Residency Status. Dmv Verification Program. Illegal Aliens.

Transcription

1 University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives Residency Status. Dmv Verification Program. Illegal Aliens. Follow this and additional works at: Recommended Citation Residency Status. Dmv Verification Program. Illegal Aliens. California Initiative 627 (1994). This Initiative is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository. It has been accepted for inclusion in Initiatives by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact

2 Office of the Secretary of State Tony Miller Acting Secretary of State, 1230 J Street Sacramento, California #627 ELECTIONS DIVISION (916) For Hearing and Speech Impaired Only:, (800) June 30, 1994 TO: ALL COUNTY CLERKS/REGISTRARS OF VOTERS AND PROPONENT (94163) FROM: CATHY MITCHELL Initiative Coordinator Pursuant to Elections Code section 3520(b), you are hereby notified that the total number of signatures to the hereinafter named proposed INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE filed with all county elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient; therefore, the petition has failed. TITLE: RESIDENCY STATUS. DMV VERIFICATION PROGRAM. ILLEGAL ALIENS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. SUMMARY DATE: PROPONENT: January 21, 1994 Ted Hilton county\status.ltr\94154.cas

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4 ., Office of the Secretary of State 1230 J Street ELECTIONS DIVISION (916) March Fong Eu Sacramento. California For Hearing and Only: (800) Impaired January 21, 1994 #627 TO ALL REGISTRARS OF VOTERS. OR COUNTY CLERKS, AND PROPONENT (94024) Pursuant to Section 3513 of the Elections Code, we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed Initiative Measure entitled: RESIDENCY STATUS. DMV VERIFICATION PROGRAM. ILLEGAL ALIENS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Circulating and Filing Schedule 1. Minimum number of signatures required ,958 Cal. Const., Art. II, Sec. 8(b). 2. Official Summary Date Elec. C., Sec Friday, 01/21/94 3. Petition Sections: a. First day Proponent can circulate Sections for signatures... Friday, /94 Elec. C., Sec b. Last day Proponent can circulate and file with the county. All sections are to be filed at the same time within each county..... Elec. C., Secs. 3513, 3520(a) Monday. 06/20/94 c. Last day for county to determine total number of signatures affixed to petition and to transmit total to the Secretary of State... Thursday. 06/30/94 (If the Proponent files the petition with the county on a date prior to 06/20/94, the county has eight working days from the filing of the petition to determine the total number of signatures affixed to the petition and to transmit the total to the Secretary of State.) Elec. C., Sec. 3520(b). Date adjusted for official deadline which falls on SUNDAY Elec. C., Sec. 60.

5 ,. \ RESIDENCY STATUS. DMV VERIFICATION PROGRAM. ILLEGAL ALIENS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. January Page 2, d. Secretary of State determines whether the total number of signatures filed with all county clerks meets the minimum number of required signatures, and notifies the counties.. Saturday, 07/09/94" e. Last day for county to determine total number of qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State Friday, (If the Secretary of State notifies the county to determine the number of qualified voters who signed the petition on a date other than 07/09/94, the last day is no later than the thirtieth day after the county's receipt of notification.) Elec. C., Sec. 3520(d), (e). f. If the signature count is more than 677,554 or less than 585,161 then the Secretary of State certifies the petition has qualified or failed, and notifies the counties. If the signature count is between 585,161 and 677,554 inclusive, then the Secretary of State notifies the counties using the random sampling technique to determine the validity of all signatures.. Monday. 08/29194,- -- g. Last day for county to determine actual number of all qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State Thursday, 10/13/94 (If the Secretary of State notifies the county to determine the number of qualified voters who have signed the petition on a date other than 08/29/94, the last day is no later than the thirtieth working day after county's receipt of notification.) Elec. C., Sec. 3521(b), (c).... h. Secretary of State certifies whether the petition has been signed by the number of qualified voters required to declare the petition sufficient..... Monday, 10117/94" Date varies based on receipt of county certification.

