California Assembly Bill AB60 Amended / Bill

 BILL NUMBER: AB 60AMENDED BILL TEXT AMENDED IN SENATE JULY 8, 2013 AMENDED IN ASSEMBLY MAY 24, 2013 AMENDED IN ASSEMBLY APRIL 16, 2013 INTRODUCED BY Assembly Member Alejo (Coauthors: Assembly Members Garcia, Roger Hernndez, Mullin, V. Manuel Prez, Rendon, and Williams) (Coauthors: Senators Cannella, Correa, De Len, and Lara) JANUARY 7, 2013 An act to amend, repeal, and add Sections 1653.5, 12800, 12801, 12801.5, and 13002 of,  and  to amend and repeal Sections 12801.6, 12801.8, and 14610.7 of, and to add Section 128   01.1 to,  the Vehicle Code, relating to driver's licenses. LEGISLATIVE COUNSEL'S DIGEST AB 60, as amended, Alejo. Driver's licenses: eligibility: required documentation. (1) Existing law requires the Department of Motor Vehicles (DMV) to require an 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. Existing law prohibits the department from issuing an original driver' s license or identification card to a person who does not submit satisfactory proof that his or her presence in the United States is authorized under federal law. Existing law makes it a misdemeanor for a person to knowingly assist in obtaining a driver's license or identification card for a person whose presence in the United States is not authorized under federal law. This bill would delete these provisions, and would make other technical and conforming changes. The bill would instead authorize an applicant for a driver's license who is not eligible for a social security account number, but who provides proof of identity, as specified, to receive an original driver's  license   license, except as provided,  if he or she meets all other qualifications for licensure. The bill would provide that these changes will become operative on January 1, 2015. (2) Existing law requires each form prescribed by the DMV for use by an applicant for the issuance or renewal of a driver's license or identification card to contain a section for the applicant's social security account number. Existing law prohibits the inclusion of an applicant's social security account number on a driver's license, identification card, registration, certificate of title, or other document issued by the DMV or the display of an applicant's social security account number on the driver's license. This bill would additionally provide that the section of the form for the applicant's social security account number may also be used for a number associated with a document that the DMV finds clearly establishes the identity of the applicant. The bill would additionally prohibit the inclusion or the displaying of the applicant's individual taxpayer identification number or other number associated with the identity document. The bill would provide that these changes will become operative on January 1, 2015. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) According to a report by the AAA Foundation for Traffic Safety, car crashes rank among the leading causes of death in the United States. (b) Previous studies done by the foundation have found that approximately one in five fatal crashes in the United States involve an unlicensed or invalidly licensed driver. (c) The California Department of Motor Vehicles, Licensing Operations Division, Research and Development Branch has stated that unlicensed driving is a major California safety problem. (d) In a report titled, "Estimating the Exposure and Fatal Crash Rates of Suspended/Revoked and Unlicensed Drivers in California" published in Accident Analysis and Prevention, 29(1), the Department of Motor Vehicles estimates that 12 percent of the drivers on the road do not have valid driver's licenses. (e) In the State of California, there are potentially one million drivers who are unlicensed and uninsured. (f) It is our responsibility to ensure that all California drivers are properly trained, tested, and insured in order to make our roads safer. SEC. 2. Section 1653.5 of the Vehicle Code is amended to read: 1653.5. (a) Every form prescribed by the department for use by an applicant for the issuance or renewal by the department of a driver' s license or identification card pursuant to Division 6 (commencing with Section 12500) shall contain a section for the applicant's social security account number. (b) Every form prescribed by the department for use by an applicant for the issuance, renewal, or transfer of the registration or certificate of title to a vehicle shall contain a section for the applicant's driver's license or identification card number. (c) A person who submits to the department a form that, pursuant to subdivision (a), contains a section for the applicant's social security account number, or pursuant to subdivision (b), the applicant's driver's license or identification card number, if any, shall furnish the appropriate number in the space provided. (d) The department shall not complete an application that does not include the applicant's social security account number or driver's license or identification card number as required under subdivision (c). (e) An applicant's social security account number shall not be included by the department on a driver's license, identification card, registration, certificate of title, or any other document issued by the department. (f) Notwithstanding any other law, information regarding an applicant's social security account number, obtained by the department pursuant to this section, is not a public record and may not be disclosed by the department except for any of the following purposes: (1) Responding to a request for information from an agency operating pursuant to, and carrying out the provisions of, Part A (Aid to Families with Dependent Children), or Part D (Child Support and Establishment of Paternity), of Subchapter IV of Chapter 7 of Title 42 of the United States Code. (2) Implementation of Section 12419.10 of the Government Code. (3) Responding to information requests from the Franchise Tax Board for the purpose of tax administration. (g) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date. SEC. 3. Section 1653.5 is added to the Vehicle Code, to read: 1653.5. (a)  Every   (1)     Except as provided in paragraph (2), every  form prescribed by the department for use by an applicant for the issuance or renewal by the department of a driver's license or identification card pursuant to Division 6 (commencing with Section 12500) shall contain a section for the applicant's social security account number or a number associated with any document that the department finds clearly establishes the identity of the applicant.  (2) Every form prescribed by the department for use by an applicant for the issuance or renewal by the department of a commercial driver's license shall contain a section for the applicant' s social security account number.  (b) Every form prescribed by the department for use by an applicant for the issuance, renewal, or transfer of the registration or certificate of title to a vehicle shall contain a section for the applicant's driver's license or identification card number. (c) A person who submits to the department a form that, pursuant to subdivision (a), contains a section for the applicant's social security account number or a number associated with any document that the department finds clearly establishes the identity of the applicant, or pursuant to subdivision (b), the applicant's driver's license or identification card number, if any, shall furnish the appropriate number in the space provided. (d) The department shall not complete an application that does not include the applicant's social security account number, a number associated with any document that the department finds clearly establishes the identity of the applicant, or driver's license or identification card number as required under subdivision (c). (e) An applicant's social security account number or a number associated with any document that the department finds clearly establishes the identity of the applicant shall not be included by the department on a driver's license, identification card, registration, certificate of title, or any other document issued by the department. (f) Notwithstanding any other law, information regarding an applicant's social security account number or a number associated with any document that the department finds clearly establishes the identity of the applicant, which is obtained by the department pursuant to this section or Section 12800 or 12801, is not a public record and may not be disclosed by the department except for any of the following purposes: (1) Responding to a request for information from an agency operating pursuant to, and carrying out the provisions of, Part A (Aid to Families with Dependent Children), or Part D (Child Support and Establishment of Paternity), of Subchapter IV of Chapter 7 of Title 42 of the United States Code. (2) Implementation of Section 12419.10 of the Government Code. (3) Responding to information requests from the Franchise Tax Board for the purpose of tax administration. (g) This section shall become operative on January 1, 2015. SEC. 4. Section 12800 of the Vehicle Code is amended to read: 12800. Every application for an original or a renewal of a driver' s license shall contain all of the following information: (a) The applicant's true full name, age, sex, mailing address, residence address, and social security account number. (b) A brief description of the applicant for the purpose of identification. (c) A legible print of the thumb or finger of the applicant. (d) The type of motor vehicle or combination of vehicles the applicant desires to operate. (e) Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or revoked and, if so, the date of and reason for the suspension or revocation. (f) Whether the applicant has ever previously been refused a driver's license in this state and, if so, the date of and the reason for the refusal. (g) Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects his or her ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway. (h) Whether the applicant understands traffic signs and signals. (i) Whether the applicant has ever previously been issued an identification card by the department. (j) Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code. (k) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date. SEC. 5. Section 12800 is added to the Vehicle Code, to read: 12800. Every application for an original or a renewal of a driver' s license shall contain all of the following information: (a) The applicant's true full name, age, sex, mailing address, residence address, and social security account number or  , except as provided in Section 12801.1,  a number associated with any document that the department finds clearly establishes the identity of the applicant. (b) A brief description of the applicant for the purpose of identification. (c) A legible print of the thumb or finger of the applicant. (d) The type of motor vehicle or combination of vehicles the applicant desires to operate. (e) Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or revoked and, if so, the date of and reason for the suspension or revocation. (f) Whether the applicant has ever previously been refused a driver's license in this state and, if so, the date of and the reason for the refusal. (g) Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects his or her ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway. (h) Whether the applicant understands traffic signs and signals. (i) Whether the applicant has ever previously been issued an identification card by the department. (j) Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code. (k) This section shall become operative on January 1, 2015. SEC. 6. Section 12801 of the Vehicle Code is amended to read: 12801. (a) Notwithstanding any other law, the department shall require an application for a driver's license to contain the applicant's social security account number and any other number or identifier determined to be appropriate by the department. (b) Notwithstanding subdivision (a), an applicant who provides satisfactory proof that his or her presence in the United States is authorized under federal law, but who is not eligible for a social security account number, is eligible to receive an original driver's license if he or she meets all other qualifications for licensure. (c) Notwithstanding any other law, the social security account number collected on a driver's license application shall not be displayed on the