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SB-244 Privacy: agencies: personal information.(2017-2018)

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Date Published: 09/08/2017 01:36 PM
SB244:v91#DOCUMENT

Amended  IN  Assembly  September 08, 2017
Amended  IN  Assembly  September 05, 2017
Amended  IN  Assembly  July 13, 2017
Amended  IN  Assembly  July 10, 2017
Amended  IN  Assembly  July 05, 2017
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  May 03, 2017
Amended  IN  Senate  April 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 244


Introduced by Senator Lara

February 06, 2017


An act to amend Section 30 of the Business and Professions Code, to amend Sections 48204.1, 49073.1, 66021.6, 66021.7, 68130.5, 69508.5, 70036, and 99155 of the Education Code, to amend Section 128371 of the Health and Safety Code, to amend Sections 12800.7 and 12801.9 of, and to add Section 13005.1 to, the Vehicle Code, and to amend Sections 204 and 1905 of, and to add Section 17852 to, the Welfare and Institutions Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


SB 244, as amended, Lara. Privacy: agencies: personal information.
(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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 30 of the Business and Professions Code is amended to read:

30.
 (a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants.
(2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision.
(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) For the purposes of this section:
(1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate.
(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be open to the public for inspection, is confidential, and shall not be disclosed except as required to administer the licensing program, the requirements of this section, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying information.
(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivision (k).
(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles.
(m) The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellor’s office, as applicable, the following information with respect to every licensee:
(1) Name.
(2) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(3) Date of birth.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(n) The department shall make available information pursuant to subdivision (m) only to allow the chancellor’s office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o) The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p) The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q) All of the following apply to the licensure information made available pursuant to subdivision (m):
(1) It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2) It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3) Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4) It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5) It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r) The department or the chancellor’s office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.

SEC. 1.5.

 Section 30 of the Business and Professions Code is amended to read:

30.
 (a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants.
(2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision.
(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) For the purposes of this section:
(1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate.
(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed open to be a public record the public for inspection, is confidential, and shall not be open to the public for inspection. disclosed except as required to administer the licensing program, the requirements of this section, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying information.
(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivision (k).
(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles.
(m) The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellor’s office, as applicable, the following information with respect to every licensee:
(1) Name.
(2) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(3) Date of birth.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(n) The department shall make available information pursuant to subdivision (m) only to allow the chancellor’s office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o) The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p) The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q) All of the following apply to the licensure information made available pursuant to subdivision (m):
(1) It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2) It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3) Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4) It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5) It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r) The department or the chancellor’s office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
(s) This section shall remain in effect only until July 1, 2018, and as of that date is repealed.

SEC. 2.

 Section 48204.1 of the Education Code is amended to read:

48204.1.
 (a) A school district shall accept from the parent or legal guardian of a pupil reasonable evidence that the pupil meets the residency requirements for school attendance in the school district as set forth in Sections 48200 and 48204. Reasonable evidence of residency for a pupil living with his or her parent or legal guardian shall be established by documentation showing the name and address of the parent or legal guardian within the school district, including, but not limited to, any of the following documentation:
(1) Property tax payment receipts.
(2) Rental property contract, lease, or payment receipts.
(3) Utility service contract, statement, or payment receipts.
(4) Pay stubs.
(5) Voter registration.
(6) Correspondence from a government agency.
(7) Declaration of residency executed by the parent or legal guardian of a pupil.
(b) Nothing in this section shall be construed to require a parent or legal guardian of a pupil to show all of the items of documentation listed in paragraphs (1) to (7), inclusive, of subdivision (a).
(c) If an employee of a school district reasonably believes that the parent or legal guardian of a pupil has provided false or unreliable evidence of residency, the school district may make reasonable efforts to determine that the pupil actually meets the residency requirements set forth in Sections 48200 and 48204.
(d) Nothing in this section shall be construed as limiting access to pupil enrollment in a school district as otherwise provided by federal and state statutes and regulations. This includes immediate enrollment and attendance guaranteed to a homeless child or youth, as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2) et seq.), without any proof of residency or other documentation.
(e) Consistent with Section 11432(g) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), proof of residency of a parent within a school district shall not be required for an unaccompanied youth, as defined in Section 11434a(6) of Title 42 of the United States Code. A school district shall accept a declaration of residency executed by the unaccompanied youth in lieu of a declaration of residency executed by his or her parent or legal guardian.
(f) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, evidence provided by a parent or legal guardian of a pupil for the purpose of establishing residency pursuant to this section is confidential, shall be used only for the purpose of establishing that the pupil meets the residency requirements for school attendance in the school district as set forth in Sections 48200 and 48204, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the parent or legal guardian of the pupil, except as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.

