Amended in Assembly April 24, 2014

Amended in Assembly February 25, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1660

Introduced by Assembly Member Alejo

February 12, 2014

An act to amend begin delete Section end delete begin insert Sections 12801 and end insert 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 begin insert 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, end insert begin insert 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 end insert 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. begin insert The bill would make additional conforming changes and would state findings and declarations of the Legislature relative to licenses issued under these provisions. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert 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. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 12801 of the end insert begin insert Vehicle Code end insert begin insert , as added by Section
10 of Chapter 524 of the Statutes of 2013, is amended to read: end insert

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. begin delete This end delete begin insert Notwithstanding subdivision
(j) of Section 12801.9, this end insert affidavit is begin delete not a public record. end delete begin insert 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).
The affidavit shall not be disclosed by the department, and shall
be used only for the purpose of processing a driver’s license
application. end insert

(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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12801 of the end insert begin insert Vehicle Code end insert begin insert , as added by Section
11 of Chapter 524 of the Statutes of 2013, is amended to read: end insert

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.
begin insert 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. end insert

(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.

begin delete SECTION 1. end delete
begin insert SEC. 4. end insert   

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)  begin insert (1) end insert begin insert   end insert It begin delete shall be a violation of law, including, but not limited
to, end delete begin insert is end insert a violation of the Unruh Civil Rights Act (Section 51 of the
Civil Code), begin insert for a business establishment end insert to discriminate against
begin delete an individual end delete begin insert a person end insert because he or she holds or presents a license
issued under this section. begin delete 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. end delete

begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert

(i)  begin delete A end delete begin insert It is a violation of Section 11135 of the Government Code
for a state or local end insert governmental authority, begin delete or end delete agent begin delete of a
governmental authority end delete , or person acting on behalf of a begin insert state or
local end insert governmental authority, begin delete shall not end delete begin insert or a program or activity
that is funded directly or receives financial assistance from the
state to end insert 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 begin delete is not a public
record end delete begin insert 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), end insert and shall not be disclosed by the department
begin insert or used for any purpose other than processing a driver’s license
application end insert , except as required by begin delete law end delete begin insert Section 1653.5 end insert .

begin delete

(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.

end delete begin insert

(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.

end insert

(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.