LEGISLATIVE COUNSEL'S DIGEST
SB 60, as amended, Cedillo. Vehicles: driver's licenses.
(1) Existing law requires the Department of Motor Vehicles, upon
proper application, to issue driver's licenses and identification
cards.
This bill would require the department, in the issuance of driver'
s licenses and identification cards, to issue licenses and cards that
are in compliance with specified requirements of the federal Real ID
Act of 2005 (Public Law 109-13).
The bill would require the department
, on or before January
1, 2011, to issue a driver's license that permits driving and
is acceptable by a federal agency for any official purpose, as
certified by the federal Secretary of Homeland Security, to an
applicant who is in compliance with specified requirements of
specified provisions of
the that federal act
, no later than 240 days after the United States
Secretary of Homeland Security approves the state'
s implementation plan of the federal act .
The bill also would require the department,
on or before
January 1, 2011, in compliance with the federal act,
and no later than 240 days after the United States Secretaryof
Homeland Security approves the state's implementation plan, to issue a driver's license that permits driving, and is not
acceptable by a federal agency for federal identification or for any
other official purpose, to an applicant who does not provide valid
documentary evidence of lawful status under the federal act.
(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 driver's license or identification 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, and to make a specified annual report.
This bill would repeal those requirements on the date that the
Secretary of State receives a notice from the Director of Motor
Vehicles
indicating the date that the department
shall commence has commenced the
issuance of driver's licenses in compliance with the implementation
of the federal Real ID Act of 2005.
(3) Existing law makes it a misdemeanor for a person to knowingly
assist in obtaining a driver's license or identification card for a
person whose presence in the United States is not authorized under
federal law.
This bill would repeal that provision, and, instead, would make it
a misdemeanor to knowingly assist in obtaining documents for another
person in violation of the federal Real ID Act of 2005. These
changes would become operative on the date of receipt by the
Secretary of State of the notice described above.
Because this bill would create a new crime, this bill would impose
a state-mandated local program.
(4) 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.
(5) The bill would provide that its provisions are severable.
Comments/questions on SB 60 (Cedillo): Vehicles: driver’s licenses.
