Bill Text: CA AB1465 | 2015-2016 | Regular Session | Chaptered
Bill Title: Driver's licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 708, Statutes of 2015. [AB1465 Detail]
Download: California-2015-AB1465-Chaptered.html
BILL NUMBER: AB 1465 CHAPTERED
BILL TEXT
CHAPTER 708
FILED WITH SECRETARY OF STATE OCTOBER 9, 2015
APPROVED BY GOVERNOR OCTOBER 9, 2015
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gordon
FEBRUARY 27, 2015
An act to amend, repeal, and add Section 12801.5 of the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1465, Gordon. Driver's licenses.
Existing law requires the Department of Motor Vehicles to issue
driver's licenses to applicants who meet specified criteria and
provide the department with the required information. Existing law
generally requires an applicant for an original driver's license or
identification card to submit satisfactory proof to the department
that the applicant's presence in the United States is authorized
under federal law.
This bill would also require, beginning July 1, 2016, an applicant
for an original driver's license or identification card to submit
satisfactory proof of California residency, and would prohibit the
department from issuing an original driver's license or
identification card to a person who does not submit satisfactory
proof of California residency. The bill would require the department
to adopt regulations relating to the procedures for verifying that
the applicant is a California resident.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12801.5 of the Vehicle Code, as added by
Section 13 of Chapter 524 of the Statutes of 2013, is amended to
read:
12801.5. (a) Except as provided in Section 12801.9, 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) Except as provided in Section 12801.9, 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, but not limited to, procedures
for (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) hearings to
appeal 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 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 16 years of
age.
(f) The inability of an individual 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.
(g) This section shall become operative on January 1, 2015, or on
the date that the director executes a declaration pursuant to Section
12801.11, whichever is sooner.
(h) This section shall become inoperative on July 1, 2016, or the
effective date of a final judicial determination made by any court of
appellate jurisdiction that any provision of the act that added this
section, or its application, either in whole or in part, is
enjoined, found unconstitutional, or held invalid for any reason,
whichever is sooner, and, as of January 1, 2017, is repealed, unless
a later enacted statute, that becomes effective on or before January
1, 2017, deletes or extends the dates on which it becomes inoperative
and is repealed. The department shall post information relating to a
final judicial determination on its Internet Web site.
SEC. 2. Section 12801.5 is added to the Vehicle Code, to read:
12801.5. (a) Except as provided in Section 12801.9, the
department shall require an applicant for an original driver's
license or identification card to submit satisfactory proof of
California residency and that the applicant's presence in the United
States is authorized under federal law.
(b) Except as provided in Section 12801.9, 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 not issue an original driver's license or
identification card to a person who does not submit satisfactory
proof of California residency.
(d) The department shall adopt regulations to carry out the
purposes of this section, including, but not limited to, procedures
for (1) verifying that the applicant is a California resident and
that his or her 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) hearings to appeal a denial of a
license, temporary license, or identification card.
(e) 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.
(f) Notwithstanding Section 40300 or any other 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 16 years of
age.
(g) The inability of an individual 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.
(h) This section shall become operative on July 1, 2016.
(i) This section shall become inoperative on the effective date of
a final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.
SEC. 3. Section 12801.5 of the Vehicle Code, as added by Section
14 of Chapter 524 of the Statutes of 2013, is amended to read:
12801.5. (a) Notwithstanding any other 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, but not limited to, procedures
for (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) hearings to
appeal 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 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 16 years of
age.
(f) The inability of an individual 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.
(g) This section shall become operative on the effective date of a
final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.
(h) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 12801.5 is added to the Vehicle Code, to read:
12801.5. (a) Notwithstanding any other law, the department shall
require an applicant for an original driver's license or
identification card to submit satisfactory proof of California
residency and 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 not issue an original driver's license or
identification card to a person who does not submit satisfactory
proof of California residency.
(d) The department shall adopt regulations to carry out the
purposes of this section, including, but not limited to, procedures
for (1) verifying that the applicant is a California resident and
that his or her 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) hearings to appeal a denial of a
license, temporary license, or identification card.
(e) 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.
(f) Notwithstanding Section 40300 or any other 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 16 years of
age.
(g) The inability of an individual 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.
(h) This section shall become operative on the effective date of a
final judicial determination made by any court of appellate
jurisdiction that any provision of the act that added this section,
or its application, either in whole or in part, is enjoined, found
unconstitutional, or held invalid for any reason. The department
shall post this information on its Internet Web site.
