BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: AB 1451 HEARING: 4/7/10
AUTHOR: Ammiano FISCAL: No
VERSION: 1/4/10 CONSULTANT:
Weinberger
LOCAL GOVERNMENT IDENTIFICATION ACT
Background and Existing Law
The California Constitution gives charter cities broad
control over their "municipal affairs." General law cities
and counties, by contrast, only have the powers delegated
to them by statute.
The State Department of Motor Vehicles (DMV) can issue
identification (ID) cards to persons of any age. The ID
card looks like a driver license, but is used for
identification purposes only. Applicants for a
state-issued ID card must verify their true full name,
birth date, and legal presence in the United States. It is
a misdemeanor for any person to assist knowingly in
obtaining an ID card for any person whose presence in the
United State is not authorized under federal law (SB 976,
Alquist, 1993).
In June 2007, New Haven, Connecticut began issuing Elm City
Residence Cards, becoming the first city to offer local ID
cards to city residents regardless of citizenship status.
In November 2007, the San Francisco Board of Supervisors
approved the City ID Card program, which is open to all San
Francisco residents regardless of their citizenship status.
San Francisco officials have issued thousands of City ID
Cards since January 15, 2009.
State law is silent on counties' authority to issue local
ID cards. Some legislators want state law to expressly
authorize counties to issue local ID cards and to establish
guidelines for county ID card programs.
Proposed Law
Assembly Bill 1451 establishes the Local Government
Identification Act, authorizing a county's board of
AB 1451 -- 1/4/10 -- Page 2
supervisors to issue local identification (ID) cards to
persons who have been present in the county for at least 15
continuous days and who can provide proof of identity and
residency. AB 1451 specifies the documents that may be
submitted as satisfactory proof of identity and proof of
residency. The bill requires a local ID card to display,
at minimum, the cardholder's name, photograph, date of
birth, and expiration date, but prohibits a card from
displaying the cardholder's gender.
AB 1451 requires the county clerk to keep confidential the
names and other identifying information of applicants and
recipients of local ID cards. The bill prohibits the
county clerk from keeping a record of applicants'
residential addresses.
AB 1451 permits the county board of supervisors to charge a
maximum fee of $15 for a local ID card for persons over the
age of 18 and a maximum fee of $5 for a card for minors and
seniors who can present proof of age. The county
supervisors must provide for a reduced application fee or a
waiver of the application fee for low-income applicants who
can present proof of income.
For a county that chooses to issue local ID cards, AB 1451
requires every county agency, department, and office, every
city within the county, and every city agency, department,
and office within the county to accept a local ID card as
proof of identity and residency.
For a county that chooses to issue ID cards, AB 1451 allows
every city, redevelopment agency, school district, special
district, and any other local agency to accept a local
identification card for proof of identification or proof of
residency, except where otherwise provided by law.
Comments
1. A card for everyone . Local ID cards can promote
community cohesion and increase civic participation.
Because undocumented immigrants are ineligible for
government-issued forms of identification, including state
ID cards and driver's licenses, they face barriers with law
enforcement, financial institutions, and municipal
services. Some barriers are not institutional, but exist
AB 1451 -- 1/4/10 -- Page 3
because undocumented immigrants are reluctant to present
foreign ID for fear of discrimination or deportation.
Traditional forms of ID also do not accurately reflect a
transgender individual's gender; some transgender
individuals have been turned away or made uncomfortable
when they tried to use their legal forms of ID. Local
officials may partner with local banks, businesses, and
public agencies to increase the usefulness of local ID
cards. San Francisco residents can use their local ID
cards to open a bank account at participating banks, check
out library books, and use local parks and recreation
facilities. By allowing counties to issue local ID cards,
AB 1451 gives local officials a new tool for fostering
civic engagement, promoting social equity, improving public
safety, and streamlining local services.
2. Not a role for counties . As administrative arms of the
state, county governments focus on public safety, social
services, and public health programs. They also deliver
municipal-type services to unincorporated communities.
Already overburdened and underfunded, counties struggle to
fulfill state mandates and still serve their local
constituencies. While charter cities like San Francisco
can use their constitutional power over municipal affairs
to create local ID card programs, counties need to stay
focused on delivering essential public services.
Legislators don't need to add to county supervisors'
existing problems by inviting them to set up local ID card
programs.
3. County option, city requirement . If a county decides
to issue local ID cards, AB 1451 requires every city,
including every agency, department, and office of the city,
within the county to accept the county's ID cards as proof
of identity and residency. Cities do not have any
discretion over whether they want to accept county-issued
ID cards as valid forms of identification. This
requirement, however, doesn't extend to school districts,
special districts, or redevelopment agencies. To avoid
uneven treatment, the Committee may wish to consider two
possible responses. First, the Legislature could require
all local agencies to accept a county's ID card.
Alternatively, the Legislature could require local
acceptance, but allow cities, school districts, special
districts, and redevelopment agencies to opt-out.
AB 1451 -- 1/4/10 -- Page 4
4. A potential fiscal barrier . AB 1451 limits the maximum
fee that county officials can charge for a local ID card to
$15 for adults and $5 for minors and seniors. However, the
San Francisco County Clerk's Office says that those fees do
not recover the true costs of producing a local ID card.
The Committee may wish to consider allowing counties to
charge a fee that does not exceed the estimated reasonable
cost of providing this service.
5. Banking on local ID cards . AB 1451 allows counties to
issue local ID cards that banks may or may not accept as
proof of identity. While the USA PATRIOT Act requires
financial institutions to establish minimum procedures for
identifying and verifying the identity of customers,
federal and state laws do not prohibit financial
institutions from accepting local ID cards for the purposes
of opening a financial account. Eight local banks accept
the San Francisco City ID Card as a primary form of
identification to open a bank account. Whether banks in
California accept local ID cards depends on the reliability
and integrity of a county's local ID card program. Whether
a county's local ID card program is reliable and
trustworthy depends on the county's procedures for
verifying a cardholder's identity and address and the
county's ability to produce ID cards with sufficient
safeguards against counterfeit reproduction.
6. Let's be clear . AB 1451 lists cities among the local
governments that have the option of accepting county ID
cards. However, the bill also says that cities are
required to accept county ID cards. To clarify the
author's intent that cities, and their agencies,
departments , and offices, are required to accept the
county's ID cards as proof of identity and residency, the
Committee may wish to consider amending AB 1451 to delete
the reference to cities on page 5, line 28.
7. Legislative history . AB 1451 replicates AB 772
(Ammiano, 2009), which Governor Schwarzenegger vetoed last
year. The Governor's veto message cited a need to wait
until the federal Real ID Act is implemented and the
federal government adopts comprehensive immigration reform.
The Senate Local Government Committee approved AB 772 on a
3-2 vote.
AB 1451 -- 1/4/10 -- Page 5
Assembly Actions
Assembly Local Government Committee: 4-1
Assembly Floor: 41-29
Support and Opposition (4/1/10)
Support : American Civil Liberties Union.
Opposition : Unknown.