Amended in Senate May 28, 2013

Amended in Senate April 8, 2013

Senate Bill No. 397

Introduced by Senator Hueso

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(Coauthor: Senator Lara)

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February 20, 2013

An act to add Chapter 8 (commencing with Section 15400) to Division 6 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 397, as amended, Hueso. Vehicles: enhanced driver’s license.

Existing law requires the Department of Motor Vehicles, upon proper application, to issue driver’s licenses and identification cards.

The federal Western Hemisphere Travel Initiative facilitates travel within the western hemisphere by authorizing the use of enhanced driver’s licenses and identification cards meeting specified requirements as travel documents.

This bill would authorize the Department of Motor Vehicles to enter into a memorandum of understanding with a federal agency for the purpose of facilitating travels within the western hemisphere pursuant to the federal Western Hemisphere Travel Initiative through the issuance of an enhanced driver’s license, instruction permit, provisional license, or identification card. The bill would authorize the department to issue or renew, upon request, an enhanced driver’s license, instruction permit, provisional license, or identification card for specified persons. The bill would require a person applying for the initial issuance or renewal of an enhanced driver’s license, instruction permit, provisional license, or identification card to submit, under the penalty of perjury, additional proof of identity, residency, and citizenship that satisfies the requirements of the federal Western Hemisphere Travel Initiative. Because the knowledge of the submission of fraudulent information is a crime, the bill would create a new crime, thereby imposing a state-mandated local program. The bill would, except as specified, prohibit the disclosure of information submitted to the department. Because a violation of the Vehicle Code is a crime, this bill would impose a state-mandated local program.

The bill would prohibit an employer from requiring an employee to apply for, or use, an enhanced driver’s license or identification card as a condition of employment or to discriminate or otherwise retaliate against an employee who refuses to apply for, or use, an enhanced driver’s license or identification card. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

The bill would also require the department to submit an annual report to specified committees of the Legislature on the implementation of the enhanced driver’s license and identification card. The bill would require a person applying for an enhanced driver’s license, instruction permit, provisional license, or identification card to submit an additional application fee begin delete of $75 end delete . begin insert The bill would require the department to set, by regulation, the application fee in an amount not to exceed the reasonable regulatory cost of issuing or renewing the license, permit, or card, or $55, whichever is less. end insert The bill would establish the Enhanced Driver’s License and Identification Card Subaccount in the Motor Vehicle Account and would require the additional fee to be deposited into the subaccount. The bill would, upon appropriation by the Legislature, require the moneys in the subaccount to be expended by the department in implementing the above provisions.

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. State-mandated local program: yes.

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Each year, more than 45 million personal vehicle passengers
and 15 million pedestrians enter the state from Mexico.

(b) Border crossers have an economic impact on the state,
accounting annually for begin delete $4,000,500,000 end delete begin insert $4.05 billion end insert in economic
benefits and 67,000 jobs.

(c) Border wait times during peak hours average 120 minutes
on weekdays and even longer on weekends.

(d) More than eight million trips are lost due to congestion each
year in the San Ysidro Port of Entry, the busiest port of entry in
the world.

(e) In the San Diego region alone, this translates into a revenue
loss of nearly begin delete $1,000,300,000, end delete begin insert $1.03 billion, end insert three million potential
working hours, 35,000 jobs, and begin delete $42,000,000 end delete begin insert $42 million end insert in wages.

(f) It is estimated that border wait times will significantly
increase in the future and an additional 15 minutes in border wait
times will affect productivity in the binational border region by
an additional begin delete $1,000,000,000 end delete begin insert $1 billion end insert in costs and a loss of
134,000 jobs.

(g) Because border wait times impede international travel, trade,
and commerce, the Legislature must act to protect California’s
jobs and economy.

(h) After the 9/11 attacks, the federal government enacted the
federal Western Hemisphere Travel Initiative begin delete (WHTI; Public Law
110-53), end delete begin insert (WHTI)(Public Law 110-53 and Public Law 108-458), end insert
to facilitate entry for United States citizens and legitimate foreign
visitors, while strengthening United States border security, by
requiring United States and Canadian travelers to present a passport
or other documents that denote identity and citizenship when
entering the United States. The documentation requirements of
the WHTI went into effect in 2007 for air travel into the United
States and in 2009 for land and sea travel.

