Amended in Assembly August 28, 2015

Amended in Assembly July 16, 2015

Amended in Senate April 30, 2015

Senate Bill No. 249

Introduced by Senator Hueso

February 18, 2015

An act to add Chapter 8 (commencing with Section 15400) to Division 6 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

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 travel within the western hemisphere pursuant to the federal Western Hemisphere Travel Initiative through the issuance of an enhanced driver’s license, begin delete instruction permit, end delete provisional license, or identification card. The bill would authorize the department to issue or renew, upon request, an enhanced driver’s license, begin delete instruction permit, end delete 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, begin delete instruction permit, end delete 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. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the department to provide a protective shield begin insert and to take other specified security measures end insert for the enhanced driver’s license, begin delete instruction permit, end delete provisional license, or identification card.

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, begin delete instruction permit, end delete provisional license, or identification card. The bill would authorize an employee who is discriminated or retaliated against by his or her employer because the employee has exercised his or her rights pursuant to those prohibitions to file a complaint with the Division of Labor Standards Enforcement, as specified. Because a violation of those employer prohibitions 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, begin delete instruction permit, end delete provisional license, and identification card. The bill would require a person applying for an enhanced driver’s license, begin delete instruction permit, end delete 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 begin delete license, permit, end delete begin insert license end insert or identification card, or $55, whichever is less, and to provide specified information to the applicant. The bill would begin delete 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. end delete begin insert require the fees to be deposited into the Motor Vehicle Account. end insert The bill would, upon appropriation by the Legislature, require begin delete the moneys in the subaccount end delete begin insert those fees end insert to be expended by the department in implementing the above provisions. The bill would prohibit specified information submitted by an applicant for an enhanced driver’s license, begin delete instruction permit, end delete provisional license, or identification card from being disclosed by the department, as specified. The bill would make all laws related to the privacy or security of a driver’s license, begin delete instruction permit, end delete provisional license, or identification document, or a similar document, or regulating the use, access or sharing of information, applicable to enhanced driver’s licenses, begin delete instruction permits, end delete provisional licenses, and identification cards.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Each year, more than 45,000,000 personal vehicle passengers
and 15,000,000 pedestrians enter the state from Mexico.

(b) Border crossers have an economic impact on the state,
accounting annually for $4,005,000,000 in economic benefits and
67,000 jobs.

(c) Border wait times during peak hours average 120 minutes
on weekdays and even longer on weekends.

(d) More than 8,000,000 trips are lost due to congestion each
year in the San Ysidro Port of Entry, the busiest port of entry in
the world.

(e) In the San Diego region alone, this translates into a revenue
loss of nearly $1,003,000,000, 3,000,000 potential working hours,
35,000 jobs, and $42,000,000 in wages.

(f) It is estimated that border wait times will significantly
increase in the future and an additional 15 minutes in border wait
times will affect productivity in the binational border region by
an additional $1,000,000,000 in costs and a loss of 134,000 jobs.

(g) Because border wait times impede international travel, trade,
and commerce, the Legislature must act to protect California’s
jobs and economy.

(h) After the 9/11 attacks, the federal government enacted the
federal Western Hemisphere Travel Initiative (WHTI)(Public Law
110-53 and Public Law 108-458), to facilitate entry for United
States citizens and legitimate foreign visitors, while strengthening
United States border security, by requiring United States and
Canadian travelers to present a passport or other documents that
denote identity and citizenship when entering the United States.
The documentation requirements of the WHTI went into effect in
2007 for air travel into the United States and in 2009 for land and
sea travel.

(i) In addition to a passport and other documents, the federal
government approved, for cross-border travel, the use of an
enhanced driver’s license (EDL), which is a standard state-issued
driver’s license that has been enhanced in process, technology,
and security to denote identity and citizenship for purposes of
entering the United States at the land and sea ports of entry. An
EDL contains radio frequency identification (RFID) technology,
which allows information contained in a wireless device or tag to
be read from a distance, and eliminates the need to key in travelers,
translating into 60 percent faster processing than manual queries.

(j) Another advantage of an EDL is that it can be used in Ready
Lanes, which were created by the United States Customs and
Border Protection and are used as primary vehicle lanes dedicated
to travelers who possess RFID-enabled travel documents.

(k) The use of an EDL as an RFID-enabled travel document is
already in place in the States of Washington, New York, Michigan,
and Vermont.

(l) The use of EDLs in the state will open the way for the United
States Customs and Border Protection to convert more vehicle
lanes into Ready Lanes, which will decrease border wait times by
an average of 30 minutes and thus provide a significant, long-term
economic benefit to the state, while strengthening border security.

SEC. 2.  

