SB 249, as amended, Hueso. Vehicles: enhanced driver’s license.
Existing law requires the Department of Motor Vehicles, upon proper application, to issue driver’s licenses and identification cards.
The federal Western Hemisphere Travel Initiative facilitates travel within the western hemisphere by authorizing the use of enhanced driver’s licenses and identification cards meeting specified requirements as travel documents.
This bill would authorize the Department of Motor Vehicles to enter into a memorandum of understanding with a federal agency for the purpose of facilitating
begin delete travelsend delete within the western hemisphere pursuant to the federal Western Hemisphere Travel
Initiative through the issuance of an enhanced driver’s license, instruction permit, provisional license, or identification card. The bill would authorize the department to issue or renew, upon request, an enhanced driver’s license, instruction permit, provisional license, or identification card for specified persons. The bill would require a person applying for the initial issuance or renewal of an enhanced driver’s license, instruction permit, provisional license, or identification card to submit, under the penalty of perjury, additional proof of identity, residency, and citizenship that satisfies the requirements of the federal Western Hemisphere Travel Initiative. begin delete Because the knowledge of the submission of fraudulent information is a crime, the bill would create a new crime, thereby imposing a state-mandated local program. The bill would, except as specified, prohibit the disclosure of information submitted to the department. Because a violation of the Vehicle Code is a crime, this bill would impose a state-mandated local program.end delete
The bill would prohibit an employer from requiring an employee to apply for, or use, an enhanced driver’s license or identification card as a condition of employment or to discriminate or otherwise retaliate against an employee who refuses to apply for, or use, an enhanced driver’s license or identification card. Because a violation of
begin delete this provisionend delete would be a crime, this bill would impose a state-mandated local program.
The bill would also require the department to submit an annual report to specified committees of the Legislature on the implementation of the enhanced driver’s license and identification card. The bill would require a person applying for an enhanced driver’s license, instruction permit, provisional license, or identification card to submit an additional application fee. The bill would require the department to set, by regulation, the application fee in an amount not to exceed the reasonable regulatory cost of issuing or renewing the license, permit, or identification card, or $55, whichever is less, and to provide specified information to the applicant. The bill would establish the Enhanced Driver’s License and Identification Card Subaccount in the Motor Vehicle Account and would require the additional fee to be deposited into the subaccount. The bill would, upon appropriation by the Legislature, require the moneys in the subaccount to be expended by the department in implementing the above provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) Each year, more than 45,000,000 personal vehicle passengers
4and 15,000,000 pedestrians enter the state from Mexico.
5(b) Border crossers have an economic impact on the state,
6accounting annually for $4,005,000,000 in economic benefits and
8(c) Border wait times during peak hours average 120 minutes
9on weekdays and even longer on weekends.
10(d) More than 8,000,000 trips are lost due to
11year in the San Ysidro Port of Entry, the busiest port of entry in
13(e) In the San Diego region alone, this translates into a revenue
14loss of nearly $1,003,000,000, 3,000,000 potential working hours,
1535,000 jobs, and $42,000,000 in wages.
16(f) It is estimated that border wait times will significantly
17increase in the future and an additional 15 minutes in border wait
18times will affect productivity in the binational border region by
19an additional $1,000,000,000 in costs and a loss of 134,000 jobs.
20(g) Because border wait times impede international travel, trade,
21and commerce, the Legislature must act to protect California’s
22jobs and economy.
23(h) After the 9/11 attacks, the federal government enacted the
24federal Western Hemisphere Travel Initiative (WHTI)(Public Law
25110-53 and Public Law 108-458), to facilitate entry for United
26States citizens and legitimate foreign visitors, while strengthening
27United States border security, by requiring United States and
P4 1Canadian travelers to present a passport or other documents that
2denote identity and citizenship when entering the United States.
