Amended  IN  Assembly  March 25, 2021
Amended  IN  Assembly  March 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1503

Introduced by Assembly Member Santiago

February 19, 2021

An act to add Article 6 (commencing with Section 13020) to Chapter 1 of Division 6 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1503, as amended, Santiago. Digital driver’s licenses and identification cards.
Existing law requires the Department of Motor Vehicles to issue to a person a driver’s license as applied for when the department determines that the applicant is lawfully entitled to a license. Existing law requires the license to state specified information, including the true name, age, and mailing address of the licensee and a brief description and engraved picture or photograph of the licensee for the purpose of identification.
Existing law authorizes the department to issue an identification card to any person attesting to their true full name, correct age, and other identifying data as certified by the applicant for the identification card.
This bill would authorize the department to establish a pilot program to evaluate the use of mobile or digital alternatives to driver’s licenses and identification cards if specified requirements are met including that the Department of the California Highway Patrol approve alternative licenses and that the pilot program be completed no later than January 1, 2028. The bill would require that the department limit data exchanged between the department and any electronic device or provider of an electronic device, as specified. The bill would authorize the department to evaluate the use of private industry partners in the conduct of the pilot program, as specified. The bill would authorize the department to include the issuance of Real ID driver’s licenses and identification cards in the pilot program upon authorization of the United States Secretary of Homeland Security. The bill would require the department, if it conducts the pilot program, to submit a report to the Legislature, as specified.

This bill would require the department, no later than January 1, 2024, to implement the use of digital driver’s licenses and identification cards for use with a mobile application. The bill would state that a person who is entitled to a driver’s license or identification card is entitled to a digital version. The bill would authorize the department to contract with a private entity in furtherance of this program. The bill would require the department, in developing and implementing the program, to ensure the protection of personal information and protect against unauthorized access to information. The bill would require that a digital driver’s license or identification card developed pursuant to these provisions and presented on a mobile application be accepted as a valid government-issued identification. The bill would authorize the department to issue digital Real ID driver’s licenses and identification cards upon approval of the United States Secretary of Homeland Security.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6 (commencing with Section 13020) is added to Chapter 1 of Division 6 of the Vehicle Code, to read:
Article  6. Digital Driver’s Licenses and Identification Cards
13020.

(a)No later than January 1, 2024, the department shall implement the use of digital driver’s licenses and identification cards for use with a mobile application.

(b)A person who is entitled to a driver’s license or identification card is entitled to a digital version, including a person who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law but who meets all other qualifications for licensure and provides satisfactory proof to the department of their identity and California residency, in accordance with Section 12801.9.

(c)The department may contract with a private entity in furtherance of subdivision (a), to include development of the necessary technology.

(d)In developing and implementing the use of digital driver’s licenses and identification cards, the department shall ensure the protection of personal information and include security features that protect against unauthorized access to information.

(e)A digital driver’s license or identification card developed pursuant to subdivision (a) and presented on a mobile application shall be accepted as a valid government-issued identification.

(f)The department may issue digital Real ID driver’s licenses and identification cards upon authorization of the United States Secretary of Homeland Security.

13020.
 (a) The department may establish a pilot program to evaluate the use of mobile or digital alternatives to driver’s licenses and identification cards, subject to all of the following requirements:
(1) The alternative licenses shall be approved by the Department of the California Highway Patrol.
(2) The pilot program shall be limited to no more than 0.5 percent of licensed drivers for the purpose of the evaluation.
(3) The alternative products to be evaluated shall be provided at no cost to the state.
(4) Any pilot program established by the department pursuant to this subdivision shall be completed no later than January 1, 2028.
(5) Any pilot program established by the department pursuant to this subdivision shall be limited to persons who have voluntarily chosen to participate in the pilot program.
(b) In the conduct of any pilot program pursuant to this section, any data exchanged between the department and any electronic device or the provider of any electronic device shall be limited to those data necessary to display the information necessary for a driver’s license or identification card.
(c) In the conduct of any pilot program pursuant to this section, the department may evaluate the inclusion of participants in the Business Partner Automation Program, pursuant to Section 1685.
(d) The pilot program may include the issuance of mobile or digital Real ID driver’s license or identification cards upon authorization of the United States Secretary of Homeland Security.
(e) If the department conducts a pilot program authorized in subdivision (a), the department shall, no later than July 1, 2026, submit a report regarding the pilot program to the Legislature, in compliance with Section 9795 of the Government Code, to include, but not be limited to, all of the following:
(1) An evaluation of the cost-effectiveness of the alternatives used in the pilot program when compared to the department’s current use of identification cards and driver’s licenses.
(2) A review of all products evaluated in the pilot program and of the features of those products. The report shall note if the devices evaluated in the pilot program are available with the ability to transmit and retain information relating to the movement, location, and if a product contains that feature, the report shall also note if the product includes any security features to protect against unauthorized access to information.
(3) Recommendations for subsequent actions, if any, that should be taken with regard to alternatives evaluated in the pilot program.