Make your own free website on Tripod.com

 

http://www.leginfo.ca.gov/pub/bill/asm/ab_0051-0100/ab_60_bill_20001204_introduced.html

BILL NUMBER: AB 60      INTRODUCED
        BILL TEXT

INTRODUCED BY   Assembly Member Cedillo
                        DECEMBER 4, 2000
   An act to amend Sections 1653.5, 12800, 12801, and 12801.8 of, to
add Section 15250.1 to, and to repeal Section 12801.5 of, the Vehicle
Code, relating to the Department of Motor Vehicles.

        LEGISLATIVE COUNSEL'S DIGEST

   AB 60, as introduced, Cedillo.  Vehicles: social security number:
driver's licenses:  identification cards.
   (1) Under existing law, every form prescribed by the Department of
Motor Vehicles for use by an applicant for the issuance or renewal
by the department of a driver's license or identification card is
required to contain a section for the applicant's social security
account number.
   This bill would delete this requirement and would make related
changes to reflect this deletion.
   (2) Existing law requires the department to 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 the department.
   This bill would revise these provisions to specify that if an
applicant submits an affidavit signed under penalty of perjury, that
he or she does not possess a social security number, and submits a
taxpayer identification number, or other identifier, that is
determined appropriate by the department, the submission of those
documents shall be acceptable to the department and shall be deemed
the equivalent to providing a social security number.  Because the
bill would expand the scope of the crime of perjury, the bill would
impose a state-mandated local program.
   The bill also would require the department to require every
applicant for an original driver's license or identification card, at
the time of submission of the application, to establish his or her
lawful immigration status or that the applicant's presence in the
United States is authorized under federal law, as specified, or show,
by documentation, as specified, that an application or petition for
lawful immigration status or extension of legal presence, as
specified, has been initiated on the applicant's behalf, or for
another person whereby the applicant would be a derivative
beneficiary.
   The bill would require the department to issue a driver's license
or identification card having a duration of 3 years to an applicant
who does not have a social security number or is in the process of
obtaining lawful immigration status from the United States
Immigration and Naturalization Service.
   (3) Existing law requires the department to 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, and prohibits the issuance
of an original driver's license or identification card to any person
who does not submit satisfactory proof that his or her presence in
the United States is authorized under federal law.
   This bill would repeal these provisions.
   (4) In the case of a legal, nonimmigrant driver's license
applicant, existing law requires the department to issue a temporary
driver's license, valid for 90 days, under specified conditions, and
provides for the adjustment of the expiration date.
   This bill would delete a provision requiring the department to
adjust the expiration date of the driver's license in a specified
manner.
   (5) Existing law provides for the issuance of a commercial driver'
s license by the department.
   This bill would require an applicant for that license to include
in the application the applicant's social security number to the
extent that the inclusion of that number is required in order to be
in compliance with a specified federal regulation.
  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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)  
   (b)  Any 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)  
   (c)  The department shall not complete any application that
does not include the applicant's  social security account
number or  driver's license or identification card number as
required by subdivision  (c)   (b) .

