Amended in Senate August 22, 2014

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 insert Section 12926 of the Government Code and to amend end insert Sections begin delete 12801 end delete begin insert 1653.5, 12800.7, end insert 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 begin insert (DMV) end insert 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. begin delete Existing end delete

begin insert Existing end insert 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 delete 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 end delete additionally make it a violation of the begin insert California end insert Fair Housing and Employment Act begin insert (FEHA) for an employer or other covered entity end insert to discriminate against an individual because he or she holds or presents a driver’s license issued under these provisions begin insert or to require a person to present a driver’s license, except as specified end insert . begin insert The bill would making conforming changes to FEHA to specify that discrimination on the basis of national origin includes, but is not limited to, discrimination on the basis of possessing a driver’s license granted under these provisions. end insert The bill would begin insert also 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 delete The end delete

begin insert

Existing law also prohibits using a driver’s license issued under these provisions as a basis for a criminal investigation, arrest, or detention in circumstances where a person whose driver’s license was not issued under these provisions would not be criminally investigated, arrested, or detained.

end insert

begin insert This end insert bill would make begin delete additional conforming changes and would state findings and declarations of the Legislature relative to licenses issued under these provisions. end delete begin insert the prohibition against using a driver’s license issued under those provisions as a basis for an investigation, arrest, or detention apply to citations and also apply regardless of whether the investigation, arrest, citation, or detention is criminal. end insert

begin insert This bill would prohibit the DMV from disclosing to the public the information it obtains regarding the ineligibility of an applicant for a social security number, except as specified. The bill would provide that any document provided by an applicant to the DMV for purposes of proving his or her identity, true, full name, or California residency, or that the applicant’s presence in the United States is authorized under federal law, is not a public record. The bill would also make driver’s license information obtained by an employer exempt from disclosure under the California Public Records Act. end insert

begin insert

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert begin insert

This bill would make legislative findings to that effect.

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 delete

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. Notwithstanding subdivision (j) of
Section 12801.9, this affidavit 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). 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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 12926 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

12926.  

As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:

(a) “Affirmative relief” or “prospective relief” includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist
orders, posting of notices, training of personnel, testing, expunging
of records, reporting of records, and any other similar relief that
is intended to correct unlawful practices under this part.

(b) “Age” refers to the chronological age of any individual who
has reached his or her 40th birthday.

(c) “Employee” does not include any individual employed by
his or her parents, spouse, or child, or any individual employed
under a special license in a nonprofit sheltered workshop or
rehabilitation facility.

(d) “Employer” includes any person regularly employing five
or more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil subdivision
of the state, and cities, except as follows:

“Employer” does not include a religious association or
corporation not organized for private profit.

(e) “Employment agency” includes any person undertaking for
compensation to procure employees or opportunities to work.

(f) “Essential functions” means the fundamental job duties of
the employment position the individual with a disability holds or
desires. “Essential functions” does not include the marginal
functions of the position.

(1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:

(A) The function may be essential because the reason the
position exists is to perform that function.

(B) The function may be essential because of the limited number
of employees available among whom the performance of that job
function can be distributed.

(C) The function may be highly specialized, so that the
incumbent in the position is hired for his or her expertise or ability
to perform the particular function.

(2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:

(A) The employer’s judgment as to which functions are essential.

(B) Written job descriptions prepared before advertising or
interviewing applicants for the job.

(C) The amount of time spent on the job performing the function.

(D) The consequences of not requiring the incumbent to perform
the function.

(E) The terms of a collective bargaining agreement.

(F) The work experiences of past incumbents in the job.

(G) The current work experience of incumbents in similar jobs.

(g) (1) “Genetic information” means, with respect to any
individual, information about any of the following:

(A) The individual’s genetic tests.

(B) The genetic tests of family members of the individual.

(C) The manifestation of a disease or disorder in family members
of the individual.

(2) “Genetic information” includes any request for, or receipt
of, genetic services, or participation in clinical research that
includes genetic services, by an individual or any family member
of the individual.

(3) “Genetic information” does not include information about
the sex or age of any individual.

(h) “Labor organization” includes any organization that exists
and is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or of other mutual aid or
protection.

(i) “Medical condition” means either of the following:

(1) Any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer.

(2) Genetic characteristics. For purposes of this section, “genetic
characteristics” means either of the following:

(A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known
to be a cause of a disease or disorder in a person or his or her
offspring, or that is determined to be associated with a statistically
increased risk of development of a disease or disorder, and that is
presently not associated with any symptoms of any disease or
disorder.

(B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder.

(j) “Mental disability” includes, but is not limited to, all of the
following:

(1) Having any mental or psychological disorder or condition,
such as intellectual disability, organic brain syndrome, emotional
or mental illness, or specific learning disabilities, that limits a
major life activity. For purposes of this section:

(A) “Limits” shall be determined without regard to mitigating
measures, such as medications, assistive devices, or reasonable
accommodations, unless the mitigating measure itself limits a
major life activity.

