Bill Text: CA SB244 | 2017-2018 | Regular Session | Introduced

California Senate Bill 244 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Privacy: personal information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-28 - Chaptered by Secretary of State. Chapter 885, Statutes of 2018. [SB244 Detail]

Download: California-2017-SB244-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 244

Introduced by Senator Lara

February 06, 2017

An act to add Chapter 2 (commencing with Section 1798.785) to Title 1.8 of Part 4 of Division 3 of the Civil Code, and to amend Sections 12800.7 and 12801.9 of the Vehicle Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

SB 244, as introduced, Lara. Privacy: agencies: personal information.

(1) The Information Practices Act of 1977 requires an agency to maintain in its records only that personal information, as defined, that is relevant and necessary to accomplish a purpose of the agency required or authorized by the California Constitution or statute or mandated by the federal government, as provided. The act defines “agency” for these purposes as every state office, officer, department, division, bureau, board, commission, or other state agency, but excluding the Legislature, judicial branch entities, the State Compensation Insurance Fund, except as provided, and local agencies.

This bill would require that personal information, as defined, and records containing personal information that are collected or obtained by the state, any state agency, or any subdivision of the state, including agents of the California State University and the California Community Colleges, as well as any private persons contracted to administer public services or programs, from an applicant for public services or programs only be collected, used, and retained for the purpose of assessing eligibility for and providing those public services and programs for which the application has been submitted. The bill would provide that personal information subject to these provisions is not a public record for purposes of the California Public Records Act and would prohibit disclosure of that personal information to any other person, except as provided.

By imposing new duties on local officials with respect to collecting, maintaining, and disclosing personal information, this bill would impose a state-mandated local program.

(2) Existing law requires that each application for an original or a renewal of a driver’s license contain specified information. Under existing 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 prohibits the department from disclosing this information except when requested by a law enforcement agency as part of an investigation.

This bill would instead prohibit the department from disclosing this information except in response to a warrant issued by a state or federal court in an individual criminal prosecution.

(3) 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. Under existing law, it is a violation of specified antidiscrimination provisions 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 these provisions.

This bill would specify that discrimination for these purposes includes notifying another law enforcement agency of the individual’s identity or that the individual carries a license issued under these provisions if a notification would not otherwise be provided.

Existing law specifies that information collected under this provision is not a public record and prohibits disclosure, except as required by law.

This bill would instead prohibit disclosure except in response to a warrant issued by a state or federal court in an individual criminal prosecution.

Existing law prohibits use of a driver’s license issued under these provisions to consider an individual’s citizenship or immigration status as a basis for an investigation, arrest, citation, or detention.

This bill would instead prohibit use of a driver’s license issued under these provisions as evidence of or a basis to infer an individual’s citizenship or immigration status as a basis for any purpose.

(4) 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.

(5) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Chapter 2 (commencing with Section 1798.785) is added to Title 1.8 of Part 4 of Division 3 of the Civil Code, to read:

CHAPTER 2. Applications for Public Services or Programs

1798.785.

(a) Notwithstanding any other law, personal information and records containing personal information that are collected or obtained by the state, any state agency, or any subdivision of the state, including agents of the California State University and the California Community Colleges, as well as any private persons contracted to administer public services or programs, from an applicant for public services or programs shall only be collected, used, and retained for the purpose of assessing eligibility for and providing those public services and programs for which the application has been submitted. Personal information subject to this section is not a public record for purposes of 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 other person, including, but not limited to, any other state or federal agency or official, except as follows:

(1) If disclosure is required to administer the requested public services or programs.

(2) If disclosure is otherwise required by law.

(3) If the disclosure is pursuant to a state or federal court order.

(4) If the disclosure is made as provided in subdivision (c) or (d).

(b) As used in this section, the following definitions shall apply:

(1) “Personal information” means any of the following:

(A) Name.

(B) Residential, business, or other address.

(D) Religion.

(E) Sex, sexual orientation, gender, and gender identity.

(F) Marital status.

(G) Age.

(H) Citizenship or immigration status.

(I) Social Security number, issued by the Social Security Administration, or individual taxpayer identification number, issued by the Internal Revenue Service.

(J) Records of criminal or juvenile arrests, convictions, or adjudications.

(K) Status as a victim of crime.

(L) Known or suspected political or organizational affiliations.

(M) Status as a recipient of public services or programs.

(N) Health information.

(O) Income, assets, and debt.

(P) Credit information of the applicant for public services or programs and any family members or other individuals whose names are provided in support of the application.

(2) “Applicant for public services or programs” means any person who applies for, receives, or uses any government service or benefit on his or her own behalf or on behalf of a dependent.

(3) “Public services or programs” includes, but is not limited to, veterans’ services, job training, education, financial aid, health care, unemployment benefits, income assistance, nutrition assistance, housing, counseling, law enforcement assistance, library access, identification cards, driver’s licenses, professional or business licenses, and court services that are provided by a state or local public entity.

(c) This section shall not prohibit the sharing of aggregate data, provided that any personal information is redacted or removed.

(d) This section shall not prohibit the sharing of personal information in response to a request from the applicant for public services or programs upon receipt of a signed consent form.

SEC. 2.

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.~~ in response to a warrant issued by a state or federal court in an individual criminal prosecution.

SEC. 3.

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 Department of 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.

(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 is 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. This section shall not be construed to limit or expand an employer’s authority to require a person to possess a driver’s license.

(B) Notwithstanding subparagraph (A), this section shall not 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.~~ section, including by notifying another law enforcement agency of the individual’s identity or that the individual carries a license issued under this section if a notification would not otherwise be provided.

(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.~~ in response to a warrant issued by a state or federal court in an individual criminal prosecution.

(k) A license issued pursuant to this section shall not be used ~~to consider~~ as evidence or a basis to infer an individual’s citizenship or immigration status ~~as a basis for an investigation, arrest, citation, or detention.~~ for any purpose.

(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. 4.

The Legislature finds and declares that Section 1 of this act, which adds Section 1798.785 of the Civil Code, imposes 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:

This act strikes an appropriate balance between the public’s right to access information about the conduct of their government agencies and the need to protect the personal information of private individuals who participate in public programs or receive public services.

SEC. 5.

The Legislature finds and declares that Section 1 of this act, which adds Section 1798.785 of the Civil Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

SEC. 6.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.