3The documentation requirements of the WHTI went into effect in
42007 for air travel into the United States and in 2009 for land and
6(i) In addition to a passport and other documents, the federal
7government approved, for cross-border travel, the use of an
8enhanced driver’s license (EDL), which is a standard state-issued
9driver’s license that has been enhanced in process, technology,
10and security to denote identity and citizenship for purposes of
11entering the United States at the land and sea ports of entry. An
12EDL contains radio frequency identification (RFID) technology,
13which allows information contained in a wireless device or tag to
14be read from a distance, and eliminates the need to key in travelers,
15translating into 60 percent faster processing than manual queries.
16(j) Another advantage of an EDL is that it can be used in Ready
17Lanes, which were created by the United States Customs and
18Border Protection and are used as primary vehicle lanes dedicated
19to travelers who possess RFID-enabled travel documents.
20(k) The use of an EDL as an RFID-enabled travel document is
21already in place in the States of Washington, New York, Michigan,
23(l) The use of EDLs in the state will open the way for the United
24States Customs and Border Protection to convert more vehicle
25lanes into Ready Lanes, which will decrease border wait times by
26an average of 30 minutes and thus provide a significant, long-term
27economic benefit to the state, while strengthening border security.
Chapter 8 (commencing with Section 15400) is added
29to Division 6 of the Vehicle Code, to read:
The department may enter into a memorandum of
35understanding with a federal agency for the purposes of obtaining
36approval for the issuance of an enhanced driver’s license,
37instruction permit, provisional license, or identification card that
38is acceptable as proof of identity and citizenship pursuant to the
39federal Western Hemisphere Travel Initiative (Public Law 110-53
40and Public Law 108-458).
(a) Upon the request of an applicant, the department
2may issue an initial enhanced driver’s license, instruction permit,
3provisional license, or identification card to, or renew the enhanced
4driver’s license, instruction permit, provisional license, or
5identification card of, a person who satisfies all of the following:
6(1) Is 16 years of age or older.
7(2) Is a resident of this state.
8(3) Is a citizen of the United States.
9(b) (1) In addition to other information required
10Chapter 1 (commencing with Section 12500), the applicant shall
11submit sufficient proof that meets the requirements of the federal
12Western Hemisphere Travel Initiative (Public Law 110-53 and
13Public Law 108-458) to establish his or her identity, residency,
15(2) The applicant shall certify, under the penalty of perjury, that
16the information submitted pursuant to paragraph (1) is true and
17correct to the best of the knowledge of the applicant.
25 The applicant shall sign a declaration acknowledging his or
26her understanding of radio frequency identification technology.
27(c) The department shall include, in the enhanced driver’s
28license, instruction permit, provisional license, or identification
29card, reasonable security measures, including tamper-resistant
30features to prevent unauthorized duplication or cloning and to
31protect against unauthorized disclosure of personal information
32regarding the person who is the subject of the license, permit, or
34(d) The enhanced driver’s license, instruction permit, provisional
35license, or identification card shall include both of the following:
36(1) Radio frequency identification technology that will contain
37only a randomly assigned number that shall be encrypted if agreed
38to by the United States Department of Homeland Security, and
39shall not contain any other personal data, biometric information,
40or number other than the randomly assigned number.
P6 1(2) A machine readable zone or barcode that can be
2electronically read by the cross border patrol and contains only as
3much information as is required by the federal Western Hemisphere
4Travel Initiative (Public Law 110-53 and Public Law 108-458) to
5permit a border crossing.
6(e) An enhanced driver’s license may be suspended, revoked,
7or restricted pursuant to this code.
8(f) (1) An employer shall not require an employee to apply for,
9or use, an enhanced driver’s license or identification card as a
10condition of employment.
11(2) An employer shall not discharge an employee or otherwise
12discriminate or retaliate against an employee who refuses to apply
13for, or use, an enhanced driver’s license or identification card.
14(g) The department shall inform the applicant, either orally or
15in writing, that the randomly assigned radio frequency
16identification number can be read remotely without the holder's
17knowledge, especially if the enhanced driver's license, instruction
18permit, provisional license, or identification card is not enclosed
19in a protective shield or similar tamper-resistant device.
