California Legislature Considers Bill For Western Hemisphere Drivers License

[Ayatollahgondola]

I can't help but think that thi bill would end up being the trojan horse of border entry. It's supposed to be for "trusted travelers" from mexico, but isn't everyone tat is allowed entry to the US through our California ports supposed to be trusted already.
RFID chips will be embedded in this license too.

BILL NUMBER: AB 2113 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MARCH 29, 2012

INTRODUCED BY Assembly Member Hueso

FEBRUARY 23, 2012

An act to add Chapter 8 (commencing with Section 15400) to
Division 6 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2113, as amended, Hueso. Vehicles: driver's licenses: 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 declare the intent of the Legislature to
enact subsequent legislation that would authorize the
Department of Motor Vehicles to enter into a memorandum of
understanding with one or more federal agencies
a federal agency for the purposes of facilitating
the crossing of the border and improving economic development
between this state and Mexico and that would permit the department to
issue travels within the western hemisphere pursuant
to the Western Hemisphere Travel Initiative through the issuance of
an enhanced driver's license , instruction permit,
provisional license, or identification card for the
purposes of crossing the border between this state and Mexico
. 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
speci fied 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 Western Hemisphere Travel Initiative. Because the knowledge of
the submission of fraudulent information is a crime, this 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. The bill would require the person to submit an
additional application fee of $75. 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 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: no
yes . State-mandated local program: no
yes .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the
following:
(a) Every year, there are over 45 million personal vehicle
passengers and 15 million pedestrians crossing into the state from
Mexico.
(b) Border crossers have an economic impact on the state,
accounting annually for four billion five hundred thousand dollars
($4,000,500,000) 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 million 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 one billion three hundred thousand dollars
($1,000,300,000), 3 million potential working hours, 35,000 jobs, and
forty-two million dollars ($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 one billion dollars ($1,000,000,000) in costs and a loss
of 134,000 jobs.
(g) Since border wait times impede international travel, trade,
and commerce, the Legislature must address this problem to protect
California's jobs and economy.
(h) After the 9/11 attacks, the federal government enacted the
Western Hemisphere Travel Initiative (WHTI; Public Law 110-53), 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 a 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 EDL's 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. The Legislature hereby declares its
intent to enact subsequent legislation that would authorize the
Department of Motor Vehicles to enter into a memorandum of
understanding with one or more federal agencies for the purposes of
facilitating the crossing of the border and improving economic
development between this state and Mexico and would permit the
department to issue an enhanced driver's license or identification
card for the purposes of crossing the border between this state and
Mexico.
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
Western Hemisphere Travel Initiative (Public Law No. 110-53).
15401. (a) (1) 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 an enhanced
driver's license, instruction permit, provisional license, or
identification card to, 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 Western
Hemisphere Travel Initiative (Public Law 110-53) 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 knowledge of the applicant.
(3) 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 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 signal a
secure system to pull up the person's biographic and biometric data
for the cross border patrol.
(2) A machine readable zone or barcode that can be electronically
read by the cross border patrol.
(e) An enhanced driver's license may be suspended, revoked, or
restricted pursuant to this code.
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
facial image and signature captured or reproduced by the department
at the time of application or renewal.
(b) The facial image and signature may be available to the
following entities:
(1) A federal, state, or local government agency for law
enforcement purposes authorized by law.
(2) Another state to the extent authorized by federal law.
(3) The department for purposes authorized by law.
(4) Any other entities, if the person provides written
authorization for the release of his or her facial image or
signature.
(c) Except as provided in subdivision (b), the department shall
not disclose the person's facial image 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 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), 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) Except as provided in subdivision (f), 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 facial image of the applicant and the reason for
denial for not less than one year, unless fraud is suspected, in
which case the applicant's facial image and the reason for denial
shall be retained for not less than 10 years.
(g) The facial image, signature, copies, and digital image of
documents required pursuant to this section are exempt from public
disclosure pursuant to the 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 of seventy-five dollars ($75) with the application.
(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, 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.
SEC. 3. 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.