Bill Text: CA SB249 | 2015-2016 | Regular Session | Amended

California Senate Bill 249 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles: enhanced driver's license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB249 Detail]

Download: California-2015-SB249-Amended.html
BILL NUMBER: SB 249	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2015

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  travels   travel
 within the western hemisphere pursuant to the federal Western
Hemisphere Travel Initiative through the issuance of an enhanced
driver's license, instruction permit, provisional license, or
identification card. The bill would authorize the department to issue
or renew, upon request, an enhanced driver's license, instruction
permit, 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, instruction
permit, 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.  Because the knowledge of the
submission of fraudulent information is a crime, the bill would
create a new crime, thereby imposing a state-mandated local program.
The bill would, except as specified, prohibit the disclosure of
information submitted to the department. Because a violation of the
Vehicle Code is a crime, this bill would impose a state-mandated
local program.   By expanding the scope of the crime of
perjury, this bill would impose a state-mandated local program. 

   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 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  this provision   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 and identification
card. The bill would require a person applying for an enhanced driver'
s license, instruction permit, 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, permit, or identification card, or $55,
whichever is less, and to provide specified information to the
applicant. The bill would 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.
The bill would, upon appropriation by the Legislature, require the
moneys in the subaccount 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, instruction permit, provisional license, or
identification card from being disclosed by the department, as
specified.  
   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,
instruction permit, 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).
   15401.  (a) Upon the request of an applicant, the department may
issue an initial enhanced driver's license, instruction permit,
provisional license, or identification card to, or renew the enhanced
driver's license, instruction permit, 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 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, instruction permit, provisional license, or identification
card is not enclosed in a protective shield or similar
tamper-resistant device.  
   (3) 
    (4)  The applicant shall sign a declaration
acknowledging his or her understanding of radio frequency
identification technology.
   (c) The department shall include, in the enhanced driver's
license, instruction permit, 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 license, permit, or
card.
   (d) The enhanced driver's license, instruction permit, 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.
   (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 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 or identification card.

   (g) The department shall inform the applicant, either orally or in
writing, that the randomly assigned radio frequency identification
number can be read remotely without the holder's knowledge,
especially if the enhanced driver's license, instruction permit,
provisional license, or identification card is not enclosed in a
protective shield or similar tamper-resistant device.  
   (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, instruction permit, provisional license, or identification
card, or renewing an enhanced driver's license, instruction permit,
provisional license, or identification card, shall have his or her
photograph and signature captured or reproduced by the department at
the time of application or renewal.
   (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.
   (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 or renewal of an enhanced driver'
s license, instruction permit, 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 or renewal of an
enhanced driver's license, instruction permit, 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.
   (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.
   (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 or renewal of an enhanced driver's license, instruction
permit, 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, instruction permit, 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 license,
permit, or identification card, or fifty-five dollars ($55),
whichever is less.
   (b) Fees submitted shall be deposited into the Enhanced Driver's
License and Identification Card Subaccount established pursuant to
Section 15404.
   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.
   15405.  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 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 and
identification cards.
   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, instruction permit, provisional license, or
identification card outweighs the interest in the public disclosure
of that information. 
   SEC. 3.   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.