BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 249 Hearing Date: 4/7/2015
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|Author: |Hueso |
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|Version: |2/18/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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SUBJECT: Vehicles: enhanced driver's license
DIGEST: This bill authorizes the Department of Motor Vehicles
(DMV) to issue enhanced driver's licenses (EDLs), which
individuals can use at border crossings as proof of both
identity and citizenship.
ANALYSIS:
Existing law authorizes 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. DMV encodes the
individual's basic personal information in a magnetic strip on
the back of the license or identification card.
To address the need for increased security measures after the
9/11 terrorist attacks, Congress passed the Intelligence Reform
and Terrorist Prevention Act of 2004 (Public Law 108-458). To
implement this legislation, with an eye to reducing border
congestion, the Department of State and the Department of
Homeland Security (DHS) established a plan called the Western
Hemisphere Travel Initiative (WHTI). The WHTI requires U.S. and
Canadian travelers to present a passport or other document
proving identity and citizenship to enter the country beginning
in 2007 for air travel into the U.S. and in 2009 for land and
sea travel into the U.S. The EDL is one of the documents
meeting WHTI requirements.
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An EDL is a driver's license that an individual can also use as
a travel document to enter the U.S. from Mexico, Canada, the
Caribbean, and Bermuda. A key feature distinguishing an EDL
from a California driver's license is Radio Frequency
Identification (RFID) technology. RFID systems allow
information contained in a wireless device or "tag" to be read
from a distance. RFID technology can be found in car keys,
security access cards, and highway toll lanes (such as FasTrak).
Under the WHTI, the U.S. Customs and Border Protection (border
patrol) created "ready lanes" at some ports of entry, including
Calexico East, Otay Mesa, and San Ysidro on the
California-Mexico border.
Ready lanes are dedicated to travelers with RFID-enabled travel
documents, such as EDLs; frequent travelers who hold EDLs can
use these lanes to expedite the inspection process.
Specifically, as a traveler approaches inspection lanes at the
border, authorized readers read the EDL from 10 to 15 feet away.
The WHTI provides that no personal information is stored on the
EDL, but rather a number that points to information housed in
the secure database. Upon reading this number, the reader
signals the database to display biographical information, a
photo, and the results of terrorist/criminal checks to the
border patrol officer as the vehicle pulls up to the 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. Four states (Michigan, New York, Vermont, and
Washington), as well as several Canadian provinces, are
currently issuing EDLs.
This bill:
Authorizes DMV to enter into a memorandum of understanding with
a federal agency to obtain approval to issue an EDL, instruction
permit, provisional license, or identification card (hereafter
referred to generally as an EDL) that meets WHTI requirements.
Authorizes the DMV to issue or renew an EDL to an applicant who
is 16 years or older and is both a California resident and a
U.S. citizen.
Requires an applicant to submit proof of identity, California
SB 249 (Hueso) Page 3 of ?
residency, and U.S. citizenship and to certify under penalty of
perjury that the information is valid. Also requires the
applicant to sign a declaration acknowledging his or her
understanding of RFID technology.
Requires DMV to include in the EDL reasonable security measures
to protect against unauthorized duplication or disclosure of the
holder's personal information. Limits the RFID technology in
the EDL to contain only a randomly assigned number, encrypted
subject to DHS approval, and a bar code that can only be read by
border patrol.
Prohibits 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.
Requires DMV to inform the applicant that the randomly assigned
RFID number can be read remotely without the holder's knowledge,
particularly if the EDL is not enclosed in a protective shield
or similar cloaking device.
Requires an applicant to allow DMV to capture and reproduce his
or her photograph and signature at the time of application or
renewal and provides that these items shall only be available to
border patrol or DHS.
Requires DMV to verify the validity of an EDL application or
renewal and accompanying proof. Authorizes DMV to require the
applicant to submit additional information to establish
identity, residency, and citizenship. Authorizes DMV to deny an
application if it finds the application or supporting
documentation is inadequate or invalid.
Establishes a non-refundable fee of $55 for application or
renewal, in addition to other fees required by state law, to be
deposited in a special account within the Motor Vehicle Account.
Specifies that this bill is not intended to conflict with any
other state or federal law.
Requires DMV to submit an annual report to the Legislature
including, but not limited to, information on the number of EDLs
and related documents issued, the effect on wait times and
traffic congestion at ports of entry, and whether or not there
SB 249 (Hueso) Page 4 of ?
have been security or privacy breaches related to the use of
EDLs or related documents.
COMMENTS:
1.Purpose. The author states that each year, 45 million vehicle
passengers and 15 million pedestrians cross the border into
California through the six ports of entry from Mexico. Long
wait times, as high as three to four hours, between Imperial
County and the Mexico border accounted for an estimated output
loss of $1.4 billion and 11,600 jobs lost nationally in 2007.
More recent studies indicate a $620 million loss to due to
congestion at the Imperial County ports of entry and a nearly
$1.3 billion revenue loss at the San Diego ports of entry.
The author states that the EDL could both significantly reduce
wait times at the border and strengthen border security.
2.EDLs and RFID technology. An RFID tag with a power source is
an "active" tag that can transmit a radio wave transmitting
information to any reader in the area. An RFID without a
power source is a "passive" tag; a reader can remotely read
the information when the tag gets within a certain range of
the reader. While an RFID tag is similar to bar code
technology, it differs in that it can be read remotely,
without having to swipe the bar code, and in that much more
information can be stored on an RFID tag chip than on a bar
code. The EDL proposed in this bill would include a passive
tag. In addition, as required by the WHTI, this bill specifies
that the EDL would contain only a number that points to
information housed in the border patrol's secure database.
3.What about AB 60? AB 60 (Alejo), Chapter 524, Statutes of
2013, requires the DMV to issue an original driver's license
to an individual who is unable to submit satisfactory proof of
legal presence in the U.S. These applicants must meet all
other qualifications for licensure and must provide
satisfactory proof of identity and California residency. AB
60 specifies that a license issued under these provisions is
valid only for driving privileges and cannot be used for
identification or federal purposes. The DMV began issuing
these licenses on January 2, 2015. Because this bill requires
that an individual must be a U.S. citizen in order to obtain
an EDL, individuals holding an AB 60 driver's license would
not be eligible.
SB 249 (Hueso) Page 5 of ?
4.Previous legislation. SB 397 (Hueso), which this committee
passed on an 11-0 vote in 2013 but was subsequently held on
the suspense file by the Assembly Appropriations Committee,
was almost identical to this bill. This bill differs from the
version of SB 397 voted on by this committee in that it
incorporates several provisions added in subsequent committees
to address privacy concerns raised by civil rights
organizations. Specifically, this bill requires an applicant
to allow DMV to capture or reproduce his or her photograph and
signature, rather than his or her facial image and signature;
clarifies that this bill is not intended to conflict with any
other state or federal law; and requires DMV to inform
applicants that the random RFID number can be read remotely
without their knowledge. This bill also authorizes DMV to
charge a $55 fee rather than a $75 fee.
5.Double referral. The Rules Committee has referred this bill
to both this committee and the Judiciary Committee.
Therefore, if this bill passes this committee, it will be
referred to the Judiciary Committee.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on
Wednesday, April 1, 2015.)
SUPPORT:
City of San Diego
OPPOSITION:
None received.
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