driver's license including, but not limited to, inclusion on a magnetic tape or strip used to store data on the license. (d) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date. SEC. 7. Section 12801 is added to the Vehicle Code, to read: 12801. (a) Notwithstanding any other law, the department shall require an application for a driver's license to contain the applicant's social security account number and  , except as provided in Section 12801.1,  any other number or identifier determined to be appropriate by the department. (b) Notwithstanding subdivision (a), an applicant who provides satisfactory proof that his or her presence in the United States is authorized under federal law, or who provides all of the following documents, but who is not eligible for a social security account number, is eligible to receive an original driver's license  , except as provided in Section 12801.1,  if he or she meets all other qualifications for licensure: (1) A valid, unexpired consular identification document issued by a consulate from the applicant's country of citizenship, or a valid, unexpired passport from the applicant's country of citizenship. (2) An original birth certificate, or other proof of age, as designated by the department. (3) A home utility bill, lease or rental agreement, or other proof of California residence, as designated by the department. (4) One of the following documents, which, if in a language other than English, shall be accompanied by a certified translation or an affidavit of translation into English: (A) A marriage license or divorce certificate. (B) A foreign federal electoral photo card issued on or after January 1, 1991. (C) A foreign driver's license. (D) A United States Department of Homeland Security Form I-589, Application for Asylum and for Withholding of Removal. (E) An official school or college transcript that includes the applicant's date of birth, or a foreign school record that is sealed and includes a photograph of the applicant at the age the record was issued. (F) A United States Department of Homeland Security Form I-20 or Form DS-2019. (G) A deed or title to real property. (H) A property tax bill or statement issued within the previous 12 months. (I) An income tax return. (J) Other proof of identity, as designated by the department. (c) Notwithstanding any other law, the social security account number or other identification number collected on a driver's license application shall not be displayed on the driver's license, including, but not limited to, inclusion on a magnetic tape or strip used to store data on the license. (d) Notwithstanding any other law, information collected pursuant to subdivision (b) is not a public record and shall not be disclosed by the department for any purpose. (e) This section shall become operative on January 1, 2015.  SEC. 8.   Section 12801.1 is added to the Vehicle Code, to read: 12801.1. (a) The department shall require an application for a commercial driver's license to include the applicant's social security account number. (b) This section shall become operative on January 1, 2015.   SEC. 8.   SEC. 9.  Section 12801.5 of the Vehicle Code is amended to read: 12801.5. (a) Notwithstanding any other law, the department shall require an 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. (b) The department shall not issue an original driver's license or identification card to a person who does not submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. (c) The department shall adopt regulations to carry out the purposes of this section, including procedures for, but not limited to, (1) verifying that the applicant's presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant's status, and (3) appeal hearings from a denial of a license, temporary license, or identification card. (d) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver's licenses and identification cards, in order for the state to request reimbursement from the federal government. (e) Notwithstanding Section 40300 or any other provision of law, a peace officer may not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under the age of 16 years. (f) The inability to obtain a driver's license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. (g) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.  SEC. 9.   SEC. 10.  Section 12801.5 is added to the Vehicle Code, to read: 12801.5. (a) Notwithstanding Section 40300 or any other law, a peace officer may not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under the age of 16 years. (b) The inability to obtain a driver's license does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. (c) This section shall become operative on January 1, 2015.  SEC. 10.   SEC. 11.  Section 12801.6 of the Vehicle Code, as added by Section 3 of Chapter 862 of the Statutes of 2012, is amended to read: 12801.6. (a) Any federal document demonstrating favorable action by the federal government for acceptance of a person into the deferred action for childhood arrivals program shall satisfy the requirements of Section 12801.5. (b) The department may issue an original driver's license to the person who submits proof of presence in the United States as authorized under federal law pursuant to subdivision (a) and either a social security account number or ineligibility for a social security account number. (c) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.  SEC. 11.   SEC. 12.  