BILL ANALYSIS http://www.leginfo.ca.gov/pub/bill/asm/ab_0051-0100/ab_60_cfa_20010914_085720_sen_floor.html ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 60| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 60 Author: Cedillo (D), et al Amended: 9/13/01 in Senate Vote: 21 SENATE TRANSPORTATION COMMITTEE : 10-2, 7/10/01 AYES: Murray, Dunn, Figueroa, Monteith, Perata, Romero, Scott, Soto, Speier, Torlakson NOES: Brulte, Costa SENATE APPROPRIATIONS COMMITTEE : 7-2, 9/6/01 AYES: Alpert, Bowen, Burton, Escutia, McPherson, Murray, Speier NOES: Johannessen, Johnson ASSEMBLY FLOOR : 53-20, 6/7/01 - See last page for vote SUBJECT : Vehicles: Social Security number: driver's licenses and identification cards SOURCE : Author DIGEST : This bill makes several changes regarding the eligibility requirements for an original driver's license or identification card, including: (1) allow persons that had submitted an application or petition for lawful immigration status to apply for a driver's license or identification card; (2) provide that every application for a driver's license to contain the applicant's Social Security number, but specify that it shall not be included CONTINUED AB 60 Page 2 on any driver's license, identification card, registration, certificate of title, or any other document issued by the department; (3) allow an applicant who does not possess a Social Security number to submit a taxpayer identification number or other approved identifier and to sign an affidavit under penalty of perjury attesting that the applicant does have a Social Security number; and (4) delete the requirement that the department verify the authenticity of documents submitted to confirm legal presence. Senate Floor Analysis of 9/13/01 clarify various provisions related to applying for a driver's license by establishing lawful immigration status. Senate Floor Analysis of 9/7/01 : (1) provide that if applicant signs under penalty of perjury that he or she does not possess a Social Security number and submits a taxpayer identification number, the department shall accept those documents in lieu of a Social Security number. Once the applicant receives a Social Security number, that information shall be provided to the department; (2) provide that the department can only process applications that include a Social Security number or signed affidavit; and (3) delete proposed Vehicle Code Section 15201.1 (relating to commercial driver's licenses). ANALYSIS : Under existing law, every form prescribed by the State Department of Motor Vehicles (DMV) 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 additionally provides for inclusion of a federal taxpayer identification number. 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 revises these provisions to specify that any natural person who submits an affidavit signed under AB 60 Page 3 penalty of perjury, he or she does not possess a Social Security number, and submits a taxpayer identification number, or other identifier determined appropriate by the department, the submission of those documents shall be acceptable to the department in lieu of a Social Security number until the applicant obtains a Social Security number. The bill prohibits the department from completing any application for a driver's license that does not include the applicant's Social Security number or the aforementioned affidavit and identifier document. This bill also requires the department to require every natural person 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 or show, by documentation, that an application or petition for lawful immigration status or extension of legal presence has been initiated on the applicant's behalf, or for another person whereby the applicant would be a derivative beneficiary. This bill requires the department to issue a driver's license or identification card having a duration of three 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes Fiscal Impact (in thousands) Major Provisions 2001-02 2002-03 2003-04 Fund DMV cost savings (49) (660) (661) Motor Vehicle Social Services/ unknown, potentially multi-millionFederal Child Support dollar loss of TANF funds Services SUPPORT : (Verified 9/5/01) AB 60 Page 4 City of Sacramento Police Department American Insurance Association Insurance Agents and Brokers Legislative Council American Agents Alliance Cruz Bustamante, Lieutenant Governor Personal Insurance Federation of California Latin American Agents Assn. California Farm Bureau Federation Nisei Farmers League Agricultural Council of California California Labor Federation, AFL-CIO United Farm Workers of America, AFL-CIO Sacramento Central Labor Council, AFL-CIO California State Employees Association International Chamber of Commerce California Catholic Conference Congress of California Seniors Coalition for Humane Immigrant Rights of Los Angeles California Immigrant Welfare Collaborative JERICHO Children's Advocacy Institute Chinese for Affirmative Action Bay Area Gardeners Association Mexican American Legal Defense & Educational Fund Greater Los Angeles Metro Organizing Strategy Friends Committee on Legislation of California California State Council of Laborers California Professional Firefighters United Aerospace Workers Local 148 American Civil Liberties Union Sierra Club California State Franchise Tax Board Three individual letters ARGUMENTS IN SUPPORT : Currently, persons who register with the INS but whose immigration status has not been finalized are only allowed to receive a temporary three-month driver's license. However, they are not qualified to purchase auto insurance without a driver's license that entitles them to drive legally for the term of the policy. Since these individuals are residing in the state and allowed to remain in the state legally, they should be allowed to obtain a regular drivers license so AB 60 Page 5 that they may acquire insurance as required by law. ASSEMBLY FLOOR AYES: Alquist, Aroner, Briggs, Calderon, Canciamilla, Cardenas, Cardoza, Cedillo, Chan, Chavez, Chu, Cogdill, Cohn, Corbett, Correa, Diaz, Dutra, Firebaugh, Florez, Frommer, Goldberg, Horton, Jackson, Keeley, Kehoe, Kelley, Koretz, Liu, Longville, Lowenthal, Maldonado, Matthews, Migden, Nakano, Nation, Negrete McLeod, Oropeza, Papan, Pavley, Reyes, Salinas, Shelley, Simitian, Steinberg, Strickland, Strom-Martin, Thomson, Vargas, Washington, Wesson, Wiggins, Wright, Hertzberg NOES: Aanestad, Ashburn, Bates, Bogh, Bill Campbell, John Campbell, Cox, Dickerson, Harman, Hollingsworth, La Suer, Leonard, Leslie, Mountjoy, Rod Pacheco, Pescetti, Richman, Runner, Wyland, Wyman RJG:kb 9/14/01 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****