SB60 - Driver's Licenses for Invaders in California
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| Mexican reconquistas Gil Cedillo (left) gets a warm hug from fellow radical Mexican Fabian Nunez as Calif. Gov. Gray Davis cedes California to Mexico. |
Signed by Gray Davis on September 5, 2003 at the Lincoln Park (East L.A.) DMV office [See This Feature].
Status as of September 5, 2003:
CURRENT BILL STATUS
MEASURE : S.B. No. 60
AUTHOR(S) : Cedillo (Principal coauthor: Senator Murray) (Coauthors: Senators Alarcon, Ducheny, Escutia, Kuehl, Romero, Soto, and Vasconcellos) (Coauthors: Assembly Members Berg, Bermudez, Calderon, Chan, Diaz, Dutra, Firebaugh, Goldberg, Hancock, Kehoe, Koretz, Lieber, Longville, Montanez, Mullin, Nunez, Oropeza, Reyes, and Salinas).
TOPIC : Vehicles: social security account number: driver's licenses: identification cards.
+LAST AMENDED DATE : 09/02/2003 TYPE OF BILL :
Inactive
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 09/03/2003
LAST HIST. ACTION : Enrolled. To Governor at 2 p.m.
TITLE : An act to amend Sections 1653.5, 12800, 12801, 12801.5, 12814.5, and 13000 of, and to add Sections 12801.2 and 12801.9 to, the Vehicle Code, relating to vehicles.
BILL NUMBER: SB 60 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2003
PASSED THE ASSEMBLY SEPTEMBER 2, 2003
AMENDED IN ASSEMBLY SEPTEMBER 2, 2003
AMENDED IN ASSEMBLY AUGUST 18, 2003
AMENDED IN ASSEMBLY JUNE 23, 2003
AMENDED IN SENATE JUNE 3, 2003
AMENDED IN SENATE APRIL 8, 2003
AMENDED IN SENATE MARCH 6, 2003
INTRODUCED BY Senator Cedillo
(Principal coauthor: Senator Murray)
(Coauthors: Senators Alarcon, Ducheny, Escutia, Kuehl, Romero,
Soto, and Vasconcellos)
(Coauthors: Assembly Members Berg, Bermudez, Calderon, Chan, Chu,
Diaz, Dutra, Firebaugh, Goldberg, Hancock, Kehoe, Koretz, Lieber,
Longville, Montanez, Mullin, Nunez, Oropeza, Reyes, and Salinas)
JANUARY 15, 2003
An act to amend Sections 1653.5, 12800, 12801, 12801.5, 12814.5,
and 13000 of, and to add Sections 12801.2 and 12801.9 to, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 60, Cedillo. Vehicles: social security account 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. Existing law requires an applicant who submits one
of those forms to the department to furnish the appropriate number in
the space provided. Existing law prohibits the department from
completing an application that does not include the applicant's
social security account number. Existing law prohibits the
department from including an applicant's social security account
number on a driver's license, identification card, registration,
certificate of title, or any other document issued by the department.
Existing law declares that information obtained by the department
regarding an applicant's social security account number is not a
public record and prohibits the department from disclosing that
information except in specified circumstances.
This bill would require those forms to contain a section for the
applicant's social security account number, federal individual
taxpayer identification number, or other identifier or number that is
deemed appropriate by the department. The bill would allow an
applicant for a driver's license or identification card who is
presently not eligible for a social security account number, but who
submits a specified affidavit signed under penalty of perjury, and 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 acceptable until the
applicant obtains a social security account number. The bill would
require that applicant upon obtaining a social security account
number to provide that social security account number to the
department. The bill would, however, require an application for a
commercial driver's license to include the applicant's social
security account number. Because the bill would expand the scope of
the crime of perjury, the bill would impose a state-mandated local
program.
The bill would also prohibit the department from including an
applicant's federal individual taxpayer identification number on a
driver's license, identification card, registration, certificate of
title, or any other document issued by the department. The bill
would declare that information obtained by the department regarding
an applicant's federal individual taxpayer identification number is
not a public record and would prohibit the department from disclosing
that information, except in specified circumstances.
(2) 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 department
from issuing a license or card to a person who does not do so.
Existing law requires the department to adopt regulations, including
procedures for verifying citizenship or legal residency of applicants
for driver's licenses and identification cards.
This bill would repeal those requirements.
