Amended in Assembly September 4, 2015

Amended in Assembly August 28, 2015

Amended in Assembly July 16, 2015

Amended in Senate April 30, 2015

Senate BillNo. 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, provisional license, or identification card. The bill would authorize the department to issue or renew, upon request, an enhanced driver’s license, 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, 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 and to take other specified security measures for the enhanced driver’s license, provisional license, or identification card.

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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, 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.

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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, provisional license, and identification card. The bill would require a person applying for an enhanced driver’s license, 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 or identification card, or $55, whichever is less, and to provide specified information to the applicant. The bill would require the fees to be deposited into the Motor Vehicle Account. The bill would, upon appropriation by the Legislature, require those fees 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, 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, provisional license, or identification document, or a similar document, or regulating the use, access or sharing of information, applicable to enhanced driver’s licenses, 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:

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

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
767,000 jobs.

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 congestion each
11year in the San Ysidro Port of Entry, the busiest port of entry in
12the world.

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 Initiativebegin delete (WHTI)(Publicend delete
25begin insert (WHTI) (Publicend insert Law 110-53 and Public Law 108-458), to facilitate
26entry for United States citizens and legitimate foreign visitors,
P4    1while strengthening United States border security, by requiring
2United States and Canadian travelers to present a passport or other
3documents that denote identity and citizenship when entering the
4United States. The documentation requirements of the WHTI went
5into effect in 2007 for air travel into the United States and in 2009
6for land and sea travel.

7(i) In addition to a passport and other documents, the federal
8government approved, for cross-border travel, the use of an
9enhanced driver’s license (EDL), which is a standard state-issued
10driver’s license that has been enhanced in process, technology,
11and security to denote identity and citizenship for purposes of
12entering the United States at the land and sea ports of entry. An
13EDL contains radio frequency identification (RFID) technology,
14which allows information contained in a wireless device or tag to
15be read from a distance, and eliminates the need to key in travelers,
16translating into 60 percent faster processing than manual queries.

17(j) Another advantage of an EDL is that it can be used in Ready
18Lanes, which were created by the United States Customs and
19Border Protection and are used as primary vehicle lanes dedicated
20to travelers who possess RFID-enabled travel documents.

21(k) The use of an EDL as an RFID-enabled travel document is
22already in place in the States of Washington, New York, Michigan,
23and Vermont.

24(l) The use of EDLs in the state will open the way for the United
25States Customs and Border Protection to convert more vehicle
26lanes into Ready Lanes, which will decrease border wait times by
27an average of 30 minutes and thus provide a significant, long-term
28economic benefit to the state, while strengthening border security.

29

SEC. 2.  

Chapter 8 (commencing with Section 15400) is added
30to Division 6 of the Vehicle Code, to read:

31 

32Chapter  8. Enhanced Driver’s License and Identification
33Card
34

 

35

15400.  

The department may enter into a memorandum of
36understanding with a federal agency for the purposes of obtaining
37approval for the issuance of an enhanced driver’s license,
38provisional license, or identification card that is acceptable as proof
39of identity and citizenship pursuant to the federal Western
40Hemisphere Travel Initiative (Public Law 110-53 and Public Law
P5    1108-458). Prior to entering into any memorandum of understanding,
2the department shall consult with appropriate interested parties,
3including, but not limited to, business and privacy groups,
4regarding the issues raised by implementation of this chapter.

5

15401.  

(a) Upon the request of an applicant, the department
6may issue an initial enhanced driver’s license, provisional license,
7or identification card to, or renew the enhanced driver’s license,
8provisional license, or identification card of, a person who satisfies
9all of the following:

10(1) Is 16 years of age or older.

11(2) Is a resident of this state.

12(3) Is a citizen of the United States.

13(b) (1) In addition to other information required pursuant to
14Chapter 1 (commencing with Section 12500), the applicant shall
15submit sufficient proof that meets the requirements of the federal
16Western Hemisphere Travel Initiative (Public Law 110-53 and
17Public Law 108-458) to establish his or her identity, residency,
18and citizenship.

