Existing law requires the Department of Motor Vehicles to issue drivers licenses to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original drivers license or identification card to submit satisfactory proof to the department that the applicants presence in the United States is authorized under federal law.

This bill would also require, beginning July 1, 2016, an applicant for an original drivers license or identification card to submit satisfactory proof of California residency, and would prohibit the department from issuing an original drivers license or identification card to a person who does not submit satisfactory proof of California residency. The bill would require the department to adopt regulations relating to the procedures for verifying that the applicant is a California resident.

Existing law requires the Department of Motor Vehicles to issue drivers licenses to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original drivers license or identification card to submit satisfactory proof to the department that the applicants presence in the United States is authorized under federal law.

This bill would also require, beginning July 1, 2016, an applicant for an original drivers license or identification card to submit satisfactory proof of California residency, and would prohibit the department from issuing an original drivers license or identification card to a person who does not submit satisfactory proof of California residency. The bill would require the department to adopt regulations relating to the procedures for verifying that the applicant is a California resident.

Existing law, the federal REAL ID Act of 2005 requires, among other things, that in order for a states drivers licenses and identification cards to be accepted for official purposes, including boarding a commercial aircraft, the state is required to comply with specified provisions, including that the state require, prior to issuance of drivers licenses or identification cards, valid documentary evidence of lawful presence in the country.

This bill would state the intent of the Legislature to enact legislation that requires the Department of Motor Vehicles to initiate any statutory or regulatory changes, to the extent that they are necessary, to satisfy the requirements of the Real ID Act of 2005.

 THIRD READING  

Bill No: AB 1465

Author: Gordon (D)

Amended: 3/26/15 in Assembly

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/23/15

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

ASSEMBLY FLOOR: 78-0, 6/1/15 - See last page for vote

SUBJECT: Driver’s licenses

SOURCE: Author

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 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. 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

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.

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, it is an important benchmark in demonstrating the state’s continued progress toward compliance and eligibility for future extensions.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee,

DMV would incur one-time and ongoing costs of approximately $5.56 million in 2016-17 and approximately $5.4 million annually thereafter, primarily related to increased transaction times. (Motor Vehicle Account)

SUPPORT: (Verified 8/27/15)

None received

OPPOSITION: (Verified 8/27/15)

None received

ASSEMBLY FLOOR: 78-0, 6/1/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Harper, O'Donnell

Prepared by: Erin Riches / T. & H. / (916) 651-4121

8/31/15 16:52:45

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1465 (Gordon) - Driver’s licenses.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1465 would require all applicants for an original driver’s license or identification card to submit proof of California residency, beginning July 1, 2016.

Fiscal Impact:

The Department of Motor Vehicles (DMV) would incur one-time and ongoing costs of approximately $5.56 million in 2016-17 and approximately $5.4 million annually thereafter, primarily related to increased transaction times. (Motor Vehicle Account)

Background:

Existing law generally requires applicants for an original driver's license or identification card to submit satisfactory proof of legal presence status under federal law, such as a birth certificate or approved immigration documents. Applications for the issuance or renewal of a driver's license or ID card must contain a section for the applicant's social security number. DMV is prohibited from accepting an application without a verified SSN unless the application was submitted with documents establishing legal presence and the Department of Homeland Security (DHS) verifies that the person is in the country legally, but not authorized to work.

Existing law, AB 60 (Alejo), Ch. 524/2013, requires DMV to issue an original driver’s license to an applicant who is unable to demonstrate proof of legal presence in the United States, if that person meets all other qualifications for licensure and provides satisfactory proof of identity and California residency. An AB 60 driver’s license is valid only for driving purposes and cannot be used for identification or federal purposes.

Congress enacted and the President signed H.R. 1268-"Real ID Act of 2005" on May 11, 2005, which is designed to improve the security of driver's licenses and identification cards issued by the individual states. The Act includes certain minimum document and license issuance requirements, and it provides that only persons with legal presence status can be issued a driver's license or identification card (DL/ID). A state, however, is permitted to issue a license or identification card to an undocumented immigrant, providing the license meets certain appearance requirements and clearly states that it cannot be used for any other official purpose. A driver’s license issued by a state that is not compliant with the Act will not be recognized for federal identification purposes, such as entering a federal building or boarding a plane. To date, DHS has determined that 21 states meet REAL ID Act standards, but the remaining states, including California, have been granted a deferment. The current round of extensions will end on October 15, 2015, but DHS will typically renew an extension if a state can provide adequate justification for continued non-compliance, such as demonstrating progress towards implementing minimum standards of the Act, plans for implementing any unmet requirements, and external factors that have caused delays towards full implementation.