Chapter 8 (commencing with Section 15400) is added
to Division 6 of the Vehicle Code, to read:

 

Chapter  8. Enhanced Driver’s License and Identification
Card

 

15400.  

The department may enter into a memorandum of
understanding with a federal agency for the purposes of obtaining
approval for the issuance of an enhanced driver’s license,
begin delete instruction permit, end delete provisional license, or identification card that
is acceptable as proof of identity and citizenship pursuant to the
federal Western Hemisphere Travel Initiative (Public Law 110-53
and Public Law 108-458). begin insert Prior to entering into any memorandum
of understanding, the department shall consult with appropriate
interested parties, including, but not limited to, business and
privacy groups, regarding the issues raised by implementation of
this chapter. end insert

15401.  

(a) Upon the request of an applicant, the department
may issue an initial enhanced driver’s license, begin delete instruction permit, end delete
provisional license, or identification card to, or renew the enhanced
driver’s license, begin delete instruction permit, end delete provisional license, or
identification card of, a person who satisfies all of the following:

(1) Is 16 years of age or older.

(2) Is a resident of this state.

(3) Is a citizen of the United States.

(b) (1) In addition to other information required pursuant to
Chapter 1 (commencing with Section 12500), the applicant shall
submit sufficient proof that meets the requirements of the federal
Western Hemisphere Travel Initiative (Public Law 110-53 and
Public Law 108-458) to establish his or her identity, residency,
and citizenship.

(2) The applicant shall certify, under the penalty of perjury, that
the information submitted pursuant to paragraph (1) is true and
correct to the best of the knowledge of the applicant.

(3) The department shall provide a protective shield at the time
the enhanced driver’s license, begin delete instruction permit, end delete provisional
license, or identification card is issued to the individual, and inform
the applicant in writing that the randomly assigned radio frequency
identification number can be read remotely without the holder’s
knowledge, if the enhanced driver’s license, begin delete instruction permit, end delete
provisional license, or identification card is not enclosed in the
protective shield.

(4) The applicant shall sign a declaration acknowledging his or
her understanding of radio frequency identification technology
and the purpose of the protective shield.

(c) The department shall include, in the enhanced driver’s
license, begin delete instruction permit, end delete provisional license, or identification
card, reasonable security measures, including tamper-resistant
features to prevent unauthorized duplication or cloning and to
protect against unauthorized disclosure of personal information
regarding the person who is the subject of the begin delete license, permit, end delete
begin insert license end insert or card.

(d) The enhanced driver’s license, begin delete instruction permit, end delete provisional
license, or identification card shall include both of the following:

(1) Radio frequency identification technology that will contain
only a randomly assigned number that shall be encrypted if agreed
to by the United States Department of Homeland Security, and
shall not contain any other personal data, biometric information,
or number other than the randomly assigned number. begin insert The enhanced
driver’s license, provisional license, or identification card shall
include reasonable security measures to protect the privacy of
California residents, including reasonable safeguards to protect
against unauthorized disclosure of data about California residents.
If the enhanced driver’s license, provisional license, or
identification card includes a radio frequency identification chip,
or similar technology, the department shall ensure that the
technology is encrypted or otherwise secure from unauthorized
data access. end insert

(2) A machine readable zone or barcode that can be
electronically read by the cross border patrol and contains only as
much information as is required by the federal Western Hemisphere
Travel Initiative (Public Law 110-53 and Public Law 108-458) to
permit a border crossing.

(e) An enhanced driver’s license may be suspended, revoked,
or restricted pursuant to this code.

(f) (1) An employer shall not require an employee to apply for,
or use, an enhanced driver’s license, begin delete instruction permit, end delete provisional
license, or identification card as a condition of employment.

(2) An employer shall not discharge an employee or otherwise
discriminate or retaliate against an employee who refuses to apply
for, or use, an enhanced driver’s license, begin delete instruction permit, end delete
provisional license, or identification card.

(3) An employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by
his or her employer because the employee has exercised his or her
rights as set forth in this subdivision may file a complaint with the
Division of Labor Standards Enforcement of the Department of
Industrial Relations pursuant to Section 98.7 of the Labor Code.

(4) Notwithstanding any time limitation in Section 98.7 of the
Labor Code, an employee may file a complaint with the Division
of Labor Standards Enforcement of the Department of Industrial
Relations based upon a violation of this subdivision within one
year from the date of occurrence of the violation.

15402.  

