BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 221 Hearing Date: 6/30/2015
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|Author: |Dababneh |
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|Version: |6/1/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Christine Hochmuth |
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SUBJECT: Mobile application: driver's licenses and
identification cards
DIGEST: This bill requires the Department of Motor Vehicles
(DMV) to study, and report on, the feasibility of creating a
digital driver's license (DDL) application (app) for smartphone
use.
ANALYSIS:
Existing state law:
1)Requires a driver to carry their valid driver's license at all
times when driving a motor vehicle upon a highway.
2)Requires a motorist to present their license for examination
upon demand of a peace officer enforcing the Vehicle Code.
3)Authorizes DMV to issue identification cards (ID) and/or
driver's licenses to individuals provided they can satisfy
certain requirements. The IDs and driver's licenses must
display a full-face engraved picture or photograph of the
person to whom it was issued.
Existing federal law, the REAL ID Act of 2005, establishes
minimum standards for the production and issuance of
state-issued driver's licenses and identification cards.
This bill:
AB 221 (Dababneh) Page 2 of ?
Requires DMV to study the feasibility of creating a DDL app for
smartphone use and to report the results of the study to the
Legislature on or before December 1, 2016.
COMMENTS:
Purpose. This bill, as originally introduced, authorized DMV to
develop a mobile app where a person could access a digital copy
of their driver's license or ID. The cardholder would have been
required to apply to the DMV for a PIN in order to obtain access
to their digital driver's license or ID on the mobile app.
Subsequent amendments required DMV to conduct a pilot project to
test the effectiveness of utilizing best-practice standards for
the assessment of creating a digital mobile driver's license app
for smart phone use. The bill has since been tailored to its
current version, which requires the DMV to study and report the
feasibility of a DDL app. The author believes that this study
will help to determine the right path forward for future DDL
legislation.
DDLs. California is not the first state to consider going
digital for driver's licenses. In January 2015, the Delaware
Legislature adopted a resolution directing the Division of Motor
Vehicles to study and consider issuing optional DDLs for
Delaware motorists. The Iowa Department of Transportation
(IDOT) began working on a smart phone app last December, and
they will soon begin a small scale pilot program for IDOT
employees using state-issued smart phones to test a prototype
app.
Is it feasible? Circle yes or no. There are many
considerations in determining the feasibility of creating a DDL
app. How will privacy and security issues be handled? Who owns
the data? Who will be liable in the event of a security breach?
How will a DDL be handled when presented for identification
purposes? Will a DDL be in compliance with federal REAL ID Act
requirements? Which vendors should be considered to develop the
app? Many of these questions may be hard to answer in great
depth given that the current market for DDL app technology is
limited to one prototype from one major company. The directive
for DMV to report on the feasibility is vague; therefore, the
resulting report may be uninformative for directing future
policy.
AB 221 (Dababneh) Page 3 of ?
The authors will accept amendments to specify minimum
requirements that the report should contain.
"The study shall include, at a minimum, considerations of 1)
privacy; 2) compliance with federal standards; and 3) existing
technologies."
Support. Supporters tout recent innovations in technology as
the most practical solution to making agencies and departments
function more effectively and cost-efficiently. They claim the
development of mobile identification will be easier, more
convenient, and less time-consuming for the consumer. They also
contend that the digitization of one's driver's license will
help mitigate fraud and reign in identity theft by providing
additional protections not available with a static, physical
license.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 24, 2015.)
SUPPORT:
California Police Chiefs Association Inc.
HID Global
PayPal
OPPOSITION:
None received
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