6 , - RESIDENCY STATUS. DMV VERIFICATION PROGRAM. ILLEGAL ALIENS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. January 21, 1994 Page 3 4. The Proponent of the above-named measure is: Ted Hilton Coalition for Immigration Law Enforcement 1742 Garnet Avenue, #240 San Diego, California (310) Important Points: (a) California law prohibits the use of signatures, names and addresses gathered on initiative petitions for any purpose other than to qualify the initiative measure for the ballot. This means that the petitions cannot be used to create or add to mailing lists or similar lists for any purpose, including fund raising or requests for support. Any such misuse constitutes a crime under California law. Elections Code section 29770; Bilofsky v. Deukmejian (1981) 123 Cal.App. 3d 825, 177 Cal.Rptr. 621; 63 Ops. CaI.Atty.Gen. 37 (1980). (b) Please refer to Elections Code sections 41,41.5,44,3501,3507,3508,3517, and 3519 for appropriate format and type consideration in printing, typing, and otherwise preparing your initiative petition for circulation and signatures. Please send a copy of the petition after you have it printed. This copy is not for our review or approval, but to supplement our file. (c) (d) (e) (f) Your attention is directed to the campaign disclosure requirements of the Political Reform Act of 1974, Government Code section et seq. When writing or calling state or county elections officials, provide the official title of the initiative which was prepared by the Attorney General. Use of this title will assist elections officials in referencing the proper file. When a petition is presented to the county elections official for filing by someone other than the proponent, the required authorization shall include the name or names of the persons filing the petition. When filing the petition with the county elections official, please provide a blank petition for elections official use. NOTE TO PROPONENTS WHO WISH TO QUALIFY FOR THE NOVEMBER 8, 1994 GENERAL ELECTION: This initiative must be certified for the ballot 131 days before the election (June 30, 1994). Please remember to time your submissions accordingly. For example, in order to allow the maximum time permitted by law for the random sample verification process, it is suggested that proponents file their petitions to county elections officials by April 22, If a 100% check of signatures is necessary, it is advised that the petitions be filed by March 2, Sincerely, /, 'tv... CATHY MITCHELL INITIATIVE COORDINATOR Attachment: POLITICAL REFORM ACT OF 1974 REQUIREMENTS

7 I DANIEL E. LUNGREN Attorney General State of California DEPARTMENT OF JUSTICE 1515 K Sl'REET, SUITE 511 P.O. Box SA 'TV\, CA (916) (916) January 21, 1994 Honorable March Fong Eu Secretary of State 1230 J Street Sacramento, CA Re: Subject: Initiative Title and Summary RESIDENCY STATUS. DMV VERIFICATION PROGRAM. ILLEGAL ALIENS. INITIATIVE CONS'I'l'l'U'110NAL AMENDMENT AND STATUTE. File No: SA 93 RF 0026 Dear Mrs. Eu: Pursuant to the provisions of sections 3503 and 3513 of the Elections Code, you are hereby notified that on this day we mailed to the proponent of the above-identified proposed initiative our title and summary. '--' Enclosed is a copy of our transmittal letter to the proponent, a copy of our title and Sl]mmary, a declaration of mailing thereof, 'and a copy of the proposed measure. According to information available in our records, the name and address of the proponent is as stated on the declaration of mailing. Sincerely, KFD:ms Enclosures DANIEL E. LUNGREN Attorney General /. ~ '-. -;t.~ A...u.-<,. ~-~THI.BEN F. DaROSA Initiative Coordinator

8 I. -,.' Date: File No: January 21, 1994 SA93RF0026 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: RESIDENCY STATUS. DMV VERIFICATION PROGRAM. ILLEGAL ALIENS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Requires the Department of Motor Vehicles (DMV) to issue driver's licenses or other identification cards which verify citizenship or legal residency under federal immigration laws. Prohibits employment unless such DMV verification is filed with employer. Makes lawful residency status requirement for workers compensation, unemployment compensation, and public postsecondary education. Requires California Attorney General to seek federal reimbursement for illegal aliens who utilize public health care services and who are incarcerated. Requires California Department of Justice to fingerprint persons under deportation orders. Creates misdemeanor or felony violations and fines. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Initial implementation costs to the state potentially in the range of $100 million, partially offset by fee revenues of approximately $65 mi11ion. Unknown annual state costs in the range of $30 million from 1996 through 1999, with ongoing annual costs in the range of $10 million. Beginning in 1996, DMV's share of costs offset by annual fee revenues of approximately $30 million, with other state costs to the General Fund not offset by fees. Unknown annual savings potentially in excess of $100 million for withholding various services. Unknown annual costs to locals of several millions of dollars with unknown annual savings potentially in excess of $200 million for withholding services.

9 I, A-rH J /HIS IS CoPY OF I I propdsed 1'<) I r, c t9 rl c./ /Vo. SA 93 f<f OD2~ /, I I I! I! I / Ir"'-- "-.Q... "'-,. '-~""~I7'--I~T:~ -_"... ' "'_ f' " ~ 'L:"' -.. 1r... ~, Ie r"'" "':r..,. )0- I I I i I

10 ., I. - PAGE 1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) TO THE HONORABLE SECRETARY OF STATE OF CALIFORNIA We, the undersigned, registered, qualified voters of california, residents of county (or city and County), hereby propose amendments to the constitution and to the various codes, relating to California Verified Identification, and petition the Secretary of state to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed text of the measure reads as follows: SECTION 1. TITLE. This initiative measure shall be known and may be cited as the California Verified Identification Act of r"., SECTION 2. FINDINGS. The people of California find