19(2) The applicant shall certify, under the penalty of perjury, that
20the information submitted pursuant to paragraph (1) is true and
21correct to the best of the knowledge of the applicant.

22(3) The department shall provide a protective shield at the time
23the enhanced driver’s license, provisional license, or identification
24card is issued to the individual, and inform the applicant in writing
25that the randomly assigned radio frequency identification number
26can be read remotely without the holder’s knowledge, if the
27enhanced driver’s license, provisional license, or identification
28card is not enclosed in the protective shield.

29(4) The applicant shall sign a declaration acknowledging his or
30her understanding of radio frequency identification technology
31and the purpose of the protective shield.

32(c) The department shall include, in the enhanced driver’s
33license, provisional license, or identification card, reasonable
34security measures, including tamper-resistant features to prevent
35unauthorized duplication or cloning and to protect against
36unauthorized disclosure of personal information regarding the
37person who is the subject of the license or card.

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38(d) The enhanced driver’s license, provisional license, or
39identification card shall include both of the following:

P6    1(1) Radio frequency identification technology that will contain
2only a randomly assigned number that shall be encrypted if agreed
3to by the United States Department of Homeland Security, and
4shall not contain any other personal data, biometric information,
5or number other than the randomly assigned number. The enhanced
6driver’s license, provisional license, or identification card shall
7include reasonable security measures to protect the privacy of
8California residents, including reasonable safeguards to protect
9against unauthorized disclosure of data about California residents.
10If the enhanced driver’s license, provisional license, or
11identification card includes a radio frequency identification chip,
12or similar technology, the department shall ensure that the
13technology is encrypted or otherwise secure from unauthorized
14data access.

15(2) A machine readable zone or barcode that can be
16electronically read by the cross border patrol and contains only as
17much information as is required by the federal Western Hemisphere
18Travel Initiative (Public Law 110-53 and Public Law 108-458) to
19permit a border crossing.

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20(d) The enhanced driver’s license, provisional license, or
21identification card shall include radio frequency identification
22technology that will contain only the information needed to comply
23with the United States Department of Homeland Security
24requirements and a machine readable zone or barcode that
25contains only as much information as is required by the federal
26Western Hemisphere Travel Initiative (Public Law 110-53 and
27Public Law 108-458) to permit a border crossing.

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28(e) An enhanced driver’s license may be suspended, revoked,
29or restricted pursuant to this code.

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30(f) (1) An employer shall not require an employee to apply for,
31or use, an enhanced driver’s license, provisional license, or
32identification card as a condition of employment.

33(2) An employer shall not discharge an employee or otherwise
34discriminate or retaliate against an employee who refuses to apply
35for, or use, an enhanced driver’s license, provisional license, or
36identification card.

37(3) An employee who is discharged, threatened with discharge,
38demoted, suspended, or in any other manner discriminated or
39retaliated against in the terms and conditions of employment by
40his or her employer because the employee has exercised his or her
P7    1rights as set forth in this subdivision may file a complaint with the
2Division of Labor Standards Enforcement of the Department of
3Industrial Relations pursuant to Section 98.7 of the Labor Code.

4(4) Notwithstanding any time limitation in Section 98.7 of the
5Labor Code, an employee may file a complaint with the Division
6of Labor Standards Enforcement of the Department of Industrial
7Relations based upon a violation of this subdivision within one
8year from the date of occurrence of the violation.

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9

15402.  

(a) An applicant applying for an initial enhanced
10driver’s license, provisional license, or identification card, shall
11have his or her photograph and signature captured or reproduced
12by the department at the time of application.

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13(b) The photograph and signature shall only be available to the
14United States Customs and Border Protection database or as
15required by the United States Department of Homeland Security
16for purposes of facilitating the purpose of the federal Western
17Hemisphere Travel Initiative (Public Law 110-53 and Public Law
18108-458).

end delete
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19(c) Except as provided in subdivision (b), the department shall
20not disclose the person’s photograph or signature, or copies of a
21digital image of any document required pursuant to this chapter.
22All

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23begin insert(b)end insertbegin insertend insertbegin insertAllend insert laws related to the privacy or security of a driver’s
24license, provisional license, or identification document, or a similar
25document, or regulating the use, access, or sharing of information,
26apply to enhanced driver’s licenses, provisional licenses, and
27identification cards.

