BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 221| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 221 Author: Dababneh (D) Amended: 7/2/15 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 9-2, 6/30/15 AYES: Beall, Cannella, Allen, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski NOES: Bates, Gaines SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Bates, Nielsen ASSEMBLY FLOOR: 74-5, 6/3/15 - See last page for vote SUBJECT: Mobile application: drivers licenses and identification cards SOURCE: Author 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 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 (IDs). Existing state law: AB 221 Page 2 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 IDs 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. This bill 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. The study shall consider, at a minimum, information security, compliance with federal standards, and the limitations of available technology. 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 personal identification number in order to obtain access to their DDL 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. This 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. AB 221 Page 3 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. For these reasons, this bill directs the DMV to make considerations of security, federal compliance, and available technologies in their feasibility study. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, the DMV estimates one-time costs of approximately $300,000 for the feasibility study and report to the Legislature (Motor Vehicle Account), as well as major cost pressures, in the millions of dollars, to develop and implement a DDL app, to the extent DMV finds that it would be feasible (Motor Vehicle Account). SUPPORT: (Verified8/26/15) California Police Chiefs Association Inc. HID Global PayPal OPPOSITION: (Verified8/26/15) None received ARGUMENTS IN 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 AB 221 Page 4 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. ASSEMBLY FLOOR: 74-5, 6/3/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NOES: Bigelow, Beth Gaines, Harper, Kim, Maienschein NO VOTE RECORDED: Brough Prepared by:Randy Chinn / T. & H. / (916) 651-4121 8/31/15 8:32:22 **** END ****