SEC. 3.

 Section 49073.1 of the Education Code is amended to read:

49073.1.
 (a) A local educational agency may, pursuant to a policy adopted by its governing board or, in the case of a charter school, its governing body, enter into a contract with a third party for either or both of the following purposes:
(1) To provide services, including cloud-based services, for the digital storage, management, and retrieval of pupil records.
(2) To provide digital educational software that authorizes a third-party provider of digital educational software to access, store, and use pupil records in accordance with the contractual provisions listed in subdivision (b).
(b) A local educational agency that enters into a contract with a third party for purposes of subdivision (a) shall ensure the contract contains all of the following:
(1) A statement that pupil records continue to be the property of and under the control of the local educational agency.
(2) Notwithstanding paragraph (1), a description of the means by which pupils may retain possession and control of their own pupil-generated content, if applicable, including options by which a pupil may transfer pupil-generated content to a personal account.
(3) A prohibition against the third party using any information in the pupil record for any purpose other than those required or specifically permitted by the contract.
(4) A description of the procedures by which a parent, legal guardian, or eligible pupil may review personally identifiable information in the pupil’s records and correct erroneous information.
(5) A description of the actions the third party will take, including the designation and training of responsible individuals, to ensure the security and confidentiality of pupil records. Compliance with this requirement shall not, in itself, absolve the third party of liability in the event of an unauthorized disclosure of pupil records.
(6) A description of the procedures for notifying the affected parent, legal guardian, or eligible pupil in the event of an unauthorized disclosure of the pupil’s records.
(7) (A) A certification that a pupil’s records shall not be retained or available to the third party upon completion of the terms of the contract and a description of how that certification will be enforced.
(B) The requirements provided in subparagraph (A) shall not apply to pupil-generated content if the pupil chooses to establish or maintain an account with the third party for the purpose of storing that content pursuant to paragraph (2).
(8) A description of how the local educational agency and the third party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).
(9) A prohibition against the third party using personally identifiable information in pupil records to engage in targeted advertising.
(c) In addition to any other penalties, a contract that fails to comply with the requirements of this section shall be rendered void if, upon notice and a reasonable opportunity to cure, the noncompliant party fails to come into compliance and cure any defect. Written notice of noncompliance may be provided by any party to the contract. All parties subject to a contract voided under this subdivision shall return all pupil records in their possession to the local educational agency.
(d) For purposes of this section, the following terms have the following meanings:
(1) “Deidentified information” means information that cannot be used to identify an individual pupil.
(2) “Eligible pupil” means a pupil who has reached 18 years of age.
(3) “Local educational agency” includes school districts, county offices of education, and charter schools.
(4) “Pupil-generated content” means materials created by a pupil, including, but not limited to, essays, research reports, portfolios, creative writing, music or other audio files, photographs, and account information that enables ongoing ownership of pupil content. “Pupil-generated content” does not include pupil responses to a standardized assessment where pupil possession and control would jeopardize the validity and reliability of that assessment.
(5) (A) “Pupil records” means both of the following:
(i) Any information directly related to a pupil that is maintained by the local educational agency.
(ii) Any information acquired directly from the pupil through the use of instructional software or applications assigned to the pupil by a teacher or other local educational agency employee.
(B) “Pupil records” does not mean any of the following:
(i) Deidentified information, including aggregated deidentified information, used by the third party to improve educational products, for adaptive learning purposes, and for customizing pupil learning.
(ii) Deidentified information, including aggregated deidentified information, used to demonstrate the effectiveness of the operator’s products in the marketing of those products.
(iii) Deidentified information, including aggregated deidentified information, used for the development and improvement of educational sites, services, or applications.
(6) “Third party” refers to a provider of digital educational software or services, including cloud-based services, for the digital storage, management, and retrieval of pupil records.
(e) If the provisions of this section are in conflict with the terms of a contract in effect before January 1, 2015, the provisions of this section shall not apply to the local educational agency or the third party subject to that agreement until the expiration, amendment, or renewal of the agreement.
(f) Nothing in this section shall be construed to impose liability on a third party for content provided by any other third party.
(g) (1) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, pupil records pursuant to this section are confidential, shall be used only to administer services provided under the applicable contract entered into pursuant to this section, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the parent or legal guardian of the pupil, except as to administer services provided under the contract, or as otherwise required by California law or a state or federal court order.
(2) This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.
(3) This subdivision is binding upon local education agencies and third parties who enter into contracts under this section.

