BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1660
Author: Alejo (D)
Amended: 4/24/14 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-1, 6/10/14
AYES: Jackson, Corbett, Lara, Leno, Monning, Vidak
NOES: Anderson
ASSEMBLY FLOOR : 50-17, 5/1/14 - See last page for vote
SUBJECT : Drivers licenses: nondiscrimination
SOURCE : Author
DIGEST : This bill provides that information provided in order
to obtain a driver's license 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 (CPRA), and makes it a violation of the Fair
Employment and Housing Act (FEHA) to discriminate against an
individual because he or she holds or presents a driver's
license issued under these provisions.
ANALYSIS : Existing law:
1. Requires an application for a California 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 of Motor Vehicles (DMV).
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2. Provides that 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.
3. Provides that 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. The submission of this
affidavit shall be accepted by the DMV in lieu of a social
security number, and this affidavit is not a public record.
4. The California Constitution, declares the people's right to
transparency in government. ("The people have the right of
access to information concerning the conduct of the people's
business, and therefore, the meetings of public bodies and
the writings of public officials and agencies shall be open
to public scrutiny?")
5. CPRA governs the disclosure of information collected and
maintained by public agencies. Generally, all public records
are accessible to the public upon request, unless the record
requested is exempt from public disclosure. There are 30
general categories of documents or information that are
exempt from disclosure, essentially due to the character of
the information, and unless it is shown that the public's
interest in disclosure outweighs the public's interest in
non-disclosure of the information, the exempt information may
be withheld by the public agency with custody of the
information.
6. Provides that except with respect to public records exempt
from disclosure by express provisions of law, each state or
local agency, upon a request for a copy of records that
reasonably describes an identifiable record or records, is
required to make the records promptly available to any person
upon payment of fees covering direct costs of duplication, or
a statutory fee if applicable.
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7. Requires the DMV 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 DMV of his
or her identity and California residency. The DMV is
required to accept various types of documentation for this
purpose.
8. Provides that discrimination against an individual, who is
unable to submit satisfactory proof that the applicant's
presence in the United States is authorized under federal law
but who has qualified for licensure and has received a
license issued by the DMV, because he or she holds or
presents that driver's license shall be a violation of law,
including, but not limited to, a violation of the Unruh Civil
Rights Act.
9. Provides that information collected by the DMV in connection
with the driver's license described above is not a public
record and shall not be disclosed by the DMV except as
required by law.
10.Prohibits the use of a driver's license to consider an
individual's citizenship or immigration status as a basis for
a criminal investigation, arrest, or detention.
This bill:
1.Clarifies that the driver's license applicant's affidavit
submitted in lieu of a social security number is private and
confidential, and is exempt from disclosure under CPRA.
Prohibits disclosure of the affidavit by the DMV and provides
that the affidavit shall be used only for the purpose of
processing a driver's license application.
2.Clarifies that it is a violation of the Unruh Civil Rights Act
for a business establishment to discriminate against that
person.
3.Makes it a violation of FEHA for an employer or other covered
person or entity to discriminate against a person because he
or she holds or presents the driver's license.
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4.Clarifies that these provisions do not alter an employer's
rights or obligations under federal law regarding obtaining
documentation evidencing identity and authorization for
employment, and an action taken by an employer that is
required under federal immigration law is not a violation.
5.Specifies that driver's license information obtained by an
employer shall be treated as private and confidential, is
exempt from disclosure under the CPRA, and shall not be
disclosed to any unauthorized person or used for any purpose
other than to establish identity and authorization to drive.
6.Makes it a violation for a state or local governmental
authority, agent, or person acting on behalf of a state or
local governmental authority, 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 the above driver's license.
7.Clarifies that information collected by the DMV for issuance
of a driver's license is private and confidential, and is
exempt from disclosure under the CPRA, and shall not be
disclosed by the DMV or used for any purpose other than
processing a driver's license application, except as required
for the issuance or renewal of a driver's license.
8.Clarifies that a driver's license 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 using the
alternative documentation previously described is not
criminally investigated, arrested, or detained.
Background
In response to the federal 9/11 Commission's recommendation that
federal standards be established for issuing driver's licenses
and other sources of identification, the federal REAL ID Act of
2005 was enacted to provide minimum security standards for the
issuance of sources of identification, including enhanced
security features on a driver's license or identification card
and a requirement for applicants to provide their social
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security number, birth certificate, and proof of legal presence
in the United States. The REAL ID Act prohibits federal
agencies from accepting documents for official purposes (i.e.,
boarding an airplane or entering a federal building) unless the
United States Department of Homeland Security (DHS) has
determined that the state meets the minimum standards. As of
December 20, 2013, 21 states and U.S. territories have met the
minimum standards required under the REAL ID Act, and 20 states,
including California, and territories have been granted an
extension for reaching full compliance. Twelve states and
territories are noncompliant.
Last year, AB 60 (Alejo, Chapter 524, Statutes of 2013)
authorized DMV 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 DMV, of his or her identity and
California residency. In addition, AB 60 prohibited, pursuant
to the Unruh Civil Rights Act, discrimination against an
individual who holds or presents that driver's license and
provided that the affidavit used to obtain that driver's license
is not a disclosable public record.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/11/14)
Agricultural Council of California
California Association of Nurseries and Garden Centers
California Association of Winegrape Growers
California Chamber of Commerce
California Cotton Ginners Association
California Cotton Growers Association
California Grain and Feed Association
California Grape and Tree Fruit League
California Landscape Contractors Association
California Seed Association
California State Floral Association
California Dry Bean Association
California Pear Growers Association
California Farm Bureau Federation
Coalition for Humane Immigrant Rights of Los Angeles
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Pacific Egg and Poultry Association
San Jose Silicon Valley Chamber of Commerce
Ventura County Agricultural Association
Western Agricultural Processors Association
Western Growers Association
ARGUMENTS IN SUPPORT : According to the author, "This bill
clarifies several aspects of AB 60 and adds language to protect
information collected during the AB 60 application process.
"AB 60 [(Alejo, Ch. 524, Stats. 2013)] allows non-citizens to
apply for a California driver's license. In order to comply
with federal law, under the Federal Real ID Act of 2005, AB 60
specifies that a driver's license issued to a non-citizen
applicant must have certain recognizable features. In order to
prevent and penalize discrimination, certain provisions were
added to AB 60 to make clear that discrimination based on the
recognizable feature is a violation of the Unruh Civil Rights
Act and other provisions of state law. Because the Unruh Civil
Rights Act only applies to private sector discrimination, it is
unclear whether the provisions of the bill extend to
discrimination by a public actor. AB 1660 clarifies that it
does.
"In addition, AB 1660 clarifies that a business who is in
compliance with federal law is not violating state
discrimination laws, and that information collected by the
[California Department of Motor Vehicles (DMV)] pursuant to the
application process is exempt from the California Public Records
Act and can only be used for the purposes of processing a
driver's license."
ASSEMBLY FLOOR : 50-17, 5/1/14
AYES: Achadjian, Alejo, Atkins, Bloom, Bocanegra, Bonilla,
Bonta, Bradford, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Roger
Hernández, Holden, Jones-Sawyer, Levine, Lowenthal, Medina,
Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel Pérez,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Skinner, Stone, Ting,
Weber, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Allen, Dahle, Donnelly, Beth Gaines, Grove, Hagman,
Harkey, Jones, Linder, Logue, Maienschein, Melendez, Nestande,
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Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Ammiano, Bigelow, Brown, Chávez, Conway, Fox,
Gorell, Hall, Mansoor, Olsen, Quirk-Silva, Salas, Vacancy
AL:nl 6/12/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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