BILL ANALYSIS Ó
SB 249
Page 1
SENATE THIRD READING
SB
249 (Hueso)
As Amended August 28, 2015
Majority vote
SENATE VOTE: 36-3
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Transportation |15-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, Chu, | |
| | |Daly, Dodd, Eduardo | |
| | |Garcia, Gomez, Kim, | |
| | |Linder, Medina, | |
| | |Melendez, Nazarian, | |
| | |O'Donnell | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |10-0 |Mark Stone, Weber, | |
| | |Wagner, Alejo, Chau, | |
| | |Chiu, Gallagher, | |
| | |Cristina Garcia, | |
| | |Maienschein, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
SB 249
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| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Nazarian, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Allows the Department of Motor Vehicles (DMV) to issue
enhanced driver's licenses (EDLs) that are acceptable at border
crossings as proof of identity and citizenship. Specifically,
this bill:
1)Makes findings and declarations regarding traffic congestion
at California/Mexico border crossings and the federal
government's endorsement of EDLs that allow for far faster
processing of border crossers.
2)Allows DMV to enter into a memorandum of understanding (MOU)
with a federal agency for the purposes of obtaining approval
for the issuance of an EDL, provisional license, or
identification card (all of these instruments, other than
EDLs, are hereafter referred to as "related documents") that
is acceptable as proof of identity and citizenship pursuant to
the Western Hemisphere Travel Initiative (WHTI). Requires
DMV, prior to entering into the MOU, to consult with the
appropriate interested parties relative to the issuance of
EDL's, as specified.
3)Allows DMV upon the request of an applicant, to issue an
initial EDL or related document, or renew any of these
documents, for a person who is 16 years of age or older and is
a resident of California and a citizen of the United States.
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4)Requires the applicant to: submit sufficient proof that meets
the requirements of the WHTI to establish his or her identity,
residency, and citizenship and certify under the penalty of
perjury that the information he or she has submitted is true
and correct to the best of his or her knowledge.
5)Requires DMV to inform an EDL applicant in writing that the
information stored on the EDL's radio frequency identification
(RFID) chip can be read remotely without the holder's
knowledge. Further requires that the applicant sign a
declaration acknowledging his or her understanding of RFID
technology.
6)Requires DMV to include in the EDL or related document
reasonable security measures to protect against unauthorized
disclosure of personal information regarding the person who is
the subject of the document.
7)Requires the EDL or related document to include RFID
technology which will contain, if agreed to by the United
States Department of Homeland Security, a randomly assigned
identification number and a machine readable zone or barcode
that can be electronically read by the cross border patrol.
8)Specifies that the EDL or related document shall not contain
any personal data, biometric information, or any number other
than the randomly assigned number and the information gathered
for the machine readable zone or barcode shall be limited to
the information required by the WHTI. Further specifies that
the EDL or related document shall include reasonable security
measures to protect the privacy of the EDL holder and if a
RFID technology is used, requires DMV to encrypt EDL stored
information, as specified.
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9)Allows an EDL to be suspended, revoked, or restricted as are
other driver's licenses under existing law.
10)Prohibits an employer from requiring an employee to apply for
or use and EDL or identification card as a condition of
employment and prohibits an employer from discharging or
discriminating against an employee who refuses to apply for or
use an EDL or identification card. Additionally permits a
person who received adverse action by an employer associated
with refusal to applying for an EDL to file a complaint with
the Division of Labor Standards within the Department of
Industrial Relations, as specified.
11)Requires an applicant applying for an initial EDL, or related
document, to have his or her photograph and signature captured
or reproduced by DMV at the time of application; requires DMV
to review and approve the appropriate documents, and limits
DMV's ability to provide an applicant's information to the
appropriate federal agencies, as specified.
12)Requires DMV to deny an application or renewal of an EDL, or
related document, if it does not satisfied certain
requirements as specified.
13)Requires DMV to retain copies or digital images of documents
provided by applicants for EDLs and related documents.
14)Requires DMV, after denying an application for an EDL or
related document, to retain the photograph of the applicant
and the reason for denial for not less than one year, unless
fraud is suspected, in which case the applicant's photograph
and the reason for denial must be retained for not less than
10 years.
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15)Requires DMV to set the application fee in an amount not to
exceed its regulatory cost of issuing or renewing an EDL or
$55, whichever is less. Further requires revenues to be
deposited into the Motor Vehicle Account (MVA), as specified,
and be used to implement the EDL program.
16)Requires DMV to submit an annual report to the following
committees: Assembly Transportation, Assembly Judiciary,
Senate Transportation and Housing, and Senate Judiciary. The
annual report will include data on (but not be limited to) the
number of EDL's and information cards issued, the effect on
wait times, traffic congestion at points of entry, and any
identified security or privacy breaches related to the use of
EDL's and identification cards.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)One-time upfront costs of around $4.4 million over several
fiscal years, if the DMV exercises the authority to develop
the EDL program. Start-up costs would include completing an
MOU with the Department of Homeland Security; establishing
secure, verifiable database connectivity; adopting regulations
to require documentation to prove citizenship, identity and
residency and the criteria for EDL denial. This would involve
significant information technology programming and purchase of
RFID readers and other equipment. [Motor Vehicle Account
(MVA)]
2)Ongoing costs of about $1.2 million to operate the program.
[MVA]
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3)Offsetting revenue for the above costs from EDL application
fees. If DMV sets the fee at the maximum $55, implementation
and ongoing costs would be funding by 2021-22. No revenue
would accrue until after DMV incurs most of the start-up
costs, however, thus the department would need to cover these
costs through borrowing from internal funds or from
programmatic efficiencies or reductions.
4)Unknown, likely absorbable costs to the Division of Labor
Standards Enforcement to investigate discrimination and
retaliation complaints against employers. [Labor Enforcement
Compliance Fund]
COMMENTS: Current state law does not allow DMV to implement a
process to issue EDL's to applicants within the state.
Travelers that currently cross the United States (U.S.)-Mexico
border must use other documentation to present proof of identify
such as a passport which has minimal impact on expediting a
traveler's processing time across the border. The author's
office states that the intent of this bill is to reduce travel
and processing times and strengthen security at border crossings
as a means of stimulating cross-border business activities.
According to the Department of U.S. Customs and Border
Protection (CBP), an EDL is "the standard document issued by a
state or (Canadian) province that has been enhanced in process,
technology and security to denote identity and citizenship for
purposes of entering into the United States at the land and sea
port of entry." CBP goes on to explain, "When the EDL is
presented by a United States or Canadian citizen traveler, no
other documentation is required for purposes of proving identity
and citizenship."
An EDL may be used in "ready lanes," which are vehicle lanes
operated by CBP at border crossings exclusively for travelers
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who possess RFID-enabled travel documents (which may also
include U.S. passport cards and so-called "trusted travel
documents"). These documents allow information contained in a
wireless device or "tag" to be read from a distance at ready
lanes, similar to those contained in car keys and employee
identifications. This technology eliminates the need to key-in
traveler information and translates into faster processing than
manual queries.
The author introduced this bill because DMV currently lacks the
authority to issue EDLs. The author notes this bill will
provide DMV with the authority to issue EDLs and eliminate the
need to manually key-in traveler's information at ports of entry
- resulting in faster processing times and a decrease in wait
times for cross-border traffic. Thus, with the ability to
expedite crossing the U.S.-Mexico border using "ready lanes" and
RFID technology, travelers may see the option of using an EDL as
a viable alternative to meet their traveling needs.
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN:
0001748