BILL NUMBER: AB 60 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 14, 2002
PASSED THE ASSEMBLY SEPTEMBER 14, 2002
AMENDED IN SENATE SEPTEMBER 13, 2001
AMENDED IN SENATE SEPTEMBER 7, 2001
AMENDED IN SENATE AUGUST 28, 2001
AMENDED IN SENATE JULY 2, 2001
AMENDED IN ASSEMBLY MAY 31, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Assembly Member Cedillo
(Coauthors: Assembly Members Aroner, Chu, Diaz, Firebaugh,
Goldberg, Keeley, Koretz, Reyes, Shelley, and Strom-Martin)
(Coauthors: Senators Escutia and Romero)
DECEMBER 4, 2000
An act to amend Sections 1653.5, 12800, 12801, 12801.5, and
12801.8 of, and to add Section 15201.1 to, the Vehicle Code, relating
to the Department of Motor Vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 60, 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 , additionally, would provide for inclusion of a federal
taxpayer identification number.
(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
federal taxpayer identification number, or other identifier, that is
determined appropriate by the department, the submission of those
documents shall be acceptable to the department until the applicant
obtains 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. This bill would prohibit the department from
completing any application for a driver's license that does not
include the applicant's social security number or the described
affidavit and identifier document.
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 complies with the above and 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.
The bill would require the department to adopt implementing
regulations.
(3) 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.
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 either the applicant'
s social security account number, or, if the driver's license or
identification card is issued pursuant to Section 12801, a federal
taxpayer identification 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) 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 federal taxpayer identification 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 any application that does
not include the applicant's social security account number, federal
taxpayer identification number, or driver's license or identification
card number as required by subdivision (c).
(e) An applicant's social security account number or federal
taxpayer identification 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 or federal
taxpayer identification 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 and nontax debt
collection.
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,
residence address, and, except as provided in Section 12801, a 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 determined to be appropriate by the department.
(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 federal taxpayer identification number or other
identifier, that is determined to be 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. Upon obtaining a social security
number, the applicant shall provide the social security number
pursuant to paragraph (1).
(3) The department shall not complete any application for a driver'
s license that does not include the applicant's social security
number or an affidavit and document pursuant to paragraph (2).
(4) The department shall require proof of identity acceptable to
the department prior to completing an application for a driver's
license or identification card.
(b) Notwithstanding any other law, no information relating to
social security numbers collected on a driver's license application
shall be displayed on any registration, certificate of title, or any
other document issued by the department, or on the identification
card or on the driver's license, including, but not limited to,
inclusion on any magnetic tape or strip used to store data on the
license or identification card.
(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 acceptable to the department 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 (I-485).
(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.
(M) Any other federal documentation used to obtain lawful
immigration status.
(d) Notwithstanding Sections 12814, 12814.5, and 13002 or any
other provision of law, upon submitting the signed affidavit and
document described in paragraph (2) of subdivision (a), an applicant
who does not have a social security number and 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) (1) 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.
(2) Paragraph (1) does not apply to information described in
paragraph (1) that is disclosed by the department in response to
information requests for either of the following:
(A) The Franchise Tax Board for the purpose of tax administration
and nontax debt collection.
(B) An agency operating pursuant to, and carrying out the
provisions of, Part A (commencing with Section 601) of, or Part D
(commencing with Section 651) of, Subchapter IV of Chapter 7 of Title
42 of the United States Code.
(f) The department shall adopt regulations to carry out the
purposes of this section, including, but not limited to, both of the
following:
(1) Providing a process to hear appeals from denials of driver's
licenses, temporary driver's licenses, or identification cards.
(2) Development of procedures governing the methods used by the
department to verify the documentation provided by the applicant
pursuant to this section.
SEC. 4. Section 12801.5 of the Vehicle Code is amended to read:
12801.5. (a) 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.
(b) 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.
(c) 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) The department shall develop regulations to
establish the validity period of any temporary license issued under
Section 12801 and to specify the process by which temporary licenses
may be extended or reissued.
SEC. 6. Section 15201.1 is added to the Vehicle Code, to read.
15201.1. Notwithstanding any other provision of law, a commercial
driver's license applicant shall include the applicant's social
security number in the application.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.