BILL ANALYSIS
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THIRD READING
Bill No: SB 60
Author: Cedillo (D)
Amended: 5/28/09
Vote: 21
SEN. TRANSPORTATION & HOUSING COMMITTEE : 6-4, 4/14/09
AYES: Lowenthal, DeSaulnier, Kehoe, Pavley, Simitian, Wolk
NOES: Huff, Ashburn, Harman, Hollingsworth
NO VOTE RECORDED: Oropeza
SENATE APPROPRIATIONS COMMITTEE : 7-5, 5/28/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Wolk
SUBJECT : Vehicles: drivers licenses
SOURCE : Author
DIGEST : This bill requires the State of California to
comply with the federal Real ID Act of 2005, a measure that
establishes standards for the issuance of drivers licenses
and identification cards that may be used by federal
agencies for official purposes. In complying with the Real
ID Act, this bill requires the Department of Motor Vehicles
to issue two types of drivers' licenses and identification
cards: cards that may be used for official federal
purposes, and for persons who are not able to demonstrate
legal presence status, cards that do not.
CONTINUED
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ANALYSIS :
Existing State Law
Current law provides that the Department of Motor Vehicles
(DMV) shall "require every 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." DMV may
not issue an original driver's license to persons who
cannot submit satisfactory proof of legal presence. In
addition, existing law provides that "the department shall
require every application for a driver's license to contain
the applicant's social security number and any other number
or identifier determined to be appropriate by DMV." The
California Code of Regulations specifies approximately 27
documents that may be submitted as satisfactory proof of
legal presence status. It a misdemeanor for any person to
assist knowingly in obtaining a driver's license or
identification card for any person whose presence in the
United States is not authorized under federal law.
The legal presence provision was enacted by the Legislature
(SB 976 [Alquist], Chapter 820, Statutes of 1993) in order
to make the driver's license a more secure form of
identification with the intent of preventing undocumented
persons from being licensed or obtaining DMV identification
cards. The supporters of SB 976 asserted that the driver's
license was a "breeder document" that was used to acquire
other documentation and served as the most widely accepted
form of personal identification used to qualify for both
private and public sector services and programs.
In response to the enactment of SB 976, DMV authorized a
variety of birth verification/immigration status documents
that applicants for an original driver's license or
identification card can submit for the purpose of
documenting legal presence. When an applicant submits a
specified document, such as a birth certificate, it is
reviewed for acceptability and authenticity by a DMV field
office employee. For verification of Bureau of Citizenship
& Immigration Services (formerly the "Immigration and
Naturalization Service") documents submitted by applicants,
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DMV has direct computer access to the Systematic Alien
Verification for Entitlements (SAVE), an electronic
intergovernmental-sharing system maintained by the U.S.
Department of Homeland Security (DHS) to ensure that only
legally entitled aliens receive government benefits and
services.
The Federal Real ID Act
The federal Real ID Act of 2005 emerged as one response to
the terrorist attacks that occurred on September 11, 2001.
A number of the 9/11 hijackers had acquired state-issued
drivers' licenses, primarily from the State of Florida and
the Commonwealth of Virginia, which were used for
identification purposes to board and later hijack the
ill-fated airliners. As a result of these attacks, the
federal government established the National Commission on
Terrorist Attacks upon the United States (the 9/11
Commission). In its final report, the 9/11 Commission
concluded that the "abuse of the immigration system and a
lack of interior enforcement were unwittingly working
together to support terrorist activities."
Congress enacted H.R. 1268, the "Real ID Act of 2005", to
improve the security of driver's licenses and
identification cards issued by the states. The Real ID Act
includes certain minimum document and license issuance
requirements, as described below. The federal act allows
for three types of driver's licenses. For driver's license
applicants meeting all of the requirements, including
demonstrating lawful presence, the state shall issue a
driver's license that may be used by federal agencies for
official purposes. For those applicants who have an
application for legal status pending, has an approved
deferred action status, or has temporary protected status,
a state shall issue a temporary driver's license or
identification card that may be used by federal agencies
for official purposes. Finally, for those applicants who
are unable to demonstrate lawful presence, a state may
issue a driver's license or identification card, providing
the license meets certain appearance requirements and
clearly states that it cannot be used for any official
purpose.
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While not specifically mandating the provisions of Real ID
on states, the act provides that if a state fails to
implement its provisions, a federal agency would not be
authorized to accept a license issued by that state for any
official purpose, including to board an airplane or enter a
federal building or facility. At the time Real ID was
passed, it was expected that all the states would adopt
these provisions. The federal act originally required
implementation to begin in May 2008, however, the final
regulations delay full implementation until May 11, 2011,
at which time states must begin issuing Real ID-compliant
cards. The pertinent provisions included in the Real ID
Act of 2005 are outlined below.
Provisions of Real ID
Minimum License Document Requirements:
1. Applicant's full legal name and gender.
2. Applicant's date of birth.
3. Digital photograph of the applicant.
4. License number and applicant's signature.
5. Applicant's residence address.
6. Security features designed to prevent tampering,
counterfeiting, or duplication.
7. Common machine readable technology.
Minimum Issuance Standards for Applicants:
1. Provide a photo identity document.
2. Provide date of birth documentation.
3. Provide proof of social security number (or
verification that the applicant is not eligible).