SEC. 4.

 Section 66021.6 of the Education Code is amended to read:

66021.6.
 (a) Notwithstanding any other law, and except as provided for in subdivision (b), the Trustees of the California State University and the Board of Governors of the California Community Colleges shall, and the Regents of the University of California are requested to, establish procedures and forms that enable persons who are exempt from paying nonresident tuition under Section 68130.5, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law. The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code.
(b) The number of financial aid awards received by California resident students from financial aid programs administered by the segments shall not be diminished as a result of the application of subdivision (a). The University of California is requested to comply with this subdivision.
(c) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, information provided by applicants for, or by recipients of, student aid programs to apply for, and participate in, all student aid programs administered by the segments pursuant to this section is confidential, shall be used only to administer these programs, and shall not be open to the public for inspection or disclosed without the written consent of the applicant or recipient of the aid, except as necessary to administer these programs, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.

SEC. 5.

 Section 66021.7 of the Education Code is amended to read:

66021.7.
 (a) Notwithstanding any other law, on and after January 1, 2012, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under Section 68130.5 shall be eligible to receive a scholarship that is derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student. The Legislature finds and declares that this section is a state law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.
(b) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, information provided by an applicant for, or by a recipient of, a scholarship pursuant to this section is confidential, shall be used only to administer the scholarship, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the applicant or recipient, except as necessary to administer the scholarship, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.

SEC. 6.

 Section 68130.5 of the Education Code, as amended by Section 1 of Chapter 675 of the Statutes of 2014, is amended to read:

68130.5.
 Notwithstanding any other law:
(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, who meets all of the following requirements shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges:
(1) Satisfaction of either of the following:
(A) High school attendance in California for three or more years.
(B) Attainment of credits earned in California from a California high school equivalent to three or more years of full-time high school coursework and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of those schools.
(2) Graduation from a California high school or attainment of the equivalent thereof.
(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year.
(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.
(b) A student exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.
(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.
(d) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, information obtained in the implementation of this section is confidential, shall be used only to administer tuition payments pursuant to this section, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the student, except as necessary to administer this section, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.

SEC. 6.5.

 Section 68130.5 of the Education Code, as amended by Section 1 of Chapter 675 of the Statutes of 2014, is amended to read:

68130.5.
 Notwithstanding any other law:
(a) A student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, who meets all of the following requirements shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges: Colleges if the student meets all of the following requirements:
(1) Satisfaction of either of the following: the requirements of either subparagraph (A) or subparagraph (B):
(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:

(A)

(i) High school attendance in California for three or more years. California high schools.
(ii) California high schools established by the State Board of Education.
(iii) California adult schools established by any of the following entities:
(I) A county office of education.
(II) A unified school district or high school district.
(III) The Department of Corrections and Rehabilitation.
(iv) Campuses of the California Community Colleges.
(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.
(B) Attainment of credits earned in California from a California high school equivalent to three Three or more years of full-time high school coursework coursework, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of those California elementary and secondary schools.
(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.
(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.
(2) Satisfaction of any of the following:

(2)

(A) Graduation from a California high school or attainment of the equivalent thereof.
(B) Attainment of an associate degree from a campus of the California Community Colleges.
(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.
(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year.
(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.
(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.
(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.
(d) Student Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, information obtained in the implementation of this section is confidential. confidential, shall be used only to administer tuition payments pursuant to this section, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the student, except as necessary to administer this section, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.

SEC. 7.

 Section 69508.5 of the Education Code is amended to read:

69508.5.
 (a) Notwithstanding any other law, and except as provided for in subdivision (c), a student who meets the requirements of subdivision (a) of Section 68130.5, or who meets equivalent requirements adopted by the Regents of the University of California, is eligible to apply for, and participate in, any student financial aid program administered by the State of California to the full extent permitted by federal law. The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code.
(b) Notwithstanding any other law, the Student Aid Commission shall establish procedures and forms that enable students who are exempt from paying nonresident tuition under Section 68130.5, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student financial aid programs administered by the State of California to the full extent permitted by federal law.
(c) A student who is exempt from paying nonresident tuition under Section 68130.5 shall not be eligible for Competitive Cal Grant A and B Awards unless funding remains available after all California students not exempt pursuant to Section 68130.5 have received Competitive Cal Grant A and B Awards for which they are eligible.
(d) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, information provided by an applicant for, or by a recipient of, a student financial aid program administered by the state is confidential, shall be used only to administer the program, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the applicant or recipient of the aid, except as necessary to administer the program, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.

