
California residency in order to obtain an original driver's
license or identification card.
COMMENTS:
1)Purpose. The author states that although the state requires
applicants for an AB 60 driver's license to provide certified
or original identity documents as proof of legal residence in
California, applicants for non-AB 60 driver's licenses are
only required to establish proof of legal presence in the U.S.
This bill will help bring California into compliance with the
REAL ID Act by requiring all applicants for a new driver's
license or identification card to provide proof of California
residency.
2)Status of California's compliance with the REAL ID Act. To
date, DHS has determined that 21 states meet REAL ID
standards. DHS has granted the remaining states, including
California, a deferment. The current round of extensions will
end on October 15, 2015, but DHS may renew an extension if a
state can provide adequate justification for continued
non-compliance. Such justification includes progress in
implementing the minimum standards of the Act; plans for
implementing any unmet requirements; and existence of external
factors (e.g., resources, contract cycles, or operations
issues) that would delay full implementation. DMV has worked
continuously with DHS on REAL ID requirements. While proof of
residency will not get California to full REAL ID compliance,
AB 1465 (Gordon) Page 3 of ?
it is an important benchmark in demonstrating the state's
continued progress toward compliance and eligibility for
future extensions.
Assembly Votes:
Floor: 78-0
Appr: 17-0
Trans: 16-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 17, 2015.)
SUPPORT:
None received
OPPOSITION:
None received
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