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  ****