BILL NUMBER: SBX3 1 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY DECEMBER 1, 2003
PASSED THE SENATE NOVEMBER 24, 2003
AMENDED IN SENATE NOVEMBER 24, 2003
INTRODUCED BY Senator Oller
(Principal Coauthor: Senator Cedillo)
(Principal Coauthor: Assembly Member Benoit)
NOVEMBER 19, 2003
An act to amend Sections 1653.5, 12800, 12801, and 12801.5 of, and
to repeal Sections 12801.2 and 12801.9 of, the Vehicle Code, and to
repeal Section 9 of Chapter 326 of the Statutes of 2003, relating to
vehicles, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1, Oller. Vehicles: social security account number: driver's
license and identification cards.
(1) Existing law requires an applicant for the issuance or renewal
by the Department of Motor Vehicles of a driver's license or
identification card to provide his or her social security account
number. Existing law requires an 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 department from issuing a license or card to
a person who does not do so. Existing law also requires the
department to adopt regulations including procedures for verifying
the legal presence of applicants for driver's licenses and
identification cards.
Effective January 1, 2004, Chapter 326 of the Statutes of 2003 (SB
60) would, among other things, allow an applicant for a driver's
license or identification card, except an applicant for a commercial
driver's license, who submits an affidavit, signed under penalty of
perjury, attesting that he or she is presently not eligible for a
social security account number, but who submits a federal individual
taxpayer identification number or other number or identifier that is
deemed appropriate by the department, to submit those documents to
the department in lieu of a social security account number, and those
documents would be deemed acceptable until the applicant obtains a
social security account number. Chapter 326 of the Statutes of 2003
would delete the requirement that an applicant for an original driver'
s license or identification card submit satisfactory proof that the
applicant's presence in the United States is authorized under federal
law.
This bill would repeal the substantive changes that would be made
by Chapter 326 of the Statutes of 2003 and would reinstate the
existing law.
(2) Chapter 326 of the Statutes of 2003 would have amended Section
12814.5 of the Vehicle Code relating to the renewal of a driver's
license by mail, but that amendment will be superseded by a later
unrelated enactment with a higher chapter number. Effective January
1, 2004, Chapter 326 would also make a technical, nonsubstantive
change in Section 13000 of the Vehicle Code.
This bill would not affect either of those provisions.
(3) The bill would declare that it is to take effect immediately
as an urgency statute, and would become operative on January 1, 2004.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1653.5 of the Vehicle Code, as amended by
Chapter 326 of the Statutes of 2003, 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) A 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) The department shall not complete an application that does
not include the applicant's social security account number or driver'
s license or identification card number as required under subdivision
(c).
(e) An applicant's social security account number shall not be
included by the department on a 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
may 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, as amended by Chapter
326 of the Statutes of 2003, 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 social security account 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 a condition
that may bring about recurrent lapses, or whether the applicant has
a disease, disorder, or disability that affects his or her 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 that is 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, as amended by Chapter
326 of the Statutes of 2003, is amended to read:
12801. (a) Notwithstanding any other provision of law, the
department shall require an application for a driver's license to
contain the applicant's social security account number and any other
number or identifier determined to be appropriate by the department.
(b) Notwithstanding any other law, the social security account
number collected on a driver's license application shall not be
displayed on the driver's license including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.
SEC. 4. Section 12801.2 of the Vehicle Code, as added by Chapter
326 of the Statutes of 2003, is repealed.
SEC. 5. Section 12801.5 of the Vehicle Code, as amended by Chapter
326 of the Statutes of 2003, is amended to read:
12801.5. (a) Notwithstanding any other provision of law, the
department shall require an 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 a 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 a temporary license
pending verification of the applicant's status, and (3) appeal
hearings from a denial of a license, temporary license, or
identification card.
(d) 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.
(e) Notwithstanding Section 40300 or any other provision of law, a
peace officer may 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. 6. Section 12801.9 of the Vehicle Code, as added by Chapter
326 of the Statutes of 2003, is repealed.
SEC. 7. Section 9 of Chapter 326 of the Statutes of 2003 is
repealed.
SEC. 8. This act shall become operative on January 1, 2004.
SEC. 9. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to negate the substantive provisions of Chapter 326 of
the Statutes of 2003 as soon as possible, it is necessary that this
act take effect immediately.