(a) An applicant applying for an initial enhanced
driver’s license, begin delete instruction permit, end delete provisional license, or
identification card, begin delete or renewing an enhanced driver’s license,
instruction permit, provisional license, or identification card, end delete shall
have his or her photograph and signature captured or reproduced
by the department at the time of begin delete application or renewal. end delete begin insert application. end insert

(b) The photograph and signature shall only be available to the
United States Customs and Border Protection database or as
required by the United States Department of Homeland Security
for purposes of facilitating the purpose of the federal Western
Hemisphere Travel Initiative (Public Law 110-53 and Public Law
108-458).

(c) Except as provided in subdivision (b), the department shall
not disclose the person’s photograph or signature, or copies of a
digital image of any document required pursuant to this chapter.
All laws related to the privacy or security of a driver’s license,
begin delete instruction permit, end delete provisional license, or identification document,
or a similar document, or regulating the use, access, or sharing of
information, apply to enhanced driver’s licenses, begin delete instruction
permits, end delete provisional licenses, and identification cards.

(d) (1) The department shall examine and verify the
genuineness, regularity, and legality of an application and proof
submitted to the department for an initial issuance begin delete or renewal end delete of
an enhanced driver’s license, begin delete instruction permit, end delete provisional license,
or identification card.

(2) The department may require the submission of additional
information to establish identity, residency, and citizenship.

(3) The department shall deny an application begin delete or renewal end delete of an
enhanced driver’s license, begin delete instruction permit, end delete provisional license,
or identification card if the department is not satisfied with the
genuineness, regularity, and legality of the application or
supporting documentation or the truth of any statement contained
in the application or supporting documentation, or for any other
reason authorized by law.

begin delete

(4) An applicant may, pursuant to Article 3 (commencing with
Section 14100) of Chapter 3, appeal the department’s denial of an
application for the issuance or renewal of an enhanced driver’s
license, instruction permit, provisional license, or identification
card.

end delete

(e) The department shall retain copies or digital images of
documents provided by the person pursuant to this chapter.

(f) Notwithstanding subdivision (e), and except as required by
other law, in the case of the denial of an application for the issuance
begin delete or renewal end delete of an enhanced driver’s license, begin delete instruction permit, end delete
provisional license, or identification card, the department shall
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 shall be retained
for not less than 10 years.

(g) The photograph, signature, copies, and digital image of
documents required pursuant to this section are exempt from public
disclosure pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of
the Government Code).

(h) Except as required by federal law, information submitted
by an applicant pursuant to this chapter shall not be disclosed to
a foreign nation.

15403.  

(a) In addition to fees required pursuant to this division,
a person requesting the initial issuance or renewal of an enhanced
driver’s license, begin delete instruction permit, end delete provisional license, or
identification card shall submit an additional nonrefundable
application fee with the application. The department shall set, by
regulation, the application fee in an amount not to exceed the
reasonable regulatory cost of issuing or renewing that begin delete license,
permit, end delete begin insert license end insert or identification card, or fifty-five dollars ($55),
whichever is less.

(b) Fees submitted shall be deposited into the begin delete Enhanced Driver’s
License and Identification Card Subaccount established pursuant
to Section 15404. end delete begin insert Motor Vehicle Account, to be available, upon
appropriation by the Legislature, to implement this chapter. end insert

begin delete

15404.  

(a) There is hereby established the Enhanced Driver’s
License and Identification Card Subaccount in the Motor Vehicle
Account. Moneys in the subaccount shall, upon appropriation by
the Legislature, be expended by the department to implement this
chapter.

(b) Moneys in the subaccount, including any interest accrued,
shall remain in the subaccount at the end of each fiscal year.

(c) This chapter is not intended to conflict with any other state
or federal law.

end delete

begin delete 15405. end delete
begin insert 15404. end insert   

The department shall submit an annual report in
compliance with Section 9795 of the Government Code to the
Assembly and Senate Committees on Judiciary, the Senate
Committee on Transportation and Housing, and the Assembly
Committee on Transportation. The report shall include, but not be
limited to, information on the number of enhanced driver’s licenses,
begin delete instruction permits, end delete provisional licenses, and identification cards
issued, the effect on wait times and traffic congestion at points of
entry, and whether or not there have been any security or privacy
breaches related to the use of the enhanced driver’s licenses,
begin delete instruction permits, end delete provisional licenses, and identification cards.
begin insert Information from the federal government that is required to be
reported pursuant to this section need only be reported to the extent
the information is received from the federal government. end insert

SEC. 3.  

The Legislature finds and declares that Section 2 of
this act, which adds Section 15402 to the Vehicle Code, imposes
a limitation on the public’s right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes
the following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:

The need to protect individual privacy from the public disclosure
of private information submitted by an applicant for an enhanced
driver’s license, begin delete instruction permit, end delete provisional license, or
identification card outweighs the interest in the public disclosure
of that information.

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.