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DMV said to need OK to act on fed driver-license rules

By Michael Gardner
COPLEY NEWS SERVICE
September 2, 2005

SACRAMENTO – The Legislature's top lawyer says the Department of Motor Vehicles must secure permission and funding from state lawmakers before implementing programs to comply with identification standards for driver licenses ordered by Congress.

Legislative Counsel Diane Boyer-Vine's opinion could give more clout to Democrats pushing to provide a distinguishable "driving only" certificate to those applicants who cannot prove they are in the United States legally, said Sen. Gil Cedillo, D-Los Angeles.

The license debate will reignite next week when the Assembly takes up Cedillo's contentious SB 60, stalled over extending driving privileges to illegal immigrants.

Gov. Arnold Schwarzenegger has vowed to veto any legislation passed before the Bush administration releases nationwide guidelines, such as requiring a birth certificate or passport, as part of the Real ID Act.

Cedillo acknowledged that the legislative counsel's opinions are routinely greeted with skepticism because she works for the majority Democrats.

"(Congress) told us to do this," he said. "The lawyer simply says (that) to do it legally and orderly, you must have legislation."

Cedillo said the opinion makes it clear that lawmakers and the governor must act quickly to ensure that the DMV has the time and money to develop comprehensive identification procedures before a May 2008 federal deadline.

Critics contend that the legislation could be passed with ease if Cedillo would drop his demands that illegal immigrants be given the ability to obtain licenses.

If the Legislature fails to respond, California driver licenses could not be used to fly or enter federal buildings, under the act.