SEC. 8.

 Section 70036 of the Education Code is amended to read:

70036.
 Each participating institution is responsible for all the following:
(a) The participating institution shall determine a student’s eligibility for a DREAM loan.
(b) The participating institution shall award DREAM loan funds to students.
(c) The participating institution shall provide entrance and exit loan counseling to borrowers that is generally comparable to that required by federal student loan programs.
(d) The participating institution shall service DREAM loans, collect DREAM loan repayments, and perform all of the due diligence required by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).
(e) The participating institution shall establish mechanisms for recording the annual amount of the DREAM loan borrowed by each recipient, and the aggregate amount of DREAM loans borrowed by each recipient, in order to comply with the annual and aggregate borrowing limits set forth in Section 70034.
(f) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, student information obtained through the application, receipt, or use of DREAM loans pursuant to this article is confidential, shall be used only to administer DREAM loans, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the student, except as necessary to administer DREAM loans, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.

SEC. 9.

 Section 99155 of the Education Code is amended to read:

99155.
 (a) A test sponsor shall provide alternative methods to verify the identity of those test subjects who are unable to provide the required identification for purposes of admitting a test subject to take a standardized test administered by the sponsor.
(b) A test sponsor shall clearly post on the test sponsor’s Internet Web site contact information for test subjects who are unable to provide the required identification and who need further assistance.
(c) Test sponsors may require test subjects to obtain approval from the test sponsor in advance of the test registration deadline in order to be admitted to the test with an alternative form of identification.
(d) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, information obtained from test subjects to verify identity is confidential, shall be used only to administer the tests, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the test subject, except as necessary to administer the tests, or as otherwise required by California law or a state or federal court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.

SEC. 10.

 Section 128371 of the Health and Safety Code is amended to read:

128371.
 (a) The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by those programs listed in subdivision (d), and therefore, enacts this section pursuant to Section 1621(d) of Title 8 of the United States Code.
(b) A program listed in subdivision (d) shall not deny an application based on the citizenship status or immigration status of the applicant.
(c) For any program listed in subdivision (d), when mandatory disclosure of a social security number is required, an applicant shall provide his or her social security number, if one has been issued, or an individual tax identification number that has been or will be submitted. Information about or provided by an applicant for a program listed in subdivision (d) 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 is confidential, and shall be used only as required to assess eligibility for, or to administer, the programs, and may not be disclosed for any other purpose without the written consent of the applicant, except as required by California law or pursuant to court order. This subdivision does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.
(d) This section shall apply to all of the following:
(1) Programs supported through the Health Professions Education Fund pursuant to Section 128355.
(2) The Registered Nurse Education Fund created pursuant to Section 128400.
(3) The Mental Health Practitioner Education Fund created pursuant to Section 128458.
(4) The Vocational Nurse Education Fund created pursuant to Section 128500.
(5) The Medically Underserved Account for Physicians created pursuant to Section 128555.
(6) Loan forgiveness and scholarship programs created pursuant to Section 5820 of the Welfare and Institutions Code.
(7) The Song-Brown Health Care Workforce Training Act created pursuant to Article 1 (commencing with Section 128200) of Chapter 4.
(8) To the extent permitted under federal law, the program administered by the office pursuant to the federal National Health Service Corps State Loan Repayment Program (42 U.S.C. Sec. 254q-1), commonly known as the California State Loan Repayment Program.
(9) The programs administered by the office pursuant to the Health Professions Career Opportunity Program (Section 127885), commonly known as the Mini Grants Program, and California’s Student/Resident Experiences and Rotations in Community Health, commonly known as the Cal-SEARCH program.

SEC. 11.

 Section 12800.7 of the Vehicle Code, as amended by Section 23 of Chapter 20 of the Statutes of 2017, is amended to read:

12800.7.
 (a) Upon application for an original, renewal, or duplicate of a driver’s 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 the applicant’s 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 in response to a subpoena for individual records in a state criminal proceeding or a court order.

SEC. 12.