Section 12801.8 of the Vehicle Code is amended to read: 12801.8. (a) In the case of a legal, nonimmigrant driver's license applicant, the department shall issue a temporary driver's license, valid for 90 days, if the applicant has successfully completed the application and the related requirements for the issuance of a driver's license under this code, including subdivision (a) of Section 12805. If the United States Immigration and Naturalization Service is unable to verify the applicant's presence before the temporary driver's license expires, the department shall, at least 15 days before the temporary driver's license expires, extend the temporary driver's license for an additional 120 days and notify the applicant by mail that the temporary driver's license is being extended. (b) If the department adjusts the expiration date of any driver's license issued pursuant to this code so that the date does not exceed the expiration date of a federal document submitted pursuant to subdivision (a) of Section 12801.5, the applicant may, upon receipt of a notice of renewal of the driver's license by the department sent prior to the expiration of the license, request an extension of the term of the driver's license by submitting to the department satisfactory proof that the applicant's presence in the United States has been reauthorized or extended under federal law. After verifying that the applicant's presence in the United States has been reauthorized or extended by federal law, the department shall adjust the expiration date of the driver's license so that it does not exceed the expiration date of the revised federal document submitted pursuant to subdivision (a) of Section 12801.5 and complies with the related requirements of this code. (c) On or before July 1, 1997, the department shall establish a procedure for receiving mailed requests for the extension of driver's licenses as described in this section. (d) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.  SEC. 12.   SEC. 13.  Section 13002 of the Vehicle Code is amended to read: 13002. (a) Except as otherwise provided in subdivision (b), every identification card shall expire, unless canceled earlier, on the sixth birthday of the applicant following the date of application for the identification card. Renewal of any identification card, other than a senior citizen identification card, shall be made for a term  which   that  shall expire on the sixth birthday of the applicant following expiration of the identification card renewed, unless surrendered earlier. Any application for renewal received after 90 days after expiration of the identification card, including a senior citizen identification card, shall be considered the same as an application for an original identification card. The department shall, at the end of six years and six months after the issuance or renewal of an identification card, other than a senior citizen identification card, destroy any record of the card if it has expired and has not been renewed. (b) Every senior citizen identification card issued pursuant to subdivision (b) of Section 13000 shall expire, unless canceled earlier, on the 10th birthday of the applicant following the date of application for the identification card. Renewal of any senior citizen identification card shall be made for a term  which   that  shall expire on the 10th birthday of the applicant following expiration of the senior citizen identification card renewed, unless surrendered earlier. The department shall, at the end of 10 years and six months after the issuance or renewal of a senior citizen identification card, destroy any record of the card if it has expired and has not been renewed. (c) An identification card may be issued to a person in exchange for the person's driver's license  which   that  is surrendered to the department for either of the following reasons: (1) The person has a physical or mental condition and requests cancellation of the driver's license. (2) The department has revoked the person's driving privilege based on the person's physical or mental condition. That card shall be issued without the payment of any additional fee. (d) Notwithstanding subdivisions (a) and (b), the department may adjust the expiration date of any identification card issued pursuant to this code so that the date does not exceed the expiration date of a document submitted pursuant to subdivision (a) of Section 12801.5. (e) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.  SEC. 13.   SEC. 14.  Section 13002 is added to the Vehicle Code, to read: 13002. (a) Except as otherwise provided in subdivision (b), every identification card shall expire, unless canceled earlier, on the sixth birthday of the applicant following the date of application for the identification card. Renewal of any identification card, other than a senior citizen identification card, shall be made for a term  which   that  shall expire on the sixth birthday of the applicant following expiration of the identification card renewed, unless surrendered earlier. Any application for renewal received after 90 days after expiration of the identification card, including a senior citizen identification card, shall be considered the same as an application for an original identification card. The department shall, at the end of six years and six months after the issuance or renewal of an identification card, other than a senior citizen identification card, destroy any record of the card if it has expired and has not been renewed. (b) Every senior citizen identification card issued pursuant to subdivision (b) of Section 13000 shall expire, unless canceled earlier, on the 10th birthday of the applicant following the date of application for the identification card. Renewal of any senior citizen identification card shall be made for a term  which   that  shall expire on the 10th birthday of the applicant following expiration of the senior citizen identification card renewed, unless surrendered earlier. The department shall, at the end of 10 years and six months after the issuance or renewal of a senior citizen identification card, destroy any record of the card if it has expired and has not been renewed. (c) An identification card may be issued to a person in exchange for the person's driver's license  which   that  is surrendered to the department for either of the following reasons: (1) The person has a physical or mental condition and requests cancellation of the driver's license. (2) The department has revoked the person's driving privilege based on the person's physical or mental condition. That card shall be issued without the payment of any additional fee. (d) This section shall become operative on January 1, 2015.  SEC. 14.   SEC. 15.  Section 14610.7 of the Vehicle Code is amended to read: 14610.7. (a) It is a misdemeanor for any person to knowingly assist in obtaining a driver's license or identification card for any person whose presence in the United States is not authorized under federal law. (b) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.