BILL NUMBER: AB 1660 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2014
AMENDED IN ASSEMBLY FEBRUARY 25, 2014
INTRODUCED BY Assembly Member Alejo
FEBRUARY 12, 2014
An act to amend Section Sections 12801 and
12801.9 of the Vehicle Code, relating to driver's licenses.
LEGISLATIVE COUNSEL'S DIGEST
AB 1660, as amended, 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 provide that information provided in order to
obtain a driver's license as described above is private and
confidential, shall not be disclosed by a government
entity or employer, as specified, and is not subject to
disclosure under the California Public Records Act. The bill would
additionally make it a violation of the Fair Housing and Employment
Act to discriminate against an individual because he or she holds or
presents a driver's license issued under these provisions. The 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 provide that an action taken by an employer to comply
with any requirement or prohibition under the federal Immigration and
Nationality Act is not a violation of law. The bill
would make additional conforming changes and would state
findings and declarations of the Legislature relative to licenses
issued under these provisions.
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. The Legislature finds and declares that
the identity of a person seeking a driver's license under Section
12801.9 of the Vehicle Code, and any information provided by an
applicant for a driver's license, should not be released to the
public or used for any other purpose because the information is
sensitive in nature and similar driver's license information is
exempt from disclosure under existing law.
SEC. 2. Section 12801 of the Vehicle
Code , as added by Section 10 of Chapter 524 of the
Statutes of 2013, is amended to read:
12801. (a) Except as provided in subdivisions (b) and (c) and
Section 12801.9, the department shall require an application for a
driver's license to contain the applicant's social security account
number and any other number or identifier determined to be
appropriate by the department.
(b) An applicant who provides satisfactory proof that his or her
presence in the United States is authorized under federal law, but
who is not eligible for a social security account number, is eligible
to receive an original driver's license if he or she meets all other
qualifications for licensure.
(c) (1) An applicant who is unable to provide satisfactory proof
that his or her presence in the United States is authorized under
federal law may sign an affidavit attesting that he or she is both
ineligible for a social security account number and unable to submit
satisfactory proof that his or her presence in the United States is
authorized under federal law. This
Notwithstanding subdivision (j) of Section 12801.9, this
affidavit is not a public record. private and
confidential, and is exempt from disclosure under the Cali
fornia Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code). The affidavit
shall not be disclosed by the department, and shall be used only for
the purpose of processing a driver's license application.
(2) The submission of this affidavit shall be accepted by the
department in lieu of a social security account number.
(3) This subdivision shall not apply to applications for a
commercial driver's license. The department shall require all
applications for a commercial driver's license to include the
applicant's social security account number.
(4) Nothing in this section shall be used to consider an
individual's citizenship or immigration status as a basis for a
criminal investigation, arrest, or detention.
(d) The department shall not complete an application for a driver'
s license unless the applicant is in compliance with the requirements
of subdivision (a), (b) or (c).
(e) Notwithstanding any other law, the social security account
number collected on a driver's license application shall not be
displayed on the driver's license including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.
(f) 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.
(g) 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.
SEC. 3. Section 12801 of the Vehicle
Code , as added by Section 11 of Chapter 524 of the
Statutes of 2013, is amended to read:
12801. (a) Notwithstanding any other law, the department shall
require an application for a driver's license to contain the
applicant's social security account number and any other number or
identifier determined to be appropriate by the department.
Notwithstanding subdivision (j) of Section 12801.9, the information
provided in the application is exempt from disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code). The
information in the application shall not be disclosed by the
department, and shall be used only for the purpose of processing a
driver's license application.
(b) Notwithstanding subdivision (a), an applicant who provides
satisfactory proof that his or her presence in the United States is
authorized under federal law, but who is not eligible for a social
security account number, is eligible to receive an original driver's
license if he or she meets all other qualifications for licensure.
(c) Notwithstanding any other law, the social security account
number collected on a driver's license application shall not be
displayed on the driver's license including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.
(d) This section shall become operative 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.
SECTION 1. SEC. 4. 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) (1) It shall be a violation of
law, including, but not limited to, is a
violation of the Unruh Civil Rights Act (Section 51 of the Civil
Code), for a business establishment to discriminate
against an individual a person 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 law. This section does not conflict with the employment
authorization verification requirements of the Immigration and
Nationality Act.
(2) It is a violation of the California Fair Employment and
Housing Act (Part 2.8 (commencing with Section 12900) of Division 3
of Title 2 of the Government Code, for an employer or other covered
person or entity pursuant to Section 12940 of the Government Code),
to discriminate against a person because the person holds or presents
a driver's license issued pursuant to this section, or for an
employer or other covered entity to require a person to present a
driver's license, unless possessing a driver's license is required by
law or is necessary to perform the duties of the position.
(3) Notwithstanding paragraph (2), nothing in this section shall
be construed to alter an employer's rights or obligations under
Section 1324a of Title 8 of the United States Code regarding
obtaining documentation evidencing identity and authorization for
employment. An action taken by an employer that is required by the
federal Immigration and Nationality Act (8 U.S.C. Sec. 1324a) is not
a violation of law.
(4) Driver's license information obtained by an employer shall be
treated as private and confidential, is exempt from disclosure under
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code), and
shall not be disclosed to any unauthorized person or used for any
purpose other than to establish identity and authorization to drive.
(i) A It is a violation of Section 11135
of the Government Code for a state or local governmental
authority, or agent of a governmental
authority , or person acting on behalf of a state or
local governmental authority, shall not
or a program or activity that is funded directly or receives
financial assistance from the state to discriminate against an
individual because he or she holds or presents a license issued
pursuant to this section.
(j) Information collected pursuant to this section is not
a public record by the department is private and
confidential, and is exempt from disclosure under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code), and shall not be
disclosed by the department or used for any purpose other than
processing a driver's license application , except
as required by law Section 1653.5 .
(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) A driver's license issued pursuant to this section shall not
be used as evidence of the holder's or presenter's citizenship or
immigration status, and shall not be used as a basis for a criminal
investigation, arrest, or detention in circumstances where a person
whose driver's license was not issued under this section would not be
criminally investigated, arrested, or detained.
(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 (k). Information
pertaining to any specific individual shall not be provided in the
report.
(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.
(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.
(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.