11 PAGE 2 and declare that the taxpayer is unfairly burdened by subsidizing state and federal benefits for persons residing here in violation of federal law in a time of fiscal crisis. In 1993, California experienced a multi-billion dollar deficit for the third consecutive year, and many cities and counties confronted a combined multi-billion dollar deficit. The people of California face severe cut-backs and loss of 'services, including police and fire protection. It is the poorest citizens and the newest of our legal residents who often suffer the most. when state services are reduced. Reduced benefits to lawful residents are attributed to state and federal mandated programs which the state must provide to many dependent undocumented persons, of a population estimated to be over 2 million, 52% of the nation's total. statewide the estimate for subsidizing those here in violation of federal law, after tax contributions, is more than $5 billion annually, according to the October 1993 report issued by the California state Senate Special Committee on Border Issues. Two chief reasons for proposl.ng the laws and enforcement mechanisms of this initiative are the legislature's inability to enforce existing state laws, and to enact effective new ones which could serve to discourage illegal migrations. The public is also experiencing economic hardship due in part to insufficient action by Congress to exercise their oath of office to enforce the 1986 Immigration Refonn and Control Act and

12 ,. " PAGE 3 all immigration laws., The people of the state of California find and declare that Congress and the federal government, by avoiding full reimbursement of undocumented migrants' costs for social services, health care and in the justice and prison system, coupled with inadequate control of our international border, are jeopardizing citizen's safety and California's standard of living. SECTION 3 INTENT. As citizens and voters,. Californian's intent and purpose by enacting this initiative is to take control of our future, and to establish honest, credible identification which will be required to receive specific state benefits. Californians must lead the nation again. The laws in this initiative will, in a humane and dignified manner, exemplify indirect control of a nation's borders. We can begin to protect our sovereignty and state tax supported services by ~ssu~ng verified identification to only citizens and legal residents. Each document presented to obtain identification will be verified with the issuing agency. We will safeguard our civil liberties, our freedoms, and our state tax dollars by requiring California Verified Drivers' Licenses and Identification. verified identification will preserve state funded unemployment insurance, worker's compensation, social services, Medi-Cal, attendance at public colleges and universities, and employment for only citizens and lawful residents.

13 PAGE 4 California Verified Identification, presented with a Medi-Cal card, will diminish fraud and save taxpayer dollars. currently, unauthorized persons borrow a Medi-Cal card to obtain expensive treatment and operations at the expense of the United states taxpayer. The people of California, by enacting this initiative, intend to expedite welfare refo1lll, a major solution in controlling illegal immigration. California is a most desirable welfare state, allowing its citizens to remain on public funds for years, decades and generations. Governor Wilson says California, with 12% of the nation's population, pays 26% of the welfare payments. Our citizen and legal resident welfare recipients, and our disadvantaged youth, must be given the entry level positions now occupied by many undocumented workers. This initiative will restore a system of integrity to the Department of Motor Vehicles by preventing issuance of multiple drivers' licenses and identification to the same person. The laws will also prevent issuance of state benefit checks to the same person; assist individuals and the state to obtain child support payments: inhibit insurance fraud; reduce outstanding warrants and fines; expedite law enforcement's apprehension of suspects; and prevent other abuses of identification fraud. The people of the state of California in accordance with the California Constitution, Article II, Section 8 (a), granting electors the right to propose statutes and amendments to

14 - PAGE 5 the California Constitution, and in accordance with Article X of the United states Constitution, lithe powers not delegated to the united states by the Constitution, nor prohibited by it to the states, are reserved respectively to the states, or to the people, II do hereby propose the following laws. SECTION 4. section B is added to Art~cle I, Section 1 of the California Constitution, to read: 1. Inalienable Rights section 1. a. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness and privacy. ) Except as may be precluded Qy the united states constitution, nothing in subdivision A shall preclude the state or g local subdivision from requiring g person seeking public benefits and privileges to disclose his or her name, address, date and location of birth, nationality, federal residency status, or other information as required Qy statute for the receipt of the public benefits and privileges.