(B) A mental or psychological disorder or condition limits a
major life activity if it makes the achievement of the major life
activity difficult.

(C) “Major life activities” shall be broadly construed and shall
include physical, mental, and social activities and working.

(2) Any other mental or psychological disorder or condition not
described in paragraph (1) that requires special education or related
services.

(3) Having a record or history of a mental or psychological
disorder or condition described in paragraph (1) or (2), which is
known to the employer or other entity covered by this part.

(4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any mental condition
that makes achievement of a major life activity difficult.

(5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental or
psychological disorder or condition that has no present disabling
effect, but that may become a mental disability as described in
paragraph (1) or (2).

“Mental disability” does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use of
controlled substances or other drugs.

(k) “Military and veteran status” means a member or veteran
of the United States Armed Forces, United States Armed Forces
Reserve, the United States National Guard, and the California
National Guard.

(l) “On the bases enumerated in this part” means or refers to
discrimination on the basis of one or more of the following: race,
religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital
status, sex, age, sexual orientation, or military and veteran status.

(m) “Physical disability” includes, but is not limited to, all of
the following:

(1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:

(A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense
organs, respiratory, including speech organs, cardiovascular,
reproductive, digestive, genitourinary, hemic and lymphatic, skin,
and endocrine.

(B) Limits a major life activity. For purposes of this section:

(i) “Limits” shall be determined without regard to mitigating
measures such as medications, assistive devices, prosthetics, or
reasonable accommodations, unless the mitigating measure itself
limits a major life activity.

(ii) A physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss limits a major life activity if it
makes the achievement of the major life activity difficult.

(iii) “Major life activities” shall be broadly construed and
includes physical, mental, and social activities and working.

(2) Any other health impairment not described in paragraph (1)
that requires special education or related services.

(3) Having a record or history of a disease, disorder, condition,
cosmetic disfigurement, anatomical loss, or health impairment
described in paragraph (1) or (2), which is known to the employer
or other entity covered by this part.

(4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any physical
condition that makes achievement of a major life activity difficult.

(5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become
a physical disability as described in paragraph (1) or (2).

(6) “Physical disability” does not include sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, or
psychoactive substance use disorders resulting from the current
unlawful use of controlled substances or other drugs.

(n) Notwithstanding subdivisions (j) and (m), if the definition
of “disability” used in the federal Americans with Disabilities Act
of 1990 (Public Law 101-336) would result in broader protection
of the civil rights of individuals with a mental disability or physical
disability, as defined in subdivision (j) or (m), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated
by reference into, and shall prevail over conflicting provisions of,
the definitions in subdivisions (j) and (m).

(o) “Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, sexual orientation, or military
and veteran status” includes a perception that the person has any
of those characteristics or that the person is associated with a
person who has, or is perceived to have, any of those
characteristics.

(p) “Reasonable accommodation” may include either of the
following:

(1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.

(2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals
with disabilities.

(q) “Religious creed,” “religion,” “religious observance,”
“religious belief,” and “creed” include all aspects of religious
belief, observance, and practice, including religious dress and
grooming practices. “Religious dress practice” shall be construed
broadly to include the wearing or carrying of religious clothing,
head or face coverings, jewelry, artifacts, and any other item that
is part of the observance by an individual of his or her religious
creed. “Religious grooming practice” shall be construed broadly
to include all forms of head, facial, and body hair that are part of
the observance by an individual of his or her religious creed.

(r) (1) “Sex” includes, but is not limited to, the following:

(A) Pregnancy or medical conditions related to pregnancy.

(B) Childbirth or medical conditions related to childbirth.

(C) Breastfeeding or medical conditions related to breastfeeding.

(2) “Sex” also includes, but is not limited to, a person’s gender.
“Gender” means sex, and includes a person’s gender identity and
gender expression. “Gender expression” means a person’s
gender-related appearance and behavior whether or not
stereotypically associated with the person’s assigned sex at birth.

(s) “Sexual orientation” means heterosexuality, homosexuality,
and bisexuality.

(t) “Supervisor” means any individual having the authority, in
the interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in
connection with the foregoing, the exercise of that authority is not
of a merely routine or clerical nature, but requires the use of
independent judgment.

(u) “Undue hardship” means an action requiring significant
difficulty or expense, when considered in light of the following
factors:

(1) The nature and cost of the accommodation needed.

(2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of
persons employed at the facility, and the effect on expenses and
resources or the impact otherwise of these accommodations upon
the operation of the facility.

(3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.

(4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.

(5) The geographic separateness or administrative or fiscal
relationship of the facility or facilities.

begin insert

(v) “National origin” discrimination includes, but is not limited
to, discrimination on the basis of possessing a driver’s license
granted under Section 12801.9 of the Vehicle Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1653.5 of the end insert begin insert Vehicle Code end insert begin insert , as added by
Section 4 of Chapter 524 of the Statutes of 2013, is amended to
read: end insert

1653.5.  

(a) Each form prescribed by the department for use
by an applicant for the issuance or renewal by the department of
a driver’s license or identification card pursuant to Division 6
(commencing with Section 12500) shall contain a section for the
applicant’s social security account number.

