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.