The California Department of Motor Vehicles has published proposed regulations for a new law that requires the agency to issue driver’s licenses to applicants who cannot prove lawful immigration presence but who can verify their identity and state residence and meet all other licensing requirements.

The proposed regulations set out the documentation required for applicants to verify identity and residency.

State law requires that drivers prove their identity and legal presence to obtain a driver’s license. The new law, AB 60, allows applicants who cannot prove legal presence to obtain a license by proving their identity and California residency. The proposed regulations define the category of documents the DMV will accept to verify identity and residence under AB 60.

The DMV expects that it will continually update its list of acceptable documents as it works with foreign governments to finalize electronic verification of identity documents. For example, the DMV has said it anticipates eventually allowing a Mexican Consular Card as a sole means of proving identity.

“Although these regulations are not final, we encourage future applicants to begin gathering documents now that they will use to prove identity and residency,” said DMV Director Jean Shiomoto. “We will carefully consider the public comments we receive on these proposed regulations and make revisions as necessary.”

The proposed regulations can be viewed here. A public comment period runs from May 9 to June 23, after which the DMV plans to issue final regulations. AB 60 requires the DMV to begin issuing licenses no later than Jan. 1, 2015.

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