   (e) An applicant's social security account number shall not be
included by the department on any driver's license, identification
card, registration, certificate of title, or any other document
issued by the department.
   (f) Notwithstanding any other provision of law, information
regarding an applicant's social security account number, obtained by
the department pursuant to this section, is not a public record and
shall 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. 
  SEC. 2.  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,
 and  residence address  , and social security
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 any
condition which may bring about recurrent lapses, or whether the
applicant has any disease, disorder, or disability which affects
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 necessary to enable the department to
determine whether the applicant is entitled to a license under this
code.
  SEC. 3.  Section 12801 of the Vehicle Code is amended to read:
   12801.  (a)  (1)  Notwithstanding any other provision of
law, 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   .
   (2) If an applicant signs an affidavit under penalty of perjury
attesting that he or she does not possess a social security number
and submits a taxpayer identification number or other identifier,
that is  determined to be appropriate by the department  ,
the submission of those documents shall be acceptable by the
department and shall be deemed the equivalent to providing a social
security number  .
   (b) Notwithstanding any other law,  the   no
information relating to  social security  number
  numbers  collected on a driver's license
application shall  not  be displayed on the driver's
license, including, but not limited to, inclusion on any magnetic
tape or strip used to store data on the license.  
   (c) (1) The department also shall require every applicant for an
original driver's license or identification card, at the time of
submitting the application, to do either of the following:
   (A) Establish his or her lawful immigration status or that the
applicant's presence in the United States is authorized under federal
law.
   (B) Show by documentation that an application or petition for
lawful immigration status or extension of legal presence has been
initiated by the applicant or by another person on the applicant's
behalf.  For these purposes, the applicant may produce evidence to
the department that an application or petition for lawful immigration
status or extension of legal presence has been initiated for another
person whereby the applicant would be a derivative beneficiary.
   (2) For purposes of subparagraph (B) of paragraph (1),
documentation status may include any of the following:
   (A) A receipt from the United States Immigration and
Naturalization Service stating that an application or petition has
been submitted.
   (B) An approval notice from the United States Immigration and
Naturalization Service stating that an application or petition has
been received.
   (C) An application for an extension of I-94 to extend an applicant'
s legal presence.
   (3) The following documents are acceptable applications or
petitions for purposes of subparagraphs (A) and (B) of paragraph (2):
   (A) Petition for Alien Relative (I-130).
   (B) Immigrant Petition for Alien Worker (I-140).
   (C) Petition for Amerasian, Widow(er), or Special Immigrant
(I-360).
   (D) Application to Register Permanent Residence or to Adjust
Status.
   (E) Immigrant Petition By Alien Entrepreneur (I-526).
   (F) Application for Asylum (I-589).
   (G) Registration for Classification as a Refugee (I-590).
   (H) Application to Adjust Status from Temporary to Permanent
Resident (I-698).
   (I) Application for Voluntary Departure Under the Family Unity
Program (I-817).
   (J) Application for Temporary Protected Status (I-821).
   (K) Nicaraguan and Central American Relief Act-Suspension of
Deportation or Application for Special Rule Cancellation of Removal
(I-881).
   (L) Application for an extension of a I-94.
   (d) Notwithstanding Sections 12814, 12814.5, and 13002 or any
other provision of law, an applicant who does not have a social
security number or is in the process of obtaining lawful immigration
status from the United States Immigration and Naturalization Service
shall be issued a driver's license or identification card having a
duration of three years.
   (e) Notwithstanding any other provision of law, neither the
department, nor its agents or employees, shall disclose any
information about an applicant's social security number, absence of a
social security number, or any other information collected pursuant
to this section, to any public or private entity, except as permitted
by federal or state law, nor shall the department, or its agents or
employees, differentiate in any manner, other than for identification
purposes, between applicants who do or do not have a social security
number. 
  SEC. 4.  Section 12801.5 of the Vehicle Code is repealed.  
   12801.5.  (a) Notwithstanding any other provision of law, the
department 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.
   (b) The department shall not issue an original driver's license or
identification card to any 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 temporary licenses
pending verification of status, and (3) appeals hearings from denials
of licenses, temporary licenses, or identification cards.
   (d) On January 10, 1995, and on January 10 of each subsequent year
thereafter, 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 shall 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. 
  SEC. 5.  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   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 
paragraph (1) of  subdivision  (a)   (c)
 of Section  12801.5   12801  , 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   The
 department shall establish a procedure for receiving mailed
requests for the extension of driver's licenses as described in this
section.
  SEC. 6.  Section 15201.1 is added to the Vehicle Code, to read:
   15201.1.  A commercial driver's license applicant shall include in
the application the applicant's social security number to the extent
that the inclusion of that number is required in order to be in
compliance with Section 383.153 of Subpart J of Part 383 of Title 49
of the Code of Federal Regulations.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.