15 PAGE 6 - SECTION 5. section 15 is added to Article IX of the California Constitution, to read: SEC. 15. (a) No person who is not a citizen of the united states or a pennanent lawful resident or a person admitted lawfully under federal immigration law, shall be enrolled as a student in any public postsecondary educational institution. On and after July 1, 1995, every public postsecondary educational institution shall require every student enrolling in, or continuing enrollment l.n, that institution to disclose to institution officials his or her verified driver's license or verified identification card, the number of which shall be recorded and maintained by the institution. (b) In construing this section or any other provision of this constitution, no court of this State may impose upon the State or any public postsecondary educational institution or any public official, any obligation to enroll students who are not lawful residents of this state except to remedy a violation of, the equal protection clause of the Fourteenth Amendment to the united States Constitution that would be recognized under federal decisional law. SECTION 6. section 2 of Article XIX of the California Constitution is amended to read: SEC. 2. Revenues from fees and taxes imposed by the state upon vehicles or their use or operation, over

16 PAGE 7 and above the costs of collection and any refunds authorized by law, shall be used for the following purposes: (a) The state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon ~~e public streets and highways of this state, including the enforcement of traffic and vehicle laws by state agencies and the mitigation of the environmental effec~s of motor vehicle ooeration due :0 air and sound emissions. - (b) The purposes specified in Section 1 O~ "'... ca ""... - "'... ~e~e ""' Article XXII. (c) The ourooses soecified in Section 1 of... - SECTION 7. Article XXII is added to the California Constitution, to read: ARTICLE XXII VERIFIED DRIVER'S LICENSE AND VERIFIED IDENTIFICATION CARD SECTION 1. (a) On and after January 1, 1995, the Department of Motor Vehicles, or its successor, shall develoo and issue verified drivers' licenses and veri:ied identification cards as provided by this article and by statute, and shall administer those provisions. A

17 PAGE 8 verified driver's license or verified identification card shall only be issued to a person who is a citizen or a legal resident of the united states under federal immigration and naturalization laws. The verified driver's license or verified identification card shall indicate that the person is a citizen of the United states, or, if a legal resident, the person's status under those federal laws. Instead of issuing a verified driver's license or verified identification card, the department may issue a modified driver's license or modified identification card that contains the infonllation required to be included on a verified driver's license or verified identification card. The verified driver's license, verified identification card, modified driver's license or modified identification card shall be utilized by persons in order to verify their citizenship status or lawful residence status whenever verification of citizenship or lawful residence status is required by law excepting for purposes of employment whereby a license or card issued by the department prior to the effective date of this section may be used until January 1, The license or card issued by the department shall be examined and the number recorded by the person who is required by law to verify it. Cb) On and after January 1, 1995, all citizens and legal residents who seek identification from the department shall apply for a verified driver's license, verified identification card, or a modified driver's license or modified identification card.

18 . - PAGE 9 r ' (c) The expiration date of each modified driver's license, or modified identification card shall be recorded by the person who is required by law to verify it. No benefit, right or privilege shall extend to anyone who holds an expired modified driver's license, or modified identification card. (d) A person seeking a verified driver's license or verified identification card or a modified driver's license or a modified identification card shall apply in person, at 'locations designated by the department. The department shall accept as proof of the person's citizenship or lawful residence status when a person is initially applying for a verified driver's license, or a verified identification card, or a modified driver's license, or a modified identification card, any of the following documents, but no other documents, and shall record the infoloination from the documents: (1) An original or certified copy of a birth certificate with raised seal, if appropriate, issued in the United states. (2) A currently valid united States passport and an affidavit signed under penalty of perjury identifying the local recorder's office where the birth of the person was registered in the United states. (3) Official immigration documents with photograph, if applicable, issued by the Uni ted States Immigration and Naturalization service, or its successor, that either contain the person's alien registration number or provide reasonable evidence

19 I " PAGE 10 of current immigration or naturalization status. (4) Any docnment issued by a court described in section 10 of Article VI or any comparable federal court or court in another state that establishes a person's citizenship or l!agal residence status. (5) A document establishing proof of Indian blood degree issued by the united states Department of the "Interior, Bureau of Indian Affairs, or its successor, specifying the name and birth date of an individual born on a federal Indian reservation. (6) Official documents issued by the State Department of the united States or the united States Immigration and Naturalization Service to a United states citizen born in a foreign country, or both the documents and the certificate. (e) For purposes of an application by an applicant for a verified driver's license, verified identification card, modified driver's license, modified identification card, who currently holds a valid driver's license or identification card issued by the department, the department may, pursuant to its procedures adopted by regulation, accept an affidavit s~gned, under penalty 'of perjury, sent through the u.s. mail, by the person requesting a renewal of an unexpired license or card issued by the department, if the person declares that he or she is entitled to the verified or modified license or card and provides whatever additional information the department reasonably determines is necessary to enable the department to determine whether the applicant is