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28(d)

end delete

29begin insert(end insertbegin insertc)end insert (1) The department shall examine and verify the
30genuineness, regularity, and legality of an application and proof
31submitted to the department for an initial issuance of an enhanced
32driver’s license, provisional license, or identification card.

33(2) The department may require the submission of additional
34information to establish identity, residency, and citizenship.

35(3) The department shall deny an application of an enhanced
36driver’s license, provisional license, or identification card if the
37department is not satisfied with the genuineness, regularity, and
38legality of the application or supporting documentation or the truth
39of any statement contained in the application or supporting
40documentation, or for any other reason authorized by law.

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P8    1(e)

end delete

2begin insert(end insertbegin insertd)end insert The department shall retain copies or digital images of
3documents provided by the person pursuant to this chapter.

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4(f)

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5begin insert(end insertbegin inserte)end insert Notwithstanding subdivisionbegin delete (e),end deletebegin insert (d),end insert and except as required
6by other law, in the case of the denial of an application for the
7issuance of an enhanced driver’s license, provisional license, or
8identification card, the department shall retain the photograph of
9the applicant and the reason for denial for not less than one year,
10unless fraud is suspected, in which case the applicant’s photograph
11and the reason for denial shall be retained for not less than 10
12years.

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13(g)

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14begin insert(end insertbegin insertf)end insert The photograph, signature, copies, and digital image of
15documents required pursuant to this section are exempt from public
16disclosure pursuant to the California Public Records Act (Chapter
173.5 (commencing with Section 6250) of Division 7 of Title 1 of
18the Government Code).

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19(h)

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20begin insert(end insertbegin insertg)end insert Except as required by federal law, information submitted
21by an applicant pursuant to this chapter shall not be disclosed to
22a foreign nation.

23

15403.  

(a) In addition to fees required pursuant to this division,
24a person requesting the initial issuance or renewal of an enhanced
25driver’s license, provisional license, or identification card shall
26submit an additional nonrefundable application fee with the
27application. The department shall set, by regulation, the application
28fee in an amount not to exceed the reasonable regulatory cost of
29issuing or renewing that license or identification card, or fifty-five
30dollars ($55), whichever is less.

31(b) Fees submitted shall be deposited into the Motor Vehicle
32Account, to be available, upon appropriation by the Legislature,
33to implement this chapter.

34

15404.  

The department shall submit an annual report in
35compliance with Section 9795 of the Government Code to the
36Assembly and Senate Committees on Judiciary, the Senate
37Committee on Transportation and Housing, and the Assembly
38Committee on Transportation. The report shall include, but not be
39limited to, information on the number of enhanced driver’s licenses,
40provisional licenses, and identification cards issued, the effect on
P9    1wait times and traffic congestion at points of entry, and whether
2or not there have been any security or privacy breaches related to
3the use of the enhanced driver’s licenses, provisional licenses, and
4identification cards. Information from the federal government that
5is required to be reported pursuant to this section need only be
6reported to the extent the information is received from the federal
7government.

8

SEC. 3.  

The Legislature finds and declares that Section 2 of
9this act, which adds Section 15402 to the Vehicle Code, imposes
10a limitation on the public’s right of access to the meetings of public
11bodies or the writings of public officials and agencies within the
12meaning of Section 3 of Article I of the California Constitution.
13Pursuant to that constitutional provision, the Legislature makes
14the following findings to demonstrate the interest protected by this
15limitation and the need for protecting that interest:

16The need to protect individual privacy from the public disclosure
17of private information submitted by an applicant for an enhanced
18driver’s license, provisional license, or identification card
19outweighs the interest in the public disclosure of that information.

20

SEC. 4.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.



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