The bill would, however, require the department to require an
applicant for an original driver's license or identification card to
present an identification document acceptable to the department, for
the purpose of establishing identity prior to completing that
application. The bill would require an applicant who furnishes the
department with his or her federal individual taxpayer identification
number to present to the department a birth certificate or record of
birth, determined to be acceptable by the department, issued by a
foreign jurisdiction, and, in addition, one other specified document
determined acceptable by the department. The bill would permit an
applicant who does not possess a birth certificate or record of birth
to instead present 2 or more of those specified documents.
The bill would require all applications for an original or renewal
driver's license to contain documentation acceptable to the
department showing the applicant is presently residing in this state.
(3) Existing law authorizes the department to establish a program
to renew driver's licenses by mail, for licensees not holding a
probationary license, and whose records meet certain requirements for
the 2 years immediately preceding the determination of eligibility
for the renewal.
This bill would provide that notwithstanding any other provision
of this bill or any other provision of law, an individual eligible to
renew a driver's license by mail pursuant to this program is not
required to personally appear at a department office for purposes of
obtaining that renewal.
(4) The bill would require the Department of Justice, in
consultation with the Department of Motor Vehicles and other
interested parties, to study the cost, feasibility, technological
capacity, and privacy implications for developing a biometrics system
that guarantees that applicants for a driver's license or
identification card are issued only one driver's license or
identification card. The bill would require the Department of
Justice on or before January 1, 2005, to report the findings of the
study to the Legislature.
(5) 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 the applicant's
social security account number, federal individual taxpayer
identification number, or other number or identifier deemed
appropriate by the department under paragraph (2) of subdivision (a)
of Section 12801.
(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, federal individual taxpayer identification
number, or other number or identifier deemed appropriate by the
department under paragraph (2) of subdivision (a) of Section 12801,
or pursuant to subdivision (b), the applicant's driver's license or
identification card number, if any, shall furnish the appropriate
number or identifier in the space provided.
(d) (1) The department shall not complete an application for the
issuance or renewal by the department of a driver's license or
identification card pursuant to Division 6 (commencing with Section
12500) that does not include one of the following:
(A) The applicant's social security account number.
(B) Subject to paragraph (2) of subdivision (a) of Section 12801,
a federal individual taxpayer identification number.
(C) Subject to paragraph (2) of subdivision (a) of Section 12801,
a number or identifier that is determined to be appropriate by the
department.
(2) The department shall not complete an application for the
issuance or transfer of the registration or certificate of title to a
vehicle that does not include one of the following:
(A) The applicant's driver's license number.
(B) The applicant's identification card number.
(e) An applicant's social security account number or federal
individual taxpayer identification 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, federal
individual taxpayer identification number, or any other information
collected under Section 12801 or 12801.5, 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 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, social security account number, federal individual
taxpayer identification number, or other number or identifier number
deemed appropriate by the department under paragraph (2) of
subdivision (a) of Section 12801.
(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) Documentation acceptable to the department showing that the
applicant is presently residing in this state. The department shall
develop regulations specifying those documents that are acceptable
for this purpose.
(k) 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) The department shall require an application for
the issuance or renewal of a driver's license or identification card
by the department to contain one of the following:
(A) The applicant's social security account number.
(B) Subject to paragraph (2), a federal individual taxpayer
identification number.
(C) Subject to paragraph (2), a number or identifier that is
determined to be appropriate by the department.
(2) If an applicant signs an affidavit under penalty of perjury
attesting that he or she is presently not eligible for a social
security account number and submits a federal individual taxpayer
identification number, or other number or identifier that is deemed
appropriate by the department, the submission of those documents
shall be acceptable to the department in lieu of a social security
account number until the applicant obtains a social security account
number. Upon obtaining a social security account number, the
applicant shall provide the department that number under paragraph
(1).
(3) The department shall not complete an application for the
issuance or renewal by the department of a driver's license or
identification card that does not include one of the following:
(A) The applicant's social security account number.
(B) Subject to paragraph (2), a federal individual taxpayer
identification number.
(C) Subject to paragraph (2), a number or identifier that is
determined to be appropriate by the department.
(b) Notwithstanding any other law, the social security number or
federal individual taxpayer identification number collected on a
driver's license or identification card application shall not be
displayed on the driver's license or identification card, including,
but not limited to, inclusion on a magnetic tape or strip used to
store data on the license.
SEC. 4. Section 12801.2 is added to the Vehicle Code, to read:
12801.2. (a) The department shall require every applicant for an
original driver's license or identification card to present an
identification document acceptable to the department, for the purpose
of establishing identity prior to completing an application.
(b) Any applicant who furnishes the department with his or her
federal individual taxpayer identification number pursuant to Section
1653.5, shall present to the department a birth certificate or
record of birth, determined to be acceptable by the department,
issued by a foreign jurisdiction, and, in addition, one of the
following documents, determined acceptable by the department:
(1) Matricula consular issued by the government of the United
States of Mexico.
