BILL NUMBER: AB 1660	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 12, 2014

   An act to amend Section 12801.9 of the Vehicle Code, relating to
driver's licenses.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1660, as introduced, Alejo. Driver's licenses:
nondiscrimination.
   Existing law requires the Department of Motor Vehicles to issue an
original driver's license to a person who is unable to submit
satisfactory proof that the applicant's presence in the United States
is authorized under federal law if he or she meets all other
qualifications for licensure and provides satisfactory proof to the
department of his or her identity and California residency. Existing
law makes it a violation of law, including, but not limited to, a
violation of the Unruh Civil Rights Act, to discriminate against an
individual because he or she holds or presents a driver's license
issued under these provisions.
   This bill would prohibit a governmental authority, or agent of a
governmental authority, or person acting on behalf of a governmental
authority, from discriminating against an individual because he or
she holds or presents a license issued pursuant to those provisions.
The bill would deem an action taken by an employer to comply with any
requirement or prohibition under the federal Immigration and
Nationality Act as not being a violation of the Unruh Civil Rights
Act.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12801.9 of the Vehicle Code is amended to read:

   12801.9.  (a) Notwithstanding Section 12801.5, the department
shall issue an original driver's license to a person who is unable to
submit satisfactory proof that the applicant's presence in the
United States is authorized under federal law if he or she meets all
other qualifications for licensure and provides satisfactory proof to
the department of his or her identity and California residency.
   (b) The department shall adopt emergency regulations to carry out
the purposes of this section, including, but not limited to,
procedures for (1) identifying documents acceptable for the purposes
of proving identity and California residency, (2) procedures for
verifying the authenticity of the documents, (3) issuance of a
temporary license pending verification of any document's
authenticity, and (4) hearings to appeal a denial of a license or
temporary license.
   (c) Emergency regulations adopted for purposes of establishing the
documents acceptable to prove identity and residency pursuant to
subdivision (b) shall be promulgated by the department in
consultation with appropriate interested parties, in accordance with
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), including law enforcement representatives, immigrant rights
representatives, labor representatives, and other stakeholders, which
may include, but are not limited to, the California Highway Patrol,
the California State Sheriffs' Association, and the California Police
Chiefs Association. The department shall accept various types of
documentation for this purpose, including, but not limited to, the
following documents:
   (1) A valid, unexpired consular identification document issued by
a consulate from the applicant's country of citizenship, or a valid,
unexpired passport from the applicant's country of citizenship.
   (2) An original birth certificate, or other proof of age, as
designated by the department.
   (3) A home utility bill, lease or rental agreement, or other proof
of California residence, as designated by the department.
   (4) The following documents, which, if in a language other than
English, shall be accompanied by a certified translation or an
affidavit of translation into English:
   (A) A marriage license or divorce certificate.
   (B) A foreign federal electoral photo card issued on or after
January 1, 1991.
   (C) A foreign driver's license.
   (5) A United States Department of Homeland Security Form I-589,
Application for Asylum and for Withholding of Removal.
   (6) An official school or college transcript that includes the
applicant's date of birth, or a foreign school record that is sealed
and includes a photograph of the applicant at the age the record was
issued.
   (7) A United States Department of Homeland Security Form I-20 or
Form DS-2019.
   (8) A deed or title to real property.
   (9) A property tax bill or statement issued within the previous 12
months.
   (10) An income tax return.
   (d) (1) A license issued pursuant to this section, including a
temporary license issued pursuant to Section 12506, shall include a
recognizable feature on the front of the card, such as the letters
"DP" instead of, and in the same font size as, the letters "DL," with
no other distinguishable feature.
   (2) The license shall bear the following notice: "This card is not
acceptable for official federal purposes. This license is issued
only as a license to drive a motor vehicle. It does not establish
eligibility for employment, voter registration, or public benefits."
   (3) The notice described in paragraph (2) shall be in lieu of the
notice provided in Section 12800.5.
   (e) If the United States Department of Homeland Security
determines a license issued pursuant to this section does not satisfy
the requirements of Section 37.71 of Title 6 of the Code of Federal
Regulations, adopted pursuant to paragraph (11) of subdivision (d) of
Section 202 of the Real ID Act of 2005 (Public Law 109-13), the
department shall modify the license only to the extent necessary to
satisfy the requirements of that section.
   (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 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) It shall be a violation of law, including, but not limited to,
a violation of the Unruh Civil Rights Act (Section 51 of the Civil
Code), to discriminate against an individual because he or she holds
or presents a license issued under this section.  Notwithstanding
the foregoing, any action taken by an employer to comply with any
requirement or prohibition under the federal Immigration and
Nationality Act (8 U.S.C. Sec. 1101) is not a violation of the Unruh
Civil Rights Act (Section 51 of the Civil Code). This section does
not conflict with the employment authorization verification
requirements of the Immigration and Nationality Act.  
   (i) A governmental authority, or agent of a governmental
authority, or person acting on behalf of a governmental authority,
shall not discriminate against an individual because he or she holds
or presents a license issued pursuant to this section.  

   (i) 
    (j)  Information collected pursuant to this section is
not a public record and shall not be disclosed by the department,
except as required by law. 
   (j) 
   (k)  A license issued pursuant to this section shall not
be used to consider an individual's citizenship or immigration status
as a basis for a criminal investigation, arrest, or detention.

   (k) 
    (l)  On or before January 1, 2018, the California
Research Bureau shall compile and submit to the Legislature and the
Governor a report of any violations of subdivisions (h) and 
(j)   (k)  . Information pertaining to any specific
individual shall not be provided in the report. 
   (l) 
    (m)  In addition to the fees required by Section 14900,
a person applying for an original license pursuant to this section
may be required to pay an additional fee determined by the department
that is sufficient to offset the reasonable administrative costs of
implementing the provisions of the act that added this section. If
this additional fee is assessed, it shall only apply until June 30,
2017. 
   (m) 
    (n)  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. 
   (n) 
    (o)  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.