BILL ANALYSIS Ó
AB 221
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GOVERNOR'S VETO
AB
221 (Dababneh)
As Enrolled September 11, 2015
2/3 vote
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|ASSEMBLY: |74-5 |(June 3, 2015) |SENATE: |28-12 |(September 8, |
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|ASSEMBLY: |74-4 |(September 9, | | | |
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Original Committee Reference: TRANS.
SUMMARY: Directs the Department of Motor Vehicles (DMV) to
study the feasibility of developing a digital mobile driver's
license (DDL) application for smartphone use, as specified.
The Senate amendments specify that the feasibility study is
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required to consider, at a minimum, the security of personal
information, compliance with federal standards, and the
limitations of available technology.
EXISTING LAW:
1)Authorizes DMV to issue a driver's license and/or an
identification card to a person, if certain requirements are
satisfied.
2)Requires a driver's license to provide specific information
including the licensee's true full name, age, mailing address,
a brief description, and an engraved picture of the licensee
for identification purposes.
3)Specifies an identification card is required to include an
engraved picture of the applicant and provide information to
adequately describe the applicant.
4)At the federal level, the Real ID Act of 2005 includes
provisions to improve the security or driver's licenses and
identification cards.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)DMV estimates one-time costs of approximately $300,000 for the
feasibility study and report to the Legislature. (Motor
Vehicle Account)
2)Major cost pressures, in the millions of dollars, to develop
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and implement a DDL application, to the extent DMV finds that
it would be feasible. (Motor Vehicle Account)
COMMENTS: In December of 2014, the Iowa Department of
Transportation (IDOT) announced they would be developing an
in-house pilot program (program) to test a smart phone
application that could display a person's driver's license in
digital form. The DDL program is designed to be carried out in
three phases including the application design phase, the IDOT
in-house testing phase, and ultimately, if feasible, full
implementation. IDOT is currently operating under the first
phase working with application developers, the Federal
Department of Homeland Security (DHS), and local law enforcement
to develop an application that can be effectively used but also
meet stringent security standards. IDOT representatives have
indicated phase two is anticipated to roll out in late 2015 and
will encompass a test group of in-house IDOT staff being
provided a smartphone with the DDL application. This test group
will then use the DDL for approximately six months as a
supplement to their original driver's license for specific
program purposes.
While several other states are considering the idea of a DDL
pilot program, Iowa is the only state that is presently in the
development phase of a mobile DDL application. As the first
state to experiment with this technology, the IDOT established
the program with an extended timeline to ensure that the
development and testing of the DDL application incorporates the
proper security features and to also address several
implementation concerns that have arisen since IDOT's DDL
announcement. These concerns surround how a mobile device will
be handled by law enforcement during a traffic stop, how
information will be stored on the application, and how the DDL
will comply with federal Real ID requirements. Being that IDOT
established the DDL pilot program under existing authority and
not through legislation, IDOT will have the flexibility to
extend the pilot program's timeline or cancel testing if the
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abovementioned implementation issues remain unresolved.
This bill will require DMV to conduct a study on the feasibility
of developing a DDL. This bill further requires DMV to report
their findings to the Legislature by December 1, 2016. The
author notes, "people use their smart phones every day to read
the news, shop online, and check their bank accounts. Using a
tool that people are familiar with, like a mobile application,
to store their primary means of identification will be a useful
option for Californians."
GOVERNOR'S VETO MESSAGE:
This bill requires the Department of Motor Vehicles to study the
feasibility of creating a "digital driver license" for
smartphones and report the results to the Legislature no later
than December 1, 2016.
While the idea of a digital license sounds innovative, it poses
numerous technical difficulties. Given the many new
responsibilities that the Department of Motor Vehicles is
already dealing with, I don't believe this bill is advisable.
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN:
0002511
AB 221
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