(1) Existing law regulates various professions and vocations by various boards within the Department of Consumer Affairs. Existing law requires those boards, the State Bar of California, and the Department of Real Estate to require a licensee, at the time of issuance of a license, to provide specified information, including the licensee’s federal employer identification number, if the licensee is a partnership, or his or her social security number or individual taxpayer identification number. Existing law provides that the applicant’s federal employer identification number, social security number, or individual taxpayer identification number information is not a public record and is not open to the public for inspection.
This bill would revise this provision to provide that information is not open for
public inspection, is confidential, and shall not be disclosed, except as specified. The bill would require information submitted by an applicant to be collected, recorded, and used only for the purpose of determining eligibility for a license and administering the licensing program.
(2) Existing law provides for the collection of personally identifiable information by educational entities, including, but not limited to, local educational agencies, the California Community Colleges, the University of California, and the California State University, for the purposes of providing specified educational services and benefits.
This bill would establish that personal information collected or obtained pursuant to these provisions is confidential, and provide that this information would only be collected, used, and retained to administer the public services or programs for which that
information was collected or obtained. The bill 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.
(3) Existing law establishes several education programs to promote and fund the education of health professionals. Existing law prohibits these programs from denying an application based on the citizenship status or immigration status of the applicant.
This bill would provide that information about or submitted by applicants for these programs is exempt from disclosure under the California Public Records Act and is confidential, and would require that the information be used only as required to assess eligibility for, or to
administer, these programs, as specified.
(4) 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 the department is prohibited 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 subpoena for individual records in a state criminal proceeding or a court order.
(5) 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 is
not required by law or would not have been provided if the individual held a license that required satisfactory proof that his or her presence in the United States is authorized under federal law.
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 subpoena for individual records in a state criminal proceeding or a court order.
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 an individual’s citizenship or immigration
status for any purpose.
(6) Existing law authorizes the Department of Motor Vehicles to issue an identification card to any person attesting to the true full name, correct age, and other identifying data as certified by the applicant for the identification card. Existing law requires that the identification card resemble in appearance, so far as is practicable, a driver’s license issued pursuant to the Vehicle Code and adequately describe the applicant, bear his or her picture, and be produced in color or engraved by a process or processes that prohibit, as near as possible, the ability to alter or reproduce the identification card, or prohibit the ability to superimpose a picture or photograph on the identification card without ready detection.
This bill would provide that information or documents obtained by a city, county, or other local agency for the purpose of issuing a local identification card
may be used only for the purposes of administering the identification card program or policy. The bill would provide that this information is exempt from disclosure under the California Public Records Act and prohibit disclosure of that information, except as provided. The bill would declare that this provision addresses a matter of statewide concern and would apply to charter cities and charter counties.
(7) Existing law requires a family law court and a court hearing a probate guardianship matter, upon request from the juvenile court in any county, to provide to the court all available information the court deems necessary to make a determination regarding the best interest of the child, as specified. Existing law also requires the information to be released to a child protective services worker or a juvenile probation officer acting within the scope of his or her duties in that proceeding. Existing law provides that any information released
pursuant to these provisions that is confidential pursuant to any other law shall remain confidential.
This bill would require that all confidential information be used only for the purpose of serving the best interest of the child in juvenile court.
(8) Existing law requires youth service bureaus funded by specified provisions to maintain accurate and complete case records, reports, statistics, and other information necessary for the conduct of its programs.
This bill would require these youth service bureaus to collect, use, and retain individual client information and records only for the purpose of administering youth services. The bill would provide that client information and records are exempt from disclosure under the California Public Records Act, are confidential, and may not be disclosed
except as required to administer youth services or as required by law or court order.
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.
(9) Federal law, the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), provides that certain persons are not eligible for defined state and local public benefits unless a state law is enacted subsequent to the effective date of the act, August 22, 1996, that affirmatively provides for that eligibility. Existing law authorizes a city, county, city and county, or hospital district to provide aid, including health care, to persons who, but for the above-referred provision of the federal PRWORA, would meet the eligibility requirements for any program of that entity.
This bill would authorize a city, county, city and county, or hospital district to collect information for these purposes only as strictly required to assess eligibility for, or to administer, the public services or programs requested or used by the person seeking services, and exempt that information from disclosure under the California Public Records Act.
(10) 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.
(11) 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.
(12)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.
(12) This bill would incorporate additional changes to Section 30 of the Business and Professions Code proposed by SB 173 to be operative only if this bill and SB 173 are enacted and this bill is enacted last.
(13) This bill would incorporate additional changes to Section 68130.5 of the Education Code proposed by SB 68 to be operative only if this bill and SB 68 are enacted and this bill is enacted last.
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.