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(a) When requiring members of the public to provide identification, each City department shall accept as valid identification of the person a photo identification card issued by another country to its citizens or nationals, if the card meets the following requirements:
(i) The issuing country authorizes the use of the card as an alternative to a passport for re-entry into the issuing country; and
(ii) The card has a photograph of the person and the person's date of birth; and
(iii) The card meets standards established by the Director of the Department of Administrative Services ("Director") to ensure that (1) the applicant was required to provide reliable identifying information in order to obtain the card and (2) the card has features reasonably designed to protect against fraud and counterfeit reproduction.
(b) The Director shall compile and make readily available to City departments a list of the identification cards and the issuing countries that the Director has determined meet the requirements of this Section. Any City department and any member of the public may request the Director to review an identification card for compliance with the requirements of this Section.
(c) The Director may issue a waiver from the requirements of this Section based on security considerations.
(d) The requirements of this Section do not apply under circumstances where (1) a Federal or State statute, administrative regulation or directive, or court decision requires the City to obtain different identification, (2) a federal or State statute or administrative regulation or directive preempts local regulation of identification requirements, or (3) the City would be unable to comply with a condition imposed by funding source, which would cause the city to lose funds from that source.
(e) Nothing in this Section is intended to prohibit City departments from (1) asking for additional information from individuals in order to verify a current address or other facts that would enable the department to fulfill its responsibilities, except that this Subsection does not permit the department to require additional information in order to establish identification of the person, or (2) using fingerprints for identification purposes under circumstances where the department also requires fingerprints from persons who have a driver's license or State identification card.
(f) No City department is required to accept the identification required by this Section if it has reasonable grounds for determining that the identification card provided by an individual is counterfeit, altered, improperly issued to the card-holder, or otherwise not accurate identification.
(g) The head of each department shall issue appropriate notification and instruction to members of the department of the requirements of this Section. If any person believes that any officer or employee of the City has failed to comply with the requirements of this Section, the person may file a complaint with the Director. The Director shall investigate the complaint and shall report the findings to the appropriate department head. The Director shall make annual reports to the Board of Supervisors of the number of complaints received and the outcome of the investigations.
(h) Where there is a conflict between this Section and any provision of a City ordinance or implementing regulation in effect at the time that this Section is approved, the provisions of this Section shall prevail.
(i) In undertaking the adoption and enforcement of this ordinance, the City and County is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(j) If any part or provision of this Section, or the application thereof to any person or circumstance, is held invalid, the remainder of this Section, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Section are severable.
(Added by Ord. 21-02, File No. 012187, App. 2/22/2002)
(a) Definitions. For purposes of this Section 95.2, the following definitions apply.
"Agency" shall mean the Office of the County Clerk.
"City" shall mean the City and County of San Francisco.
"Director" shall mean the County Clerk or his or her designee.
"Entity That Receives City Funds" shall mean any recipient of a contract, grant agreement, or loan agreement from the City and County of San Francisco.
"Municipal Identification Card" shall mean an identification card issued by the City and County of San Francisco that shall display, including but not limited to, the cardholder's name, photograph, date of birth, and an expiration date. The card shall not identify the cardholder's gender.
"Resident" shall mean a person who can demonstrate that he or she has been present in the City for at least fifteen continuous days and who presents "proof of residency" as specified in Subsection (c)(1)(B).
(b) Issuance of Municipal Identification Cards. Upon request, the Agency shall issue a Municipal Identification Card to any Resident who meets the application requirements set forth below in subsection (c). The Card shall bear the seal of the City and the Director shall cause the Card to be produced in a form intended to thwart replication or counterfeit.
(1) To obtain a Municipal Identification Card, a Resident shall complete an application requiring proof of identity and proof of residence within the City. Upon receipt of the proof of identity and residency that this Section specifies, the Agency shall issue a Card to the applicant.
(A) Proof of Identity. In order to establish identity, each applicant must present either:
(i) One of the following documents containing both the applicant's photograph and date of birth; a U.S. or foreign passport; a U.S. driver's license; a U.S. state identification card; a U.S. Permanent Resident Card (commonly known as a "Green Card"); a consular identification ("CID") card; or a photo identification card issued by another country to its citizens or nationals that meets the requirements of San Francisco Administrative Code Section 95.1(a). Notwithstanding the above, where the applicant is aged thirteen or under, he or she may in the alternative present a certified copy of a U.S. or foreign birth certificate to establish identity under this subsection; or
(ii) Two of the following documents, provided that at least one form of identification shall display the applicant's photograph and date of birth: a national identification card with photo, name, address, date of birth, and expiration date; a foreign driver's license; a U.S. or foreign military identification card; a current visa issued by a government agency; a U.S. Individual Taxpayer Identification Number (ITIN) authorization letter, an identification card issued by a California educational institution, including elementary, middle, secondary, and post-secondary schools; a certified copy of a U.S. or foreign birth certificate; a Social Security card. Notwithstanding the above, where the applicant is aged thirteen or under, he or she may in the alternative present an official medical record and/or official school record to establish identity under this subsection, provided that at least one of the two forms of identification presented shall display the applicant's date of birth.
