Ricardo Lara
- Democratic
Author
(1) 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 ready detection. This bill would require that information or documents obtained by a city, county, or other local agency for the purpose of issuing a local identification card be used only for the purposes of administering the identification card program or policy. The bill would exempt the information 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. 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 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 criminal proceeding or a court order, or in response to a law enforcement request to address an urgent health or safety need, as specified. (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 a 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 specify that documents provided by applicants to prove identity or residency shall not be disclosed except in response to a subpoena for individual records in a criminal proceeding or pursuant to a court order, or in response to a law enforcement request to address an urgent health or safety need, as specified. 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. (4) 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 the state, a city, county, city and county, or hospital district, as specified, to collect information for these purposes only as strictly required to assess eligibility for, or to administer, public services or programs, and exempt that information from disclosure under the California Public Records Act, except as required by law or as required by a federal or state court order, or to the state or local public health officer to carry out the duties of investigation, control, surveillance of disease, as determined by the state or local public health agency. (5) 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. (6) 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. (7) 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.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 885, Statutes of 2018.
Enrolled and presented to the Governor at 5 p.m.
Read third time. Passed. Ordered to the Senate.
Read second time. Ordered to third reading.
Assembly Rule 63 suspended.
Assembly amendments concurred in. (Ayes 26. Noes 13. Page 6194.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
From committee: Do pass. (Ayes 6. Noes 2.) (August 30).
Joint Rule 62(a) suspended.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 3.) (August 28). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
Ordered to third reading.
Re-referred to Coms. on P. & C.P. and JUD. pursuant to Assembly Rule 77.2.
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
Read third time and amended.
Ordered to third reading.
From inactive file.
Notice of intention to remove from inactive file given by Assembly Member Chiu.
Ordered to inactive file on request of Assembly Member Calderon.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
Joint Rule 62(a) suspended.
From committee: Do pass as amended. (Ayes 11. Noes 5.) (September 1).
August 30 set for first hearing. Placed on APPR. suspense file.
August 23 hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (July 11).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
Read second time and amended. Re-referred to Com. on P. & C.P.
From committee: Do pass as amended and re-refer to Com. on P. & C.P. (Ayes 8. Noes 2.) (June 27).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 27. Noes 12. Page 1387.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
Published May 26 at 10 a.m.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1180.) (May 25).
Set for hearing May 25.
May 15 hearing: Placed on APPR. suspense file.
Set for hearing May 15.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 851.) (April 25).
Set for hearing April 25.
April 18 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 18.
From printer. May be acted upon on or after March 9.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB244 | HTML |
| 02/06/17 - Introduced | |
| 04/03/17 - Amended Senate | |
| 05/03/17 - Amended Senate | |
| 05/26/17 - Amended Senate | |
| 07/05/17 - Amended Assembly | |
| 07/10/17 - Amended Assembly | |
| 07/13/17 - Amended Assembly | |
| 09/05/17 - Amended Assembly | |
| 09/08/17 - Amended Assembly | |
| 08/24/18 - Amended Assembly | |
| 08/27/18 - Amended Assembly | |
| 09/07/18 - Enrolled | |
| 09/28/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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