Proposed Law:

Beginning July 1, 2016, AB 1465 would require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency, and would prohibit DMV from issuing a license or identification card to an applicant who cannot prove residency. The bill would also require DMV to adopt regulations specifying procedures for verifying an applicant is a California resident.

Staff Comments:

This bill is a federal conformity measure that is intended to bring the state incrementally closer to full compliance with the Real ID Act. This would help demonstrate progress towards implementing the Act’s minimum standards and full compliance that is necessary for an extension from DHS.

The bill would require DMV to update regulations and make other necessary one-time changes for implementation, such as programming and updating of applications, handbooks, and DMV’s website. It is likely that DMV could duplicate the regulatory requirements for AB 60’s California residency documentation when developing and adopting regulations related to the implementation of this bill. The significant annual ongoing costs of approximately $5.4 million would primarily be attributable to increased processing for the collection, review, and scanning of residency documents, which would add time to each transaction for an original driver’s license and identification card. DMV estimates the bill would apply to approximately 130,000 transactions each month, and would require the equivalent of an additional 85 PY of staff time statewide.

-- END --

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 1465 Hearing Date: 6/23/2015

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 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, 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

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1465

Author:(Gordon)

As Amended Ver:March 26, 2015

Majority vote

SUMMARY: Specifies that the Department of Motor Vehicles (DMV) is prohibited from issuing an original driver's license or identification card to an applicant that fails to provide satisfactory proof of state residency.

EXISTING LAW:

1. Prohibits a person from operating a motor vehicle unless the person successfully obtains a DMV- issued driver's license. Provides for limited exceptions including operating farm machinery and off-highway vehicles.

2. Authorizes DMV to issue driver's licenses to an applicant if they provide a social security number, verification of birthdate and legal presence, and a thumb print, in addition to successfully passing a written and behind-the-wheel driving test. An applicant is not required to provide proof of California residency.

3. Requires DMV to issue a driver's license to an applicant who is ineligible for a Social Security number if the applicant can provide additional documentation, as specified. Further specifies that a driver's license issued to an applicant who is ineligible for a social security number cannot be used for identification purposes.

FISCAL EFFECT: According to the Assembly Appropriations Committee, The DMV estimates ongoing special fund costs of $5.5 million beginning in 2016 to 2017 – the equivalent of 85 positions statewide – associated with increased transaction times. [Motor Vehicle Account]

COMMENTS: In 2005, Congress passed the "Real ID Act of 2005 (Act)," which is intended to improve the security of driver’s licenses and identification cards issued by the states and included certain minimum document and license issuance requirements. The Act provides that if a state fails to implement its provisions, a federal agency will not be authorized to accept a license issued by that state for any official purpose, including, boarding an airplane or entering a federal building or facility. The Act originally required implementation to begin in May 2008, however, due to a variety of implementation and compliance issues, the federal Department of Homeland Security (DHS) delayed enforcement of the Act and is now implementing a phased-in approach with state's being required to be in full compliance by sometime in 2016.

Over this period, DMV has continuously worked with DHS and made progress with meeting Real ID requirements. Presently, DHS has granted DMV an extension through October of this year to continue progress towards meeting the remaining Real ID standards. To this end, existing law is silent on a person's residency verification when applying for a driver's license or identification card, which is required under the Act. While AB 60 (Alejo), Chapter 524, Statutes of 2013, requires applicants to provide proof of residency as an alternative if they cannot establish proof legal presence, all other applicants are currently not required to provide proof of California residency when applying for a driver's license or identification card.

This federal conformity bill intends to bring the state one step closer to Real ID compliance by clarifying that all applicants for an original driver's license or identification card are required to provide DMV with proof of California residency. The author asserts that this bill "will help bring California issued driver's licenses into compliance with the federal Real ID Act and ensure that bearers of these licenses continue to have them accepted for purposes of official identification."

