BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1451|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 1451
Author: Ammiano (D)
Amended: 4/8/10 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 4/7/10
AYES: Kehoe, DeSaulnier, Price
NOES: Cox, Aanestad
ASSEMBLY FLOOR : 41-29, 1/27/10 - See last page for vote
SUBJECT : The Local Government Identification Act
SOURCE : Author
DIGEST : This bill establishes the Local Government
Identification Act, which will authorize county governments
to issue identification cards to persons who can provide
proof of identity and proof or residency, as specified.
ANALYSIS : 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 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,
CONTINUED
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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 States is not authorized under federal law (SB 976
[Alquist], Chapter 820, Statutes of 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.
This bill establishes the Local Government Identification
Act, authorizing a county's board of 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. This bill
specifies the documents that may be submitted as
satisfactory proof of identity and proof of residency.
This 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.
This bill requires the county clerk to keep confidential
the names and other identifying information of applicants
and recipients of local ID cards. This bill prohibits the
county clerk from keeping a record of applicants'
residential addresses.
This bill 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.
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This bill provides that for a county that chooses to issue
local ID cards, AB 1451 requires every county agency,
department, and office, and every 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, this bill
allows every 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.
Legislative history . AB 1451 replicates AB 772 (Ammiano),
2009-10 Session, which passed the Senate with a vote of
23-13 on August 31, 2009, and vetoed by Governor
Schwarzenegger. 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. In part, the veto message read, "As I have stated
before on similar bills, until the federal Real ID Act is
implemented and the federal government adopts comprehensive
immigration reform, it is inappropriate to move forward
with state law in this area."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/8/10)
American Civil Liberties Union
OPPOSITION : (Verified >)
>
ARGUMENTS IN SUPPORT : According to the author's office,
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 because undocumented immigrants are reluctant to
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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, this bill gives local officials a new tool for
fostering civic engagement, promoting social equity,
improving public safety, and streamlining local services.
ARGUMENTS IN OPPOSITION : >
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Coto, Davis, De La Torre, Eng, Evans,
Feuer, Fong, Fuentes, Furutani, Galgiani, Hayashi,
Hernandez, Hill, Huffman, Jones, Lieu, Bonnie Lowenthal,
Ma, Mendoza, Monning, Nava, John A. Perez, Ruskin, Salas,
Saldana, Skinner, Solorio, Swanson, Torrico, Yamada
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, Emmerson, Fletcher, Fuller,
Gaines, Garrick, Gilmore, Hagman, Harkey, Huber,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Portantino, Silva, Smyth, Audra Strickland,
Tran, Villines
NO VOTE RECORDED: Carter, De Leon, DeVore, Hall, V. Manuel
Perez, Torlakson, Torres, Bass
AGB:mw 4/8/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SUPPORT/OPPOSITION: NONE RECEIVED
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