BILL ANALYSIS �
AB 1660
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1660 (Alejo)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |50-17|(May 1, 2014) |SENATE: |27-3 |(August 26, |
| | | | | |2014) |
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Original Committee Reference: JUD.
SUMMARY : Clarifies privacy and non-discrimination rules under
existing law. Specifically, this bill :
1)Clarifies existing law that specified information provided to
obtain a driver's license is private and confidential, except
as specified, and adds findings and declarations of the
Legislature relative to the privacy of this information
pursuant to Proposition 59 of 2004.
2)Clarifies existing law prohibiting discrimination under the
Unruh Civil Rights Act against persons who hold or present a
driver's license, as specified.
3)Clarifies existing law prohibiting discrimination against
persons who hold or present a driver's license, as specified,
under the Fair Housing and Employment Act, including the
prohibition against national origin discrimination and the
closely related issue of differential treatment on the basis
of immigration status that may be presumed on the basis that
an individual possesses a particular driver's license.
4)Specifies that an action taken by an employer to comply with
any requirement under the federal Immigration and Nationality
Act is not a violation of law.
5)Clarifies the existing prohibition regarding governmental
discrimination against an individual because he or she holds
or presents a license, as specified.
The Senate amendments revise and clarify the public records and
anti-discrimination provisions.
FISCAL EFFECT : None
AB 1660
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COMMENTS : The author explains the purpose of the bill as
follows:
Last year, California made history by adopting AB 60
[(Alejo), Chapter 524, Statutes of 2013] - The Safe
and Responsible Drivers Act, giving immigrants the
opportunity to obtain a driver's license. The DMV
[Department of Motor Vehicles] is currently in the
process of implementing the bill and holding public
hearings to draft regulations. This year I am
introducing AB 1660 to make technical fixes to AB 60
and to ensure that all of those who are affected by
this legislation are protected under the law. AB 1660
clarifies that the anti-discrimination provisions of
AB 60 apply to individuals in both the public and
private sectors, and makes clear that state law is not
meant to usurp federal law requirements.
A coalition of agricultural employer groups writes in support of
the bill:
AB 60 will allow a person who cannot document lawful
presence in the United States to apply for a
California driver's license. To be compliant with the
federal Real ID Act of 2005, AB 60 included a
provision that will require a driver's license issued
under it to have a distinguishing feature. But AB 60
also contains a clause making it a violation of state
law to discriminate against a person for presenting an
AB 60 license. This anti-discrimination provision may
put employers in conflict with requirements under the
federal Immigration and Nationality Act. AB 1660
fixes this potential conflict by clarifying that an
employer does not violate California law by taking
action required by that federal law. Because it
offers employers certainty with regards to the
anti-discrimination provision in AB 60, we urge your
support of AB 1660.
Immigrants' rights organizations also support the privacy and
nondiscrimination provisions of the bill, stating, "AB 60 also
contains a clause making it a violation of state law for any
person to discriminate based on this differentiation. While
this anti-discrimination language serves many meritorious
AB 1660
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purposes, some employers raised questions about how it affects
their obligations under the federal Immigration and Nationality
Act. AB 1660 answers these questions by clarifying that an
employer does not violate California law by taking actions that
are required by federal law. We understand that this provision
will apply whenever federal law mandates that a particular
action be taken."
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0005514