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0000580

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1465

Author:(Gordon) – As Amended Ver:March 26, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill, effective July 1, 2016, requires the DMV to require an applicant for an original driver's license or identification (ID) card to provide proof of California residency and that the applicant's presence in the United States is authorized under federal law.

The bill also requires the DMV to adopt regulations implementing the above and to report annually to the Legislature and the Governor on the cost of implementation for purposes of seeking federal reimbursement.

FISCAL EFFECT:

The DMV estimates ongoing special fund costs of $5.5 million beginning in 2016-17—the equivalent of 85 positions statewide—associated with increased transaction times. [Motor Vehicle Account]

COMMENTS:

1. Background. In 2005 Congress passed the “Real ID Act of 2005 (Act),” which is intended to improve the security of driver’s licenses and ID cards issued by the states and included certain minimum document and license issuance requirements. The Act provides that if a state fails to implement its provisions, a federal agency will not be authorized to accept a license issued by that state for any official purpose, including boarding an airplane or entering a federal building or facility. The Act originally required implementation to begin in May 2008, however, due to a variety of implementation issues, the federal Department of Homeland Security (DHS) delayed enforcement of the Act and is now implementing a phased-in approach with state's being required to be in full compliance by sometime in 2016.

2. Purpose. DMV has continuously worked with DHS and made progress with meeting Real ID requirements. This federal conformity bill intends to bring the state one step closer to Real ID compliance by clarifying that all applicants for an original driver's license or identification card are required to provide DMV with proof of California residency. The author asserts that this bill "will help bring California issued driver's licenses into compliance with the federal Real ID Act and ensure that bearers of these licenses continue to have them accepted for purposes of official identification."

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 13, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1465

Author:(Gordon) – As Amended Ver:March 26, 2015

SUBJECT: Driver’s licenses

SUMMARY: Specifies that the Department of Motor Vehicles (DMV) is prohibited from issuing an original driver's license or identification card to an applicant that fails to provide satisfactory proof of state residency.

EXISTING LAW:

1. Prohibits a person from operating a motor vehicle unless the person successfully obtains a DMV- issued driver's license. Provides for limited exceptions including operating farm machinery and off-highway vehicles.

2. Authorizes DMV to issue driver's licenses to an applicant if they provide a social security number, verification of birthdate and legal presence, and a thumb print, in addition to successfully passing a written and behind-the-wheel driving test. An applicant is not required to provide proof of California residency.

3. Requires DMV to issue a driver's license to an applicant who is ineligible for a social security number if the applicant can provide additional documentation, as specified. Further specifies that a driver's license issued to an applicant who is ineligible for a social security number cannot be used for identification purposes.

FISCAL EFFECT: Unknown

COMMENTS: In 2005 Congress passed the “Real ID Act of 2005 (Act),” which is intended to improve the security of driver’s licenses and identification cards issued by the states and included certain minimum document and license issuance requirements. The Act provides that if a state fails to implement its provisions, a federal agency will not be authorized to accept a license issued by that state for any official purpose, including, boarding an airplane or entering a federal building or facility. The Act originally required implementation to begin in May 2008, however, due to a variety of implementation and compliance issues, the federal Department of Homeland Security (DHS) delayed enforcement of the Act and is now implementing a phased-in approach with state's being required to be in full compliance by sometime in 2016.

Over this period, DMV has continuously worked with DHS and made progress with meeting Real ID requirements. Presently, DHS has granted DMV an extension through October of this year to continue progress towards meeting the remaining Real ID standards. To this end, existing law is silent on a person's residency verification when applying for a driver's license or identification card, which is required under the Act. While AB 60 (Alejo), Chapter 524, Statutes of 2013, requires applicants to provide proof of residency as an alternative if they cannot establish proof legal presence, all other applicants are currently not required to provide proof of California residency when applying for a driver's license or identification card.

This federal conformity bill intends to bring the state one step closer to Real ID compliance by clarifying that all applicants for an original driver's license or identification card are required to provide DMV with proof of California residency. The author asserts that this bill "will help bring California issued driver's licenses into compliance with the federal Real ID Act and ensure that bearers of these licenses continue to have them accepted for purposes of official identification."

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093