BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 468
                                                                  Page  1

          Date of Hearing:   April 2, 2001

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                  John Dutra, Chair
                     AB 468 (Cohn) - As Amended:  April 16, 2001
           
          SUBJECT  :   Duplicate driver's licenses; replacement ID cards

           SUMMARY :   Requires the Department of Motor Vehicles (DMV) to  
          inspect photo ID's or its own photographic files prior to  
          issuing a duplicate driver's license, or replacement  
          identification  (ID) cards.  Specifically,  this bill:

           1)Requires  DMV, prior to issuing a duplicate driver's license,  
            to obtain from the applicant satisfactory proof of his or her  
            identity, including a valid identification document that  
            contains a photograph of the applicant.

          2)Requires DMV, in the absence of an applicant presenting a  
            valid identification document, to verify the applicant's  
            identity by inspecting its own photographic files from the  
            licensee's prior license or ID card.

           EXISTING LAW  requires an applicant for a duplicate driver's  
          license to provide satisfactory proof that the original license  
          has been lost, destroyed, or mutilated.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   The bill is intended to deal with one of the means  
          by which "identity theft" is commonly perpetrated in California.  
           In the situation addressed by the bill, the thief applies for a  
          duplicate license or a replacement ID card in the name of an  
          unsuspecting licensee, simply by claiming to be that person and  
          asserting that his or her original license or ID card has been  
          lost or destroyed.  If successful, the identity thief can then  
          establish credit, write checks, apply for jobs, or do any number  
          of things in the name of the victim.  When this practice came to  
          light last year, DMV began to tighten its procedures to assure  
          that applicants for duplicate licenses or replacement IDs were  
          indeed the persons they claimed to be.  This bill would confirm  
          in statute one of the major recently-initiated DMV reforms meant  
          to deter identity theft.

          Similar to this bill, both AB 125 (Leach) and SB 766 (Karnette)  








                                                                  AB 468
                                                                  Page  2

          would require DMV to check its photographic files prior to  
          issuing a duplicate driver's license or replacement ID.   
          However, unlike this bill, the measures authored by  
          Assemblywoman Leach and Senator Karnette do not allow DMV to  
          accept other forms of photo ID in lieu of checking its own  
          files.  In 2000, Assemblywoman Leach authored AB 2382 which  
          would have required DMV to check its photographic files as a  
          condition of issuing any duplicate driver's license or  
          replacement ID.  That bill passed this committee unanimously but  
          died on suspense in the Assembly Appropriations Committee.

          Current DMV policy lists several forms of documentation as being  
          adequate to identify the applicant for a duplicate license  
          (e.g., a passport, military ID, US Citizen ID, or the mutilated  
          license itself).  By allowing these forms of identification to  
          be offered by applicants, both DMV policy and this bill allow  
          DMV to minimize processing delays while assuring that duplicate  
          licenses and replacement IDs are issued only to appropriate  
          persons. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None received

           Opposition 
           
          None received
           
          Analysis Prepared by  :    Howard Posner / TRANS. / (916) 319-2093