BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 221|
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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:
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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.
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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
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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
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