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AB-1480 Driver’s licenses and identification cards: Real ID Act of 2005.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
AB1480:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1480

Introduced by Assembly Member Melendez

February 22, 2019

An act to add Sections 12805.5 and 13000.5 to the Vehicle Code, relating to driver’s licenses and identification cards, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1480, as introduced, Melendez. Driver’s licenses and identification cards: Real ID Act of 2005.
Existing law, the federal Real ID Act of 2005, requires, among other things, that in order for a state’s driver’s licenses and identification cards to be accepted for official purposes, including boarding a commercial aircraft, the state is required to comply with specified provisions, including that the state require, prior to issuance of driver’s licenses or identification cards, valid documentary evidence of lawful presence in the country.
Existing state law permits the Department of Motor Vehicles to require applicants for an original, renewal, or duplicate driver’s license to produce any identification that it determines necessary to verify the applicant’s true full name or residence address. Existing law prohibits the department from issuing or renewing a driver’s license to a person under specified circumstances, including, among others, if the person is not of legal age to receive a driver’s license. Existing law also authorizes the department to issue identification cards to any person attesting to the true full name, correct age, and other identifying data as certified by the applicant. Existing law prohibits the department from issuing a Real ID driver’s license to a person who holds a valid Real ID identification card, or from issuing a Real ID identification card to a person who holds a valid Real ID driver’s license.
This bill, beginning October 1, 2019, would require all original, renewal, or duplicate driver’s licenses or identification cards issued by the department to be Real IDs unless the applicant affirms that he or she does not wish to receive, or is not eligible for, a Real ID driver’s license or identification card.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12805.5 is added to the Vehicle Code, to read:

12805.5.
 On and after October 1, 2019, all original, renewal, or duplicate driver’s licenses issued by the department shall be Real ID driver’s licenses unless the applicant affirms that he or she does not wish to receive, or is not eligible for, a Real ID driver’s license.

SEC. 2.

 Section 13000.5 is added to the Vehicle Code, to read:

13000.5.
 On and after October 1, 2019, all original, renewal, or duplicate identification cards issued by the department shall be Real ID identification cards unless the applicant affirms that he or she does not wish to receive, or is not eligible for, a Real ID identification card.

SEC. 3.

 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to facilitate compliance with the requirements of the federal Real ID Act of 2005 and to provide California residents with a federal-compliant form of identification that will enable them to board domestic flights or access federal facilities beginning October 1, 2020, it is necessary for this act to take effect immediately.