(i) In addition to a passport and other documents, the federal
government approved, for cross-border travel, the use of an
enhanced driver’s license (EDL), which is a standard state-issued
driver’s license that has been enhanced in process, technology,
and security to denote identity and citizenship for purposes of
entering the United States at the land and sea ports of entry. An
EDL contains radio frequency identification (RFID) technology,
which allows information contained in a wireless device or tag to
be read from a distance, and eliminates the need to key in travelers,
translating into 60 percent faster processing than manual queries.

(j) Another advantage of an EDL is that it can be used in Ready
Lanes, which were created by the United States Customs and
Border Protection and are used as primary vehicle lanes dedicated
to travelers who possess RFID-enabled travel documents.

(k) The use of an EDL as an RFID-enabled travel document is
already in place in the States of Washington, New York, Michigan,
and Vermont.

(l) The use of EDLs in the state will open the way for the United
States Customs and Border Protection to convert more vehicle
lanes into Ready Lanes, which will decrease border wait times by
an average of 30 minutes and thus provide a significant, long-term
economic benefit to the state, while strengthening border security.

SEC. 2.  

Chapter 8 (commencing with Section 15400) is added
to Division 6 of the Vehicle Code, to read:

 

Chapter  8. Enhanced Driver’s License and Identification
Card

 

15400.  

The department may enter into a memorandum of
understanding with a federal agency for the purposes of obtaining
approval for the issuance of an enhanced driver’s license,
instruction permit, provisional license, or identification card that
is acceptable as proof of identity and citizenship pursuant to the
federal Western Hemisphere Travel Initiative begin delete (Public Law 110-53) end delete
begin insert (Public Law 110-53 and Public Law 108-458) end insert .

15401.  

(a) Upon the request of an applicant, the department
may issue an initial enhanced driver’s license, instruction permit,
provisional license, or identification card to, or renew the enhanced
driver’s license, instruction permit, provisional license, or
identification card of, a person who satisfies all of the following:

(1) Is 16 years of age or older.

(2) Is a resident of this state.

(3) Is a citizen of the United States.

(b) (1) In addition to other information required pursuant to
Chapter 1 (commencing with Section 12500), the applicant shall
submit sufficient proof that meets the requirements of the federal
Western Hemisphere Travel Initiative begin delete (Public Law 110-53) end delete begin insert (Public
Law 110-53 and Public Law 108-458) end insert to establish his or her
identity, residency, and citizenship.

(2) The applicant shall certify, under the penalty of perjury, that
the information submitted pursuant to paragraph (1) is true and
correct to the best begin insert of the end insert knowledge of the applicant.

(3) The applicant shall sign a declaration acknowledging his or
her understanding of radio frequency identification technology.

(c) The department shall include, in the enhanced driver’s
license, instruction permit, provisional license, or identification
card, reasonable security measures, including tamper-resistant
features to prevent unauthorized duplication or cloning and to
protect against unauthorized disclosure of personal information
regarding the person who is the subject of the license, permit, or
card.

(d) The enhanced driver’s license, instruction permit, provisional
license, or identification card shall include both of the following:

(1) Radio frequency identification technology that will contain
only a randomly assigned number that shall be encrypted if agreed
to by the United States Department of Homeland Security, and
shall not contain any personal data, biometric information, or
number other than the randomly assigned number.

(2) A machine readable zone or barcode that can be
electronically read by the cross border patrol and contains only as
much information as is required by the federal Western Hemisphere
Travel Initiative begin delete (Public Law 110-53) end delete begin insert (Public Law 110-53 and
Public Law 108-459) end insert to permit a border crossing.

(e) An enhanced driver’s license may be suspended, revoked,
or restricted pursuant to this code.