(a) An applicant applying for an initial enhanced
33driver’s license, instruction permit, provisional license, or
34identification card, or renewing an enhanced driver’s license,
35instruction permit, provisional license, or identification card, shall
36have his or her photograph and signature captured or reproduced
37by the department at the time of application or renewal.
38(b) The photograph and signature shall only be available to the
39United States Customs and Border Protection database or as
40required by the United States Department of Homeland Security
P7 1for purposes of facilitating the purpose of the federal Western
2Hemisphere Travel Initiative (Public Law 110-53 and Public Law
4(c) Except as provided in subdivision (b), the department shall
5not disclose the person’s photograph or signature, or copies of a
6digital image of any document required pursuant to this chapter.
7(d) (1) The department shall examine and verify the
8genuineness, regularity, and legality of an application and proof
9submitted to the department for an initial issuance or renewal of
10an enhanced driver’s license, instruction permit, provisional license,
11or identification card.
12(2) The department may require the submission of additional
13information to establish identity, residency, and citizenship.
14(3) The department shall deny an
application or renewal of an
15enhanced driver’s license, instruction permit, provisional license,
16or identification card if the department is not satisfied with the
17 genuineness, regularity, and legality of the application or
18supporting documentation or the truth of any statement contained
19in the application or supporting documentation, or for any other
20reason authorized by law.
21(4) An applicant may, pursuant to Article 3 (commencing with
22Section 14100) of Chapter 3, appeal the department’s denial of an
23application for the issuance or renewal of an enhanced driver’s
24license, instruction permit, provisional license, or identification
26(e) The department shall retain copies or digital images of
27documents provided by the person pursuant to this chapter.
28(f) Notwithstanding subdivision (e), and except as required by
29other law, in the case of the denial of an application for the issuance
30or renewal of an enhanced driver’s license, instruction permit,
31provisional license, or identification card, the department shall
32retain the photograph of the applicant and the reason for denial for
33not less than one year, unless fraud is suspected, in which case the
34applicant’s photograph and the reason for denial shall be retained
35for not less than 10 years.
36(g) The photograph, signature, copies, and digital image of
37documents required pursuant to this section are exempt from public
38disclosure pursuant to the California Public Records Act (Chapter
393.5 (commencing with Section 6250) of Division 7 of Title 1 of
40the Government Code).
P8 1(h) Except as required by federal law, information submitted
2by an applicant pursuant to this chapter shall not be disclosed to
3a foreign nation.
(a) In addition to fees required pursuant to this division,
5a person requesting the initial issuance or renewal of an enhanced
6driver’s license, instruction permit, provisional license, or
7identification card shall submit an additional nonrefundable
8application fee with the application. The department shall set, by
9regulation, the application fee in an amount not to exceed the
10reasonable regulatory cost of issuing or renewing that license,
11permit, or identification card, or fifty-five dollars ($55), whichever
13(b) Fees submitted shall be deposited into the Enhanced Driver’s
14License and Identification Card Subaccount established pursuant
15to Section 15404.
(a) There is hereby established the Enhanced Driver’s
17License and Identification Card Subaccount in the Motor Vehicle
18Account. Moneys in the subaccount shall, upon appropriation by
19the Legislature, be expended by the department to implement this
21(b) Moneys in the subaccount, including any interest accrued,
22shall remain in the subaccount at the end of each fiscal year.
23(c) This chapter is not intended to conflict with any other state
24or federal law.
The department shall submit an annual report in
26compliance with Section 9795 of the Government Code to the
27Assembly and Senate Committees on Judiciary, the Senate
28Committee on Transportation and Housing, and the Assembly
29Committee on Transportation. The report shall include, but not be
30limited to, information on the number of enhanced driver’s licenses
31and identification cards issued, the effect on wait times and traffic
32congestion at points of entry, and whether or not there have been
33any security or privacy breaches related to the use of the enhanced
34driver’s licenses and identification cards.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California