20 ., I PAGE 11 entitled to the verified driver's license, verified identification card, modified driver's license, or modified identification card. (f) The costs incurred by the department pursuant to subdivisions (a) and (b) shall be paid from funds received by the department from the imposition of fees imposed for the issuance of drivers' licenses and identification cards for that purpose SEC. 2. (a) Commencing on January 1, 1995, no person shall be eligible to continue in his or her current employment, or to commence new employment unless he or she, not later than April I, 1995, in the case of a current employee or not later than 90 days after commencing new employment, in the case of a new employee, obtains and files with his or her employer a copy of a valid verified driver's license, verified identification card, modified driver's license, or modified identification card issued by the Department of Motor Vehicles, or its successor, pursuant to section 1 or any driver's license or identification card issued by the department prior to the effective date of this section. The employer shall retain that copy in the employee's personnel file,. unless it is superseded pursuant to subdivision (b), and shall include the identification number indicated thereon on all returns or other documents filed or issued by the employer in accordance with the Personal Income Tax Law that otherwise identify that employee. (b) Each employee shall, not later than 90 days

21 PAGE 12 after obtaining, for any reason, a new, renewed, or replacement verified driver's license, verified identification card, modified.~' driver's license, or modified identification card, file an authenticated copy of that license or card with his or her employer. The employer shall retain that copy and use the identification number indicated thereon as required by subdivision (a) (c) Not later than April 1, 1996, and not later than April 1 of each year thereafter, ending April 1, 2000, each employer shall confinu that each current employee who has filed a copy of a license or card as required by subdivision (a) or (b) with the employer in a previous calendar year currently holds a valid license or card by examining the date on the copy contained in that employee's personnel file. The Department of Motor Vehicles, or its successor, shall provide the confinuation required by this subdivision upon an employer's request pursuant to procedures established by the department, or its successor. Cd) Any public or private employer or employee who fails to comply with this section is guilty of a public offense. '. pun1shable as prov1ded by statute.. SECTION 8. Section 6205 is added to the Government Code, to read: Ca) No public officer or employee shall accept a verified driver's license, verified identification card, modified driver's license, or modified identification card as proof of citizenship or lawful residence status for purposes of providing

22 . -., PAGE any benefit, privilege, or right provided by law knowing the license or card is false, and no benefit, privilege, or right shall be granted by a public officer or employee to any person who fails to present a license or card for purposes of receiving a benefit, privilege, or right when the presentation of a license or card is required by law as a condition to receiving the benefit, privilege, or right. (b) Each public officer or employee is required to record the expiration date for each modified driver's license or modified identification card, and no benefit, privilege, or right shall extend beyond the expiration of any modified driver's license or modified identification card. (c) A violation of subdivisions (a) or (b) is a public offense punishable by imprisonment in the county jail or not more than one year, or by a fine of not more than two thousand dollars ($2,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both the imprisonment and fine. (d) As used in subdivision (a), "verified driver's license, II "verified identification card, I' "modified driver's license," and "modified identification card," have the same meanings as defined in Section of the Vehicle Code. SECTION 9. Article 4 (commencing with section 15060) is added to Chapter 1 of Part 6 of Division 3 of Title 2 of the Government Code, to read: Article 4. Fingerprint System

23 PAGE (a) To the extent peuuitted under federal law, and in cooperation with the united states Immigration and Naturalization service, the California Department of Justice shall fingerp~int persons who enter this state in violation of federal immigration and naturalization laws and for whom orders of deportation have been issued. (b) In lieu of actually fingerprinting per~ons described in subdivision (a), the California Department of Justice may request the Commissioner of Immigration and Naturalization to make available the service's fingerprints of persons described in subdivision (a) to the California Department of Justice. (c) The department shall forward the fingerprints of persons obtained pursuant to subdivision (a) or (b) to the Department of Motor Vehicles for purposes of carrying out Chapter 1.S (commencing with section 13010) of Division 6 of the Vehicle Code. SECTION 10. section of the Health and Safety Code is amended to read: (s) On and after January 1, 1978, whenever the state Registrar receives a death certificate from a local registrar, the state Registrar shall dete~iuine whether the state records contain the birth certificate of the deceased or a reproduction thereof as authorized under the this chapter. If the

24 PAGE 1$ State Registrar has etteh e that record of birth, it shall be revised to indicate the date of the death of the registrant, or, alternatively, a notation to ~~eh this effect shall be entered in the State Registrar's index of births adjacent to the name of the deceased. The State Registrar, pursuant to an ongoing program, shall distribute, without charae, on a monthlv basis to each ~ 4 countv,. a list of deceased reqistrants to enable local ~ registrars and recorders to update their files. Uoon receipt of ~~eh 8 this list, the local registrar or county - recorder shall revise the local records or indexes accordingly. Subject to the availability of funds appropriated for ~~eh this purpose, the State Registrar may similarly revise or index birth records of registrants whose death certificates were filed prior to January 1, (b) ~ county recorder shall crossfile ~ copy of ~ death record with ~ copy of tte birth record of the deceased if the county registrar determines its records contain the birth. record of the deceased. If ~ county recorder determines its records do not contain the birth record of the deceased, then the countv recorder shall send that death record to the local reaistrar, who shall ~ crossfile that death record with ~ copy of the birth

