BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 249 (Hueso) - Vehicles: enhanced driver's license
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|Version: April 30, 2015 |Policy Vote: T. & H. 11 - 0, |
| | JUD. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 18, 2015 |Consultant: Mark McKenzie |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 249 would authorize the Department of Motor
Vehicles (DMV) to issue an enhanced driver's license,
instruction permit, provisional license, or identification card
(collectively referred to as an EDL) that is acceptable as proof
of identity, residency, and citizenship for purposes of
cross-border travel at United States land and sea ports of
entry.
Fiscal
Impact:
Initial DMV costs of approximately $4.37 million (Motor
Vehicle Account) over several fiscal years, to the extent the
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department implements a program to issue EDLs. These costs
must be incurred prior to collecting application fee revenues.
Ongoing DMV costs of approximately $641,000 in 2019-20, $1.28
million in 2021-22, and $1.22 million annually thereafter to
handle increased workload for Investigations and Privacy staff
and in field offices (Enhanced Driver's License and
Identification Subaccount, created by this bill).
Unknown revenue increases, beginning in 2019-20. If DMV set
the fee at the maximum of $55, staff estimates that
implementation and ongoing costs would be fully funded during
the 2021-2022 fiscal year. (Enhanced Driver's License and
Identification Subaccount).
Unknown workload costs to the Division of Labor Standards
Enforcement (DLSE) to handle any discrimination or retaliation
complaints against employers. (Labor Enforcement Compliance
Fund)
Background: Existing law authorizes the DMV to issue driver's licenses and
identification cards. In order to obtain a driver's license or
identification card, an individual must provide, among other
things, a social security number, verification of birth date and
legal presence in the U.S., and a thumb print. The DMV encodes
the individual's basic personal information in a magnetic strip
on the back card. Existing law, AB 60 (Alejo), Chap 524/2013,
requires DMV to issue a driver's license to an individual who is
unable to submit satisfactory proof of legal presence in the
U.S., if the applicant meets all other qualifications and
provides proof of identity and California residency. An AB 60
license is only valid for driving privileges.
The Western Hemisphere Travel Initiative (WHTI) was established
by the Department of State and Department of Homeland Security
(DHS) to implement legislation passed after the 9/11 attacks to
enhance security measures. By requiring all citizens of the
United States, Canada, Mexico, and Bermuda to have a passport or
other accepted document that establishes identity and
nationality to enter or depart the US, the WHTI is intended to
facilitate entry into the United States while also enhancing
border security. The WHTI requires proof of identity and
citizenship beginning in 2007 for air travel, and in 2009 when
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entering at a land or sea port of entry. In addition to a valid
passport and U.S. passport card, an EDL is a valid travel
document for purposes of the WHTI. An EDL must contain
technology that facilitates inspection at a border crossing,
such as Radio-Frequency Identification (RFID technology).
The U.S. Customs and Border Protection (border patrol) has
established "ready lanes" at some ports of entry, including
Calexico East, Otay Mesa, and San Ysidro on the
California-Mexico border, that are dedicated for travelers with
RFID-enabled travel documents such as EDLs. Frequent travelers
who hold EDLs can use these ready lanes to expedite the
inspection process. An EDL facilitates the verification process
because it includes a vicinity RFID chip that will signal a
secure system to pull up biographic data, a photo, and
terrorist/criminal background information as an EDL holder
approaches a border inspection booth. While the officer must
still conduct a visual inspection, and potentially interview the
driver, he or she does not have to take the time to collect
paper documents and key them in. Five states (Michigan,
Minnesota, New York, Vermont, and Washington), as well as
several Canadian provinces, are currently issuing EDLs. The
province of Quebec recently discontinued the issuance of EDLs,
citing low demand.
Proposed Law:
SB 249 would authorize DMV to issue EDLs that is acceptable as
proof of identity and citizenship pursuant to the WHTI.
Specifically, this bill would:
Authorize DMV to enter into a memorandum of
understanding (MOU) with a federal agency for purposes of
obtaining approval to issue EDLs.
Authorize DMV to issue an EDL to an applicant who is at
least 16 years of age, a resident of California, and a
citizen of the United States, and requires the applicant to
certify under penalty of perjury that the information is
valid, and to acknowledge understanding of RFID technology.
Require DMV to inform an applicant that a randomly
assigned RFID number can be read remotely without the
holder's knowledge if the EDL is not in a protective shield
or other tamper-resistant device.
Require DMV to include reasonable security measures in
the EDL to protect against unauthorized duplication or
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disclosure of the holder's personal information.
Require an EDL to include RFID technology that would
only contain a randomly assigned number, encrypted subject
to DHS approval, and a barcode or machine readable zone
that can be read by border patrol.
Prohibit an employer from requiring an employee to apply
for or use an EDL as a condition of employment or to
discharge, discriminate against, or retaliate against an
employee who refuses to apply for or use an EDL.
Authorize an employee subject to that treatment to file
a complaint with the Division of Labor Standards and
Employment against the employer within one year of the
violation.
Require an applicant for an EDL to allow DMV to capture
and reproduce his or her facial image and signature at the
time of application or renewal. These items would only be
available to border patrol or DHS.
Require DMV to examine and verify the genuineness,
regularity, and legality of an application and proof, and
authorize DMV to require submission of additional
information to establish identity, residency, and
citizenship.
Require DMV to deny an application for an EDL if it is
not satisfied with the genuineness, regularity, and
legality of the application and supporting documentation,
and authorizes an applicant to appeal the denial, as
specified.
Authorize DMV to establish a non-refundable fee of up to
$55 for application or renewal of an EDL, in addition to
other fees required by state law.
Require EDL fees to be deposited into the Enhanced
Driver's License and Identification Card Subaccount, a
special account established by the bill the Motor Vehicle
Account.
Require DMV to submit an annual report to the
Legislature that includes information on the number of EDLs
issued, the effect on wait times and traffic congestion at
border points of entry, and whether or not there have been
security or privacy breaches related to the use of EDLs.
Related
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Legislation: SB 397 (Hueso), introduced in the 2013-14 session,
would have authorized DMV to issue an enhanced driver's license,
instruction permit, provisional license, or identification card,
and was nearly identical to this bill. SB 397 was held on the
Assembly Appropriations Committee Suspense File in 2013.
Staff
Comments: DMV would incur substantial up-front costs of approximately
$4.37 million to implement an EDL program. It would be at least
several years before such a program could be fully implemented.
DMV would be required to enter into a comprehensive MOU with DHS
and establish secure database connectivity with multiple
entities to verify source documentation. In addition, DMV would
need to adopt regulations that include procedures for accepting
documents proving identity, residency, and citizenship,
prescribing an interview process, and establishing criteria for
approval or denial of an EDL, including an appeals process. DMV
also anticipates significant programming costs and equipment
purchases, such as RFID readers.
DMV anticipates there would be approximately 300,000 EDL
applicants over five years. The department would likely award a
new driver's license/ID card contract that includes EDLs in
2019, so issuance of EDLs would not commence until January 2020.
To minimize costs and impacts on field offices, DMV would
strategically select those that are expected to demonstrate high
demand for the new cards, including offices with high tourism
rates and those near the California-Mexico border. Since fee
revenues would not begin to come in until the program is
implemented in 2019-20, the initial $4.37 million in estimated
startup costs would be a cost to the Motor Vehicle Account,
which could be reimbursed over several years.
Staff notes that the State Department currently issues a
passport card that can be used to verify identity and
citizenship at border ports of entry, in compliance with the
WHTI. The application fee for a passport card is $55 and it is
valid for ten years.
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