4. Provide residence documentation.
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Evidence of Lawful Status: A state "shall require, before
issuing a driver's license or identification card to a
person, valid documentary evidence that the person":
1. Is a citizen or national of the United States.
2. Is an alien lawfully admitted for permanent or
temporary residency.
3. Has conditional permanent resident status.
4. Has an approved application for asylum or has
refugee status.
5. Has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status.
6. Has a pending application for asylum.
7. Has a pending or approved application for temporary
protected status.
8. Has approved deferred action status.
9. Has a pending application for adjustment of status.
Verification of Documents:
1. A state "shall verify, with the issuing agency, the
issuance, validity, and completeness of each document
required to be presented by the applicant."
2. A state shall not accept any foreign document,
other than a passport.
3. A state shall use the Systematic Alien Verification
for Entitlements to verify legal presence.
Other Requirements:
1. Employ technology to capture digital images of
identity source documents.
2. Retain paper documents for seven years or images of
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source documents for 10 years.
3. Subject applicants to mandatory facial image
capture.
4. Establish an effective procedure to confirm or
verify a renewing applicant's information.
5. Confirm with the Social Security Administration a
social security number.
6. Limit term of a license or identification card to
eight years.
7. Confirm that an out-of-state license applicant is
terminating or has terminated t he license from that
state.
Licenses for Undocumented Persons : A state is permitted to
issue a driver's license or identification card to a person
without legal presence status providing that it meets the
following requirements:
1. The license or identification card "clearly states
on its face that it may not be accepted by any Federal
agency for federal identification or any other
official purpose."
2. The license or identification card "uses a unique
design or color indicator to alert federal agencies
and other law enforcement personnel that it may not be
accepted for any such purpose."
Federal Regulations to Implement the Real ID Act
The final regulations, published in the Federal Register on
January 29, 2008, were very different from the act itself
and allowed states to apply for up to two extensions in
order to phase in the implementation of the act and the
issuance of compliant cards. The final rule established
two levels of compliance and timeframes for each. The
first level is referred to as material compliance, which
states must achieve by January 1, 2010, and the second
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level is full compliance, which must be achieved by May 11,
2011. DMV has developed a table that outlines each
requirement for material and full compliance, which is
included in Appendix A of this analysis.
According to DMV, California's current driver's license and
identification card (DL/ID) system already incorporates
approximately 90 percent of the requirements necessary to
be deemed materially compliant with the Real ID Act for
original applicants. There are no states that can claim to
be in full compliance with the Real ID Act because the
national databases necessary to complete the required
verification procedures do not currently exist. Therefore,
while California has made no decision to comply with the
Real ID Act, DMV believes it is well positioned to meet the
material compliance requirements contained in the
regulations.
In addition to phasing in the state's compliance, the final
regulations provided more time for states to issue
compliant driver's licenses and identification cards
(DL/IDs). States have until December 1, 2014 to issue new
cards to people born after December 1, 1964 and until
December 1, 2017 to anyone born on or before December 1,
1964. The following section of this report highlights key
dates for implementing the Act.
Compliance Timelines
05/11/2008 By May 11, 2008, the federal government
cannot accept state-issued driver license or
identification cards for official purposes from
states that have not been determined to be in
compliance unless the state has requested an
extension by mid-March. California has requested
and received an extension to December 31, 2009.
12/31/2009 The initial extension will terminate unless
the state, by October 1, 2009, has requested an
additional extension and submitted certification
that the state has achieved material compliance.
05/11/2011 Driver license and identification cards will
not be accepted from states that are not in full
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compliance with the provisions of the Real ID
Act. States must begin issuing Real ID compliant
DL/IDs.
12/01/2014 Federal agencies will not accept DL/IDs for
official purposes from any individual born after
December 1, 1964. For California, this
represents approximately 60 percent of all
cardholders.
12/01/2017 Federal agencies will not accept any DL/IDs for
official purposes from any individual born on or
before December 1, 1964. For California, this
represents approximately 40 percent of all
cardholders.
This bill:
1.Requires the State of California to comply with the
federal Real ID Act of 2005. In complying with the Real
ID Act, this bill requires DMV to issue, beginning
January 1, 2011, two types of DL/IDs: cards that may be
used for official federal purposes, and for persons who
are not able to demonstrate legal presence status, cards
that do not.
2.Deletes the provision that it is a misdemeanor for any
person to assist knowingly in obtaining a driver's
license or identification card for any person whose
presence in the United States is not authorized under
federal law, and instead, once the state is in compliance
with the Real ID Act, makes it a misdemeanor for any
person to assist knowingly in obtaining a driver's
license or identification card that is in violation of
the Real ID Act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
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DMV administration -- multi-million dollar costs
-- Special*
License revenue gain -- multi-million dollar
gains -- Special
*Motor Vehicle Account
SUPPORT : (Verified 5/28/09)
California Catholic Conference
California Nurses Association
California Teachers Association
Consumer Attorneys of California
Los Angeles Unified School District
Mexican American Legal Defense and Educational Fund
Personal Insurance Federation of California
PICO California
Ventura County Agricultural Association
Yolo County Sheriff's Department
OPPOSITION : (Verified 5/28/09)
American Civil Liberties Union
California Immigrant Policy Center
Electronic Frontier Foundation
JJA:cm 5/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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