25 PAGE 16 record of the deceased, if available. (c) If the county recorder has knowledge that birth certificate of the deceased was registered in county located in another state, the county recorder shall notify the appropriate official in that county of the registered death certificate. SECTION 11. section 3220 is added to the Labor Code, to read: Notwithstanding any other provision of law, commencing on July 1, 1995, no benefits shall be paid under this division to any person who is not a resident of the state and either a citizen of the United states or legally residing in the United states, as evidenced by his or her verified driver's license, verified identification card, modified driver's license,,-. or modified identification card issued by the Department of Motor Vehicles pursuant to Chapter 1.5 (commencing with section 13010) of Division 6 of the Vehicle Code. SECTION 12. Chapter 3. 6 (commencing with Section ) is added to Title 15 of Part 1 of the Penal Code, to read: CHAPTER 3.6 ILLEGAL ALIENS Ca) Any local or state law enforcement officer with the knowledge that an alien is unlawfully

26 PAGE 17 / ' present in the state or that a person in his or her custody is unlawfully in the state shall infolm United states Immigration and Naturalization Service officials of that person's unlawful presence. (b) A violation of subdivision (a) is a public offense, punishable by imprisonment in the county j ail for not more than one year, or by fine of nor more than two thousand dollars ($2,000), or by imprisonment in the state prison for 16 months, or two years, or by both the imprison~ent and fine In addition to section 5025, the Attorney General, on or before January 1, 1996, shall be in receipt of infolluation from the Department of Motor Vehicles confilllling the lawful status of all inmates in the state and counties prison system and continue to maintain records with the Department of Motor Vehicles regarding the lawful status of all subsequent inmates. The Attorney General shall, on or before March 1, 1996, request the united states Attorney General and the federal government to reimburse California in accordance with federal law for the costs incurred for processing and incarcerating illegal alien prisoners in the justice and prison system of the counties and the state. Each January 1, thereafter, the Attorney General shall make additional requests, as appropriate, in accordance with this section Any employer who fails to comply with the requirements of section 2 of Article XXII of the California Constitution is guilty of a public offense punishable by

27 PAGE 18 imprisonment in the county jail for not more than one year, or by a fine of not more than two thousand dollars ($2,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both the imprisonment and fine (a) A health care provider who provides services, funded in whole or in part with public funds, to an individual who is unable to show the provider a verified" driver's license, verified identification card, modified driver's license, or modified identification card, shall provide the California Department of Health Services with the name, address, date of birth, country of origin, and total medical costs of the individual receiving services. The Department of Health Services shall keep a record of the inforlllation supplied to them pursuant to this subdivision and provide the inforlllation to the California Department of Justice and the Department of Motor Vehicles. The Attorney General shall, on or before January 1, 1997, request the federal government to reimburse California for all costs incurred by persons without California modified or verified identification. Each January 1, thereafter, the Attorney General shall make additional requests, as appropriate, in accordance with this section. (b) Whenever a health care provider fails to comply with subdivision (a), the Department of Justice may seek civil damages against the provider ~n the amount of ten thousand dollars ($10,000). In addition, failure to comply with subdivision (a) is

28 , - PAGE 19 grounds for license revocation or suspension by the appropriate licensing entity. (c) As used in this section, "health care provider" means any person licensed or certified pursuant to Division 2 - (commencing with section 500) of the Business and) Professions Code, or licensed pursuant to the osteopathic Initiative Act or the Chiropractic Initiative Act, or certified pursuant to Chapter 2.5 (commencing with section 1440) of Division 2 of the Health and Safety Code, and any clinic, health dispensary, or health facility licensed pursuant to Division 2 (commencing with section 1200) of the Health and safety Code. SECTION 13. Section 104 is added to the Unemployment Insurance Code, to read: 104. (a) Notwithstanding any other provision of law, commencing on July 1, 1995, no benefits shall be paid under this division to any person who is not a resident of the state, and either a citizen of the United states or legally residing in the united States, as evidenced by his or her verified driver's license, verified identification card, modified driver's license, or modified identification card issued by the Department of Motor Vehicles pursuant to Chapter 1.5 (commencing with section 13010) of Division 6 of the Vehicle Code. (b) Subdivision (a) is operative to the extent not prohibited by federal law. SECTION 14. section 2614 is added to the Unemployment Insurance Code, to read:

