Bill Text: CA AB1660 | 2013-2014 | Regular Session | Chaptered
Bill Title: Driver's licenses: nondiscrimination.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 452, Statutes of 2014. [AB1660 Detail]
Download: California-2013-AB1660-Chaptered.html
BILL NUMBER: AB 1660 CHAPTERED
BILL TEXT
CHAPTER 452
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
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 12926 of the Government Code and to amend
Sections 1653.5, 12800.7, and 12801.9 of the Vehicle Code, relating
to driver's licenses.
LEGISLATIVE COUNSEL'S DIGEST
AB 1660, Alejo. Driver's licenses: nondiscrimination.
Existing law requires the Department of Motor Vehicles (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
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 additionally make it a violation of the California
Fair Housing and Employment Act (FEHA) for an employer or other
covered entity to discriminate against an individual because he or
she holds or presents a driver's license issued under these
provisions or to require a person to present a driver's license,
except as specified. 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. The
bill would also 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.
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.
This bill would make 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.
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.
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.
This bill would make legislative findings to that effect.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12926 of the Government Code is amended to
read:
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.
(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.
SEC. 2. Section 1653.5 of the Vehicle Code, as added by Section 4
of Chapter 524 of the Statutes of 2013, is amended to read:
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, or ineligibility for a
social security number, 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
(Block Grants to States for Temporary Assistance for Needy Families),
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.
SEC. 3. Section 12800.7 of the Vehicle Code is amended to read:
12800.7. (a) 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.
(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.
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) 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:
(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) (A) 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
and subdivision (v) of Section 12926 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 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.
(B) Notwithstanding subparagraph (A), 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.
(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.
(i) 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.
(j) Information collected pursuant to this section is not a public
record and shall not be disclosed by the department, except as
required by law.
(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 an investigation, arrest, citation, or detention.
(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.
SEC. 5. 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:
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.
