BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 249|
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UNFINISHED BUSINESS
Bill No: SB 249
Author: Hueso (D)
Amended: 8/28/15
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/7/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
SENATE JUDICIARY COMMITTEE: 5-2, 4/21/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Moorlach, Anderson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 36-3, 6/1/15
AYES: Allen, Bates, Beall, Berryhill, Block, Cannella, De
León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock,
Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,
Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan,
Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
NOES: Anderson, Moorlach, Morrell
NO VOTE RECORDED: Nielsen
ASSEMBLY FLOOR: 75-2, 9/01/15 - See last page for vote
SUBJECT: Vehicles: enhanced drivers license
SOURCE: Author
DIGEST: This bill authorizes the Department of Motor Vehicles
(DMV) to issue enhanced drivers licenses (EDLs), which
individuals can use at border crossings as proof of both
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identity and citizenship.
Assembly Amendments remove instruction permits from this bill;
remove renewals of licenses, provisional licenses, and
identification cards; require DMV to consult with stakeholders
prior to entering a memorandum of understanding with the federal
government; remove the provision allowing an applicant to appeal
a denial of an application; remove the provision establishing a
new account within the Motor Vehicle Account (MVA) and instead
provide for the funds to be deposited in the MVA; and require
DMV to provide a protective shield for the license or
identification card at the time of issuance.
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.
This bill:
1) Authorizes DMV to enter into a memorandum of understanding
with a federal agency to obtain approval to issue an EDL,
provisional license, or identification card (hereafter
referred to generally as an EDL) that meets Western
Hemisphere Travel Initiative (WHTI) requirements. Requires
DMV to consult with stakeholders prior to entering such a
memorandum.
2) Authorizes the DMV to issue an EDL to an applicant who is 16
years or older and is both a California resident and a U.S.
citizen.
3) Requires an applicant to submit proof of identity,
California 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 Radio Frequency Identification
(RFID) technology.
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4) 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 the Department of
Homeland Security (DHS) approval, and a bar code that can
only be read by border patrol.
5) 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.
6) Requires DMV to inform the applicant that the randomly
assigned RFID number can be read remotely without the
holder's knowledge. Requires DMV to provide a protective
shield for the EDL at the time of issuance.
7) 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.
8) 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.
9) Establishes a non-refundable fee of $55 for application or
renewal, in addition to other fees required by state law, to
be deposited in the Motor Vehicle Account.
10)Specifies that this bill is not intended to conflict with
any other state or federal law.
11)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
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there have been security or privacy breaches related to the
use of EDLs or related documents.
Background
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 DHS established a
plan called the Western Hemisphere Travel Initiative. 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.
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 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
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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.
Comments
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.
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. This bill also requires DMV to provide a
protective shield for the EDL at the time of issuance.
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
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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.
Prior Legislation
SB 397 (Hueso), which passed the Senate Transportation and
Housing Committee 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 the Senate Transportation
and Housing 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee (July 16,
2015 version):
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 a
memorandum of understanding with DHS; 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. (MVA)
2)Ongoing costs of about $1.2 million to operate the program.
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(MVA)
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 fully funded by 2021-22. No
revenue would accrue until after DMV incurs most of the
start-up costs, however; thus DMV would need to cover these
costs through borrowing from internal funds or from
programmatic efficiencies or reductions.
SUPPORT: (Verified8/31/15)
Baja California State Government
Calexico Chamber of Commerce
California Chamber of Commerce
Casa Familiar
Chula Vista Mayor Mary Casillas Salas
City of San Diego
El Centro Chamber of Commerce & Visitors Bureau
Imperial County Transportation Commission
Otay Mesa Chamber of Commerce
San Diego Association of Governments
San Diego City Councilmember Todd Gloria
San Diego Regional Chamber of Commerce
San Diego-Tijuana Smart Border Coalition
U.S. Representative Juan Vargas
OPPOSITION: (Verified8/31/15)
American Civil Liberties Union of California
Calegislation
Center for Democracy & Technology
Consumer Action
Consumer Federation of California
Consumer Watchdog
Council for Citizens Against Government Waste
Eagle Forum of California
Electronic Frontier Foundation
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Ella Baker Center for Human Rights
Gun Owners of California
Legal Services for Prisoners with Children
Liberty Guard
Privacy Rights Clearinghouse
Tenth Amendment Center
ASSEMBLY FLOOR: 75-2, 9/01/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein,
Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian,
Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Weber, Wilk, Williams, Wood,
Atkins
NOES: Gatto, Levine
NO VOTE RECORDED: Brough, Harper, Waldron
Prepared by:Erin Riches / T. & H. / (916) 651-4121
9/1/15 21:35:23
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