(2) A passport issued by a foreign jurisdiction.
(3) A military identification card bearing the applicant's
photograph, from the county of origin.
(4) A driver's license, bearing the applicant's photograph, issued
by a foreign jurisdiction.
(5) A driver's license, bearing the applicant's photograph, issued
by another state, possession or territory of the United States.
(c) The department may, through regulations, accept documents in
addition to those specified in subdivision (b), provided that those
additional documents accurately confirm the identity of the
applicant.
(d) An applicant who does not possess a birth certificate or birth
record from his or her country of origin may present two or more of
the documents specified in subdivision (b) or referenced in
subdivision (c).
(e) An applicant who presents to the department a birth
certificate or record of birth issued by his or her country of
origin, but who does not possess any of the other documents specified
in subdivision (b), may present, in addition to the birth
certificate, a letter from the Consulate General of the applicant's
home country that confirms the authenticity of the birth record.
SEC. 5. Section 12801.5 of the Vehicle Code is amended to read:
12801.5. (a) 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.
(b) The inability to obtain a driver's license 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 is added to the Vehicle Code, to read:
12801.9. Notwithstanding any other provision of law, a commercial
driver's license applicant shall include the applicant's social
security account number in the application.
SEC. 7. Section 12814.5 of the Vehicle Code is amended to read:
12814.5. (a) The director may establish a program to evaluate the
traffic safety and other effects of renewing driver's licenses by
mail. Pursuant to that program, the department may renew by mail
driver's licenses for licensees not holding a probationary license,
and whose records, for the two years immediately preceding the
determination of eligibility for the renewal, show no notification of
a violation of subdivision (a) of Section 40509, a total violation
point count not greater than one as determined in accordance with
Section 12810, no suspension of the driving privilege pursuant to
Section 13353.2, and no refusal to submit to or complete chemical
testing pursuant to Section 13353 or 13353.1.
(b) The director may terminate the renewal by mail program
authorized by this section at any time the department determines that
the program has an adverse impact on traffic safety.
(c) No renewal by mail shall be granted to any person who is 70
years of age or older.
(d) (1) The department shall charge a fee of twelve dollars ($12)
for each noncommercial license renewal and twenty-seven dollars ($27)
for each commercial license or noncommercial firefighter license
renewal granted pursuant to subdivision (a) which expires on the
fourth birthday following the date of the application.
(2) The department shall charge a fee of fifteen dollars ($15) for
each noncommercial license renewal and thirty-four dollars ($34) for
each commercial license or noncommercial firefighter license renewal
granted pursuant to subdivision (a) which expires on the fifth
birthday following the date of the application.
(e) The department shall notify each licensee granted a renewal by
mail pursuant to this section of major changes to the Vehicle Code
affecting traffic laws occurring during the prior five-year period.
(f) The department shall not renew a driver's license by mail if
the license has been previously renewed by mail two consecutive times
for five-year periods.
(g) Notwithstanding any other provision of the act that added this
subdivision to this section during the 2003 portion of the 2003-04
Regular Session or any other provision of law, an individual eligible
to renew a driver's license pursuant to this section is not required
to personally appear at a department office for purposes of
obtaining that renewal.
SEC. 8. Section 13000 of the Vehicle Code is amended to read:
13000. (a) The department may issue an identification card to any
person attesting to the true full name, correct age, and other
identifying data as certified by the applicant for the identification
card.
(b) Any person 62 years of age or older may apply for, and the
department upon receipt of a proper application therefor shall issue,
an identification card bearing the notation "Senior Citizen".
(c) Every application for an identification card shall be signed
and verified by the applicant before a person authorized to
administer oaths and shall be supported by bona fide documentary
evidence of the age and identity of the applicant as the department
may require, and shall include a legible print of the thumb or finger
of the applicant.
(d) Any person 62 years of age or older, and any other qualified
person, may apply for, or possess, an identification card under the
provisions of either subdivision (a) or (b), but not under both of
those provisions.
SEC. 9. (a) The Department of Justice, in consultation with the
Department of Motor Vehicles and other interested parties, shall
study the cost, feasibility, technological capacity, and privacy
implications for developing a biometrics system that guarantees that
applicants for a driver's license or identification card are issued
only one driver's license or identification card.
(b) On or before January 1, 2005, the Department of Justice shall
provide the findings of the study described in subdivision (a) to the
Legislature.
SEC. 10. 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.