29 PAGE (a) Notwithstanding any other provision of law, commencing on July 1, 1995, no benefits shall be paid under this division to any person who is not a resident of the state, and either a citizen of the united states or legally residing in 'the united states, as evidenced by his or her verified driver's license, verified identification card, modified driver's license, or modified identification card issued by the Department of Motor Vehicles pursuant to Chapter 1.5 (commencing with section 13010) of Division 6 of the Vehicle Code. (b) Subdivision Ca) is operative to the extent not prohibited by federal law., SECTION 15. Chapter 1.5 (commencing with section is added to Division 6 of the Vehicle Code, to read: CHAPTER 1.5 VERIFIED DRIVER'S LICENSE AND VERIFIED IDENTIFICATION CARD (a) Unless the provision or context otherwise requires, the definitions set forth in this section govern the construction of this chapter. (b) A "modified driver's license" or a "modified identification card" means, respectively, a driver's license or an identification card, as those documents existed on the effective date of this section, that are revised in order to contain the inforillation required to be included on a verified driver's license,

30 '. PAGE 21 verified identification card, that are valid for no more than one year, and are used prior to the issuance of a verified driver's license or verified identification card. (c) A "verified driver's license" or "verified identification card" is a verified driver's license or a verified identification card, respectively, issued pursuant to this chapter, that indicates the holder is either a citizen of the united states or a lawful resident (a) The department, by regulation, shall prescribe the folin and contents for a verified driver's license and verified identification card consistent with this chapter and Article XXII of the California Constitution. Instead of issuing a verified driver's license or a verified identification card, the department may issue a modified driver's license or a modified identification card, as prescribed by the department by regulation (a) (1) Every application for an original, duplicate, or renewal of a verified driver's license, verified identification card, modified driver's license, or modified identification card, as the case may be, and except as provided in paragraph (2), shall be accompanied

31 , PAGE 22 by documentation sufficient to establish the applicant's citizenshio - or lawful residence status. The only documents the depar tment ma'y accept to verify ci ti zenship or residence status are those specified in Article XXII of the California Constitution. (2) For purposes of an application for a renewal of a license or card, the department may, pursuant to procedures adopted by 'regulation by th~ department, in lieu of accepting the documents described in paragraph (1), allow an applicant for a renewal of an unexpired license or card to sign an affidavit, under penalty of perjury, declaring that he or she is entitled to the renewal. In addition, the applicant may be required to provide whatever additional information the department reasonably determines is necessary to enable the department to determine whether the applicant is entitled to the license or card. The affidavit shall contain the identification number of the unexpired license or card. (b) Every application for an original, duplicate, or renewal of a verified driver's license or a verified identification card shall, in addition to being accompanied by the documentation specified in subdivision (al, if applicable, contain all of the following information:

32 . -.., PAGE 23 (1) The applicant's true full name, any previous names and aliases, name on the document submitted, age, sex, mailing address, and residence address. (2) A brief description of the applicant for the purpose of identification. (3) A thumbprint as obtained by the department, including a thumbprint from all applicants for a duplicate license or identification card to ascertain the thumbprint matches that of the original license prior to issuance of a duplicate license. (4) Whether the applicant has previously been issued a verified driver's license, a verified identification card, a modified driver's license, or modified identification card. (5) All instances where the applicant has reported a lost or stolen verified driver's license, verified identification card, the date on which each loss or theft was reported, and whether the license was found or recovered. (6) All instances when the applicant has reported a lost or stolen driver's license or identification card, the date on which each loss or theft was reported, and whether the license or card was found or recovered. (7) Any other infoi:liiation necessary to enable the department to detenlline whether the applicant is

33 .., PAGE 24 - entitled to a license or card under this chapter (8) A space shall be provided for the department employee who verified the license or card pursuant to paragraph (1) of subdivision (c) to insert his or her name and the date verification took place. (c) (1) Every application for a verified driver's license, verified identification card, modified, driver's license, or modified identification card shall be signed and verified by the applicant before an employee of the department authorized to administer oaths. (2) With respect to the issuance of a verified identification card or a ~odified identification card only, if the applicant, because of age or disability, is unable to sign his or her own name, the applicant's parent or guardian may sign and verify the application on behalf of the applicant before an employee of the department authorized to administer oaths. (d) If the department issues a verified driver's license, verified identification card, modified driver's license, or modified identification card to a person who is authorized to be present in the United States only for a specified period' of time, the department shall establish an expiration date for the license or card that is not later than the date the person is authorized to be present in the United States under federal law, and

34 .. PAGE 25 the department may renew the license or card pursuant to subdivision (e) only if it is verified by the department that the person's continued presence in the United States is authorized under federal law. (e) The department shall not issue or renew a verified driver's license, verified identification card, modified driver's license, or modified identification card to any person who does not meet the requirements for the issuance of the particular license or card (a) The department shall verify all documents submitted by an applicant as evidence of citizenship or lawful :esidence status, as follows: (1) All birth certificates issued in the United States and affidavits of birth that are filed with United State passports shall be verified with the local recorder's office or state registrar's office where the birth was registered. (2) All United States passports shall be verified with the State Department of the United States. (3) All immigration documents shall be verified with the United States Immigration and Naturalization Service, or its successor. (4) All court documents establishing a person's identity shall be verified with the particular court. (5) A document establishing proof of Indian