(f) (1) An employer shall not require an employee to apply for,
or use, an enhanced driver’s license or identification card as a
condition of employment.

(2) An employer shall not discharge an employee or otherwise
discriminate or retaliate against an employee who refuses to apply
for, or use, an enhanced driver’s license or identification card.

15402.  

(a) An applicant applying for an initial enhanced
driver’s license, instruction permit, provisional license, or
identification card, or renewing an enhanced driver’s license,
instruction permit, provisional license, or identification card, shall
have his or her facial image and signature captured or reproduced
by the department at the time of application or renewal.

(b) The facial image and signature shall only be available to the
United States Customs and Border Protection database or as
required by the United States Department of Homeland Security
for purposes of facilitating the purpose of the federal Western
Hemisphere Travel Initiative begin delete (Public Law 110-53) end delete begin insert (Public Law
110-53 and Public Law 108-458) end insert .

(c) Except as provided in subdivision (b), the department shall
not disclose the person’s facial image or signature, or copies of a
digital image of any document required pursuant to this chapter.

(d) (1) The department shall examine and verify the
genuineness, regularity, and legality of an application and proof
submitted to the department for an initial issuance or renewal of
an enhanced driver’s license, instruction permit, provisional license,
or identification card.

(2) The department may require the submission of additional
information to establish identity, residency, and citizenship.

(3) The department shall deny an application or renewal of an
enhanced driver’s license, instruction permit, provisional license,
or identification card if the department is not satisfied with the
genuineness, regularity, and legality of the application or
supporting documentation or the truth of any statement contained
in the application or supporting documentation, or for any other
reason authorized by law.

(4) An applicant may, pursuant to Article 3 (commencing with
Section 14100) of Chapter 3, appeal the department’s denial of an
application for the issuance or renewal of an enhanced driver’s
license, instruction permit, provisional license, or identification
card.

(e) The department shall retain copies or digital images of
documents provided by the person pursuant to this chapter.

(f) Notwithstanding subdivision (e), and except as required by
other law, in the case of the denial of an application for the issuance
or renewal of an enhanced driver’s license, instruction permit,
provisional license, or identification card, the department shall
retain the facial image of the applicant and the reason for denial
for not less than one year, unless fraud is suspected, in which case
the applicant’s facial image and the reason for denial shall be
retained for not less than 10 years.

(g) The facial image, signature, copies, and digital image of
documents required pursuant to this section are exempt from public
disclosure pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of
the Government Code).

(h) Except as required by federal law, information submitted
by an applicant pursuant to this chapter shall not be disclosed to
a foreign nation.

15403.  

(a) In addition to fees required pursuant to this division,
a person requesting the initial issuance or renewal of an enhanced
driver’s license, instruction permit, provisional license, or
identification card shall submit an additional nonrefundable
application fee begin delete of seventy-five dollars ($75) end delete with the application.
begin insert The department shall set, by regulation, the application fee in an
amount not to exceed the reasonable regulatory cost of issuing or
renewing that license, permit, or identification card fifty-five
dollars ($55), whichever is less. end insert

(b) Fees submitted shall be deposited into the Enhanced Driver’s
License and Identification Card Subaccount established pursuant
to Section 15404.

15404.  

(a) There is hereby established the Enhanced Driver’s
License and Identification Card Subaccount in the Motor Vehicle
Account. Moneys in the subaccount shall, upon appropriation by
the Legislature, be expended by the department to implement this
chapter.

(b) Moneys in the subaccount, including any interest accrued,
shall remain in the subaccount at the end of each fiscal year.

15405.  

The department shall submit an annual report in
compliance with Section 9795 of the Government Code to the
Assembly and Senate Committees on Judiciary, the Senate
Committee on Transportation and Housing, and the Assembly
Committee on Transportation. The report shall include, but not be
limited to, information on the number of enhanced driver’s licenses
and identification cards issued, the effect on wait times and traffic
congestion at points of entry, and whether or not there have been
any security or privacy breaches related to the use of the enhanced
driver’s licenses and identification cards.

SEC. 3.  

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 will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.