(b) Each form prescribed by the department for use by an
applicant for the issuance, renewal, or transfer of the registration
or certificate of title to a vehicle shall contain a section for the
applicant’s driver’s license or identification card number.

(c) Except as provided in Section 12801, a person who submits
to the department a form that, pursuant to subdivision (a), contains
a section for the applicant’s social security account number, or
pursuant to subdivision (b), the applicant’s driver’s license or
identification card number, if any, shall furnish the appropriate
number in the space provided.

(d) Except as provided in Section 12801, the department shall
not complete an application that does not include the applicant’s
social security account number or driver’s license or identification
card number as required under subdivision (c).

(e) An applicant’s social security account number shall not be
included by the department on a driver’s license, identification
card, registration, certificate of title, or any other document issued
by the department.

(f) Notwithstanding any other law, information regarding an
applicant’s social security account number, begin insert or ineligibility for a
social security number, end insert obtained by the department pursuant to
this section, is not a public record and shall not be disclosed by
the department except for any of the following purposes:

(1) Responding to a request for information from an agency
operating pursuant to, and carrying out the provisions of, Part A
begin delete (Aid to Families with Dependent Children), end delete begin insert (Block Grants to States
for Temporary Assistance for Needy Families), end insert or Part D (Child
Support and Establishment of Paternity), of Subchapter IV of
Chapter 7 of Title 42 of the United States Code.

(2) Implementation of Section 12419.10 of the Government
Code.

(3) Responding to information requests from the Franchise Tax
Board for the purpose of tax administration.

(g) 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.

(h) 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 12800.7 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

12800.7.  

begin insert (a) end insert begin insert   end insert Upon application for an original or duplicate
license the department may require the applicant to produce any
identification that it determines is necessary in order to ensure that
the name of the applicant stated in the application is his or her true,
full name and that his or her residence address as set forth in the
application is his or her true residence address.

begin insert

(b) Notwithstanding any other law, any document provided by
the applicant to the department for purposes of proving his or her
identity, true, full name, California residency, or that the
applicant’s presence in the United States is authorized under
federal law, is not a public record and may not be disclosed by
the department except when requested by a law enforcement agency
as part of an investigation.

end insert

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)  begin insert It shall be a violation of law to discriminate against a person
because he or she holds or presents a license issued under this
section, including, but not limited to, the following: end insert

(1) It is a violation of the Unruh Civil Rights Act (Section 51
of the Civil Code), for a business establishment to discriminate
against a person because he or she holds or presents a license issued
under this section.

(2)  begin insert (A) end insert begin insert   end insert 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 begin delete Code, end delete begin insert Code) end insert for an
employer or other covered person or entity begin insert , end insert pursuant to Section
12940 of the Government begin delete Code) end delete begin insert Code and subdivision (v) of
Section 12926 of the Government Code end insert , 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 begin delete necessary to
perform the duties of the position. end delete begin insert required by the employer and
the employer’s requirement is otherwise permitted by law. Nothing
in this section shall be construed to limit or expand an employer’s
authority to require a person to possess a driver’s license. end insert

begin delete

(3)

end delete

begin insert (B) end insert  Notwithstanding begin delete paragraph (2), end delete begin insert subparagraph (A), end insert 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.

begin insert

(3) It is a violation of Section 11135 of the Government Code
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 a license issued pursuant to this section.

end insert begin delete

(4)

end delete

begin insert (i) end insert  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.

begin delete

(i) It is a violation of Section 11135 of the Government Code
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 a license issued pursuant to this section.

end delete

(j) Information collected pursuant to this section begin delete 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 delete begin insert is not a public record end insert and shall not be
disclosed by the begin delete department or used for any purpose other than
processing a driver’s license application, except as required by
Section 1653.5. end delete begin insert department, except as required by law. end insert

(k) A begin delete driver’s end delete license issued pursuant to this section shall not
be used begin delete as evidence of the holder’s or presenter’s end delete begin insert to consider an
individual’s end insert citizenship or immigration status, begin delete and shall not be
used end delete as a basis for begin delete a criminal end delete begin insert an end insert investigation, arrest, begin delete 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 delete begin insert citation, or detention. 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.

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

The Legislature finds and declares that Section 2 of
this act, which amends Section 1653.5 of the Vehicle Code, Section
3 of this act, which amends Section 12800.7 of the Vehicle Code,
and Section 4 of this act, which amends Section 12801.9 of the
Vehicle Code, impose a limitation on the public’s right of access
to the meetings of public bodies or the writings of public officials
and agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:

end insert begin insert

Driver’s license information obtained by an employer and
information obtained by the Department of Motor Vehicles
regarding the ineligibility of a driver’s license applicant for a
social security number or for purposes of proving an applicant’s
identity, true, full name, California residency, or authorized
presence in the United States, should not be released to the public
because the information is sensitive in nature and similar driver’s
license information is exempt from disclosure under existing law.

end insert