 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.
(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 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, 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 is not required by law or would not have been provided if the individual held a license issued pursuant to Section 12801.
(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 in response to a subpoena for individual records in a state criminal proceeding or a court order.
(k) A license issued pursuant to this section shall not be used as evidence of an individual’s citizenship or immigration status 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. 13.

 Section 13005.1 is added to the Vehicle Code, to read:

13005.1.
 (a) Information or documents obtained by a city, county, or other local agency for the purpose of issuing a local identification card shall be used only for the purposes of administering the identification card program or policy. This information, including the name and address of any person who applies for or is issued a local identification card, 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), shall not be open to the public for inspection, and shall not be disclosed except as required to administer the program, or as otherwise required by California law, any local law governing the identification card program, or court order. This section does not prohibit the disclosure of aggregate data if it is disclosed in a manner that would prevent it from being used to determine the identities of the persons upon whom the data is based.
(b) The Legislature hereby finds and declares that protecting the privacy of the residents of this state is an important matter of statewide concern. This section shall therefore apply equally to all cities and counties in this state, including charter cities and charter counties.

SEC. 14.

 Section 204 of the Welfare and Institutions Code is amended to read:

204.
 Notwithstanding any other law, except law governing the retention and storage of data, a family law court and a court hearing a probate guardianship matter shall, upon request from the juvenile court in any county, provide to the court all available information the court deems necessary to make a determination regarding the best interest of a child, as described in Section 202, who is the subject of a proceeding before the juvenile court pursuant to this division. The information shall also be released to a child protective services worker or juvenile probation officer acting within the scope of his or her duties in that proceeding. Any information released pursuant to this section that is confidential pursuant to any other law shall remain confidential. All confidential information shall be used only for the purpose of serving the best interest of the child in juvenile court, and may not be released, except to the extent necessary to comply with this section. No records shared pursuant to this section may be disclosed to any party in a case unless the party requests the agency or court that originates the record to release these records and the request is granted. In counties that provide confidential family law mediation, or confidential dependency mediation, those mediations are not covered by this section.

SEC. 15.

 Section 1905 of the Welfare and Institutions Code is amended to read:

1905.
 (a) Each youth service bureau funded under this article shall maintain accurate and complete case records, reports, statistics, and other information necessary for the conduct of its programs; establish appropriate written policies and procedures to protect the confidentiality of individual client records; and submit monthly reports to the Division of Juvenile Justice concerning services and activities.
(b) Individual client information shall be collected, recorded, and used only for the purpose of administering youth services. Client information and records are 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), are confidential, and may not be disclosed except as required to administer youth services or as required by law or court order.

SEC. 16.

 Section 17852 is added to the Welfare and Institutions Code, to read:

17852.
 (a) A city, county, city and county, or hospital district may collect information for the purposes of this part only as required to assess eligibility for, or to administer, the public services or programs requested or used by the person seeking the services.
(b) All types of information, whether written or oral, concerning a person made or kept by any public officer or agency for the purpose of assessing eligibility for, or administering the services authorized by, this part are 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), are confidential, and may not be disclosed except as required to administer the services or as required by California law, or as required by a federal or state court order.
(c) This section shall not prohibit the sharing of data as long as it is disclosed in a manner that could not be used to determine the identities of the persons to whom the data pertains, alone, or in combination with other data.
(d) This section shall not prohibit the sharing of personal information when the subject of that information has provided signed, written consent allowing the information to be provided to the person requesting the information.

SEC. 17.

 The Legislature finds and declares that this act 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. 18.

 The Legislature finds and declares that Sections 1 to 6, inclusive, and Sections 13 and 15 of this act, which amend Section 30 of the Business and Professions Code, amend Sections 48204.1, 49073.1, 66021.6, 66021.7, and 68130.5 of the Education Code, add Section 13005.1 to the Vehicle Code, and amend Section 1905 of the Welfare and Institutions Code, respectively, further, 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:
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. 19.

 Section 1.5 of this bill incorporates amendments to Section 30 of the Business and Professions Code proposed by both this bill and Senate Bill 173. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 30 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 173, in which case Section 1 of this bill shall not become operative.

SEC. 20.

 Section 6.5 of this bill incorporates amendments to Section 68130.5 of the Education Code proposed by both this bill and Senate Bill 68. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 68130.5 of the Education Code, and (3) this bill is enacted after Senate Bill 68, in which case Section 6 of this bill shall not become operative.

SEC. 19. SEC. 21.

 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.