(B) Proof of Residency. In order to establish residency, each applicant must present one of the following items, provided that the item includes both the applicant's name and a residential address located within the City: a utility bill dated within the last thirty days; a written verification issued by a homeless shelter that receives City funding confirming at least fifteen days residency within the last thirty days; written verification issued by a hospital health clinic, or social services agency that receives City funding confirming at least fifteen days residency within the last thirty days; a local property tax statement or mortgage payment receipt dated within the last thirty days; a bank account statement dated within the last thirty days; proof of a minor currently enrolled in a City school; a current San Francisco Golf Resident Card; an employment pay stub dated within the last thirty days', a written ruling, order or notice from the Residential Rent Stabilization and Arbitration Board dated within the last thirty days", a jury summons or court order issued by a state or federal court dated within the last thirty days', a federal or state income tax or refund statement dated within the last thirty days; an insurance bill (homeowner's, renter's, health, life or automobile insurance) dated within the last thirty days. If a certified copy of a marriage certificate is presented at the time of application, an applicant may prove residency using documents bearing the name of his or her spouse.
The Director may by regulation provide that where an applicant aged thirteen or younger cannot produce any of the items set forth in this Subsection (c)(1)(B) in order to prove residency, a parent or legal guardian may verify the applicant's residency, provided that the parent or guardian himself or herself would be eligible for a Municipal Identification Card.
(C) The Director may by regulation provide for acceptance of additional forms of proof of identity and/or proof of residency, provided that the Director determines that such forms of proof are:
(i) issued by a governmental entity, or
(ii) issued by an entity that takes reasonable steps to verify the identity and/or residency of the individual to whom the item is issued, or
(iii) of a type that is normally accepted as proof of identity and/or proof of residency in the ordinary course of business.
(2) An application submitted on behalf of a minor must be completed by such minor's parent or legal guardian.
(3) The Agency shall keep confidential to the maximum extent permitted by applicable laws, the name and other identifying information of persons applying for and receiving Municipal Identification Cards. The Director shall cause the applications to be produced in a form that allows applicants to state their privacy preferences. The Agency shall not retain records of applicants' residential addresses.
(d) Implementation. The Director is authorized to adopt rules and regulations not inconsistent with this Section in order to implement and administer the issuance of Municipal Identification Cards. The Director shall consult with the Immigrant Rights Administrator, under the supervision of the City Administrator, and with other relevant departments in developing such rules and regulations. The Director shall require applicants to declare the information provided in their applications under penalty of perjury. The Immigrant Rights Administrator shall be responsible for coordinating with the Agency and other City Departments the promotion of the Cards and the development of multiple uses for the Cards.
(e) Fees. The Director shall charge an application fee of $15.00 per Card for adults and $5.00 per Card for minors and seniors who present proof of age in a form to be determined by the Director. Such fees shall not exceed the administrative costs reasonably associated with the production of the Cards. The Director shall by regulation provide for reduced application fees, up to and including complete waiver of the fee, for low-income applicants who present proof of income status in a form to be determined by the Director. Beginning with fiscal year 2014-15, the fees set in this section shall be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller.
(f) Acceptance by City Departments and Entities That Receive City Funds. When requiring members of the public to provide identification or proof of residency in the City, each City department and any Entity That Receives City Funds shall accept a Municipal Identification Card as valid identification and as valid proof of residency in the City, unless such City department or Entity has reasonable grounds for determining that the card is counterfeit, altered, or improperly issued to the card holder, or that the individual presenting the card is not the individual to whom it was issued.
Other than requiring the City and Entities That Receive City Funds to accept the Card as proof of identification and City residency, this Section is not intended to replace any other existing requirements for issuance of other forms of identification in connection with the administration of City benefits and services. The requirements of this Section do not apply under circumstances where (1) a Federal or State statute, administrative regulation or directive, or court decision requires the City or Entity That Receives City Funds to obtain different identification or proof of residence, (2) a Federal or State statute or administrative regulation or directive preempts local regulation of identification or residency requirements, or (3) the City or Entity That Receives City Funds would be unable to comply with a condition imposed by a funding source, which would cause the City or such Entity to lose funds from that source.
(g) City Undertaking Limited to Promotion of General Welfare. In undertaking the enforcement of this ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(h) Provisions of Ordinance Not Severable. The Board of Supervisors intends that all the provisions of this ordinance function as an interdependent whole. If a court rules that the City may not implement or enforce any provision of this ordinance, then all City officers and employees shall henceforth cease implementing and enforcing all provisions of this ordinance.
(Added by Ord. 274-07, File No. 071333, App. 11/28/2007; amended by Ord. 279-08, File No. 081376, App. 11/25/2008; Ord. 162-14, File No. 140590, App. 7/31/2014, Eff. 8/30/2014)