35 ,... PAGE 26 blood degree shall be verified with the United States Department of Interior, Bureau of Indian Affairs, or its successor. (6) Documents establishing citizenship of a foreign born citizen shall be verified with the State DeDartment - of the Unitec States and the Immigration and Naturalization Service. (b) The departrnentshalluse social security account numbers, to be verified with the Social Securitv - Administration, as a secondary source in order to ascertain that each person issued a verified or modified license or card has the same name and date of birth for social security account number purposes. (c) The department shall utilize all information available to it to determine whether to issue or revoke a verified driver's license, verified identification card, modified driver's license, or modified identification card. Upon refusal or revocation by the department, the applicant may demand, in writing, a hearing before the director, or his or her designee, within 60 days after notice of refusal or revocation. The hearing shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code (a) All verified driver's licenses,

36 ,, PAGE 27 verified identification cards, modified driver's licenses, and modified identification cards shall state the citizenship or lawful residence status of the person and work authorization status for temporary residents. (b) The department shall establish a California Verified Identification Appeals Board to serve the public and develop policy to issue verified identification to persons with legitimate claims, or documents, when verification of documents by the issuing agency is unsuccessful. (c) The California Verified Identification Appeals Board shall consist of five members, appointed by the governor for tenus of four years, and approved by a majority of the membership of the Senate. The members of the board may be removed from office by the Governor - (d) Any person who is unable to provide adequate proof of citizenship or residence status pursuant to Article XXII of the California Constitution or who is otherwise denied the issuance of a card by the department may appeal to the California Verified Identification Appeals Board. The board shall review the decision of ~he department subject to procedures established by the Legislature. (e) Upon receipt of a certified statement from an official representing an agency that affirlus an applicant holds an authentic document of the type issued by that agency, but which that agency is unable to verify the record of pending a final

37 i l PAGE 28, investigation, the department shall issue a modified driver's license or modified identification card. (f) The department shall utilize the best available, cost effective technology in producing verified driver's licenses, verified identification cards, modified driver's licenses, or modified identification cards to ml.nl.ml.ze counterfeiting or tampering with the cards (a) No person who is present in this state in violation of the federal immigration and naturalization laws shall apply for a verified driver's license, verified identification card, modified driver's license, or modified identification card, or shall unlawfully use any license or card. (b) No employee of the department shall l.ssue a verified driver's license, verified identification card, modified driver's license or modified identification card to a person if the employee or official knows the person is not lawfully entitled to the license or card (a) The department shall maintain a record of the number of each person's verified driver's license, verified identification card, modified driver's license, or modified identification card and copl.es of the particular documents described in section 1 of Article XXII of the California Constitution used by that person for verification purposes.

38 , " ( PAGE 29 (b) The department shall annually audit the names on all records and the names on all verified documents of all persons who possess the same full names and date of birth to ascertain that the persons used different documents to verify citizenship or lawful status, and shall annually audit records and files of verified driver's licenses, verified identification cards, modified driver's licenses and modified identification cards (a) The department shall cooperate with all federal, state and local governmental agencies in efforts to identify those persons whose presence in this state is in violation of the federal immigration and naturalization laws. The department's cooperation shall include, but not be limited to, reporting the names and addresses, if known, of all persons the department reasonably suspects to be in violation of federal immigration and naturalization laws. The department shall, in consultation with the Social Security Administration, devise a program to verify a person's social security account number in conjunction with the person's date of birth and any other social security account number infol:mation. (b) The department shall ensure, through the use of thumbprint data, that every person has been issued --,

39 ... 41, PAGE 30 not more than one verified driver's license, verified identification card, modified driver's license, or modified identification card. The department shall also utilize the thumbprint information obtained pursuant to Section of the Penal Code and the fingerprint information obtained pursuant to Section of the Government Code for purposes of verifying citizenship and residence status. (c) Employees of the department 'shall provide the United States Immigration and Naturalization Service with all information known to them concerning persons suspected to be residing in this state in violation of federal immigration and naturalization laws. (d) The department shall conduct research pertaining to processes that prohibit the ability to alter or duplicate a verified driver's license, verified identification card, modified driver's license, and modified identification card. - The deoartment shall also conduct research pertaining to processes that allow expeditious identification of counterfeit verified driver's licenses, verified identification cards, modified driver's licenses, and modified identification cards (a) In addition to any other fees specified in this code, a fee of five dollars ($5) shall be paid at the time of application for an original,