BILL NUMBER: AB 2189	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2012
	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN ASSEMBLY  APRIL 16, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 23, 2012

   An act to add Section 1936.5 to the Civil Code, and to amend
Section 14608 of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2189, as amended, Skinner. Vehicles: rentals: driver's
licenses.
   Existing law prohibits a person from renting a motor vehicle to
another unless the person to whom the vehicle is rented is a validly
licensed driver, as specified, and the person renting to that driver
has inspected the person's driver's license and compared the
signature on the license with the signature of the driver written in
his or her presence.
   This bill would delete the requirement that the signature of the
driver be written in his or her presence and would allow the person
renting the vehicle to instead compare the photograph on the driver's
license of the person with the person to whom the vehicle is to be
rented.
   The bill would also exempt, a "rental company," as defined, from
these requirements  when entering into a rental transaction
for a vehicle that is located remotely, is part of a regional fleet,
and is available to be rented through a membership agreement
electronically on either an hourly or daily basis   if
the rental is subject to the terms of a membership agreement that
allows the renter to gain physical access to a car without a key
through use of a code, key card, or by other means  that
allow   the car to be accessed at a remote location 
 or at a business location of the rental company outside of that
lo   cation's regular hours of operation  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1936.5 is added to the Civil Code, to read:
   1936.5.  A "rental company" as defined in paragraph (1) of
subdivision (a) of Section 1936 is not subject to the requirements of
Section 14608 of the Vehicle Code  when entering into a
rental transaction for a vehicle that is located remotely, is part of
a regional fleet, and is available to be rented through a membership
agreement electronically on either an hourly or daily basis
  if the rental is subject to the terms of a membership
agreement that allows the renter to gain physical access to a car
without a key through use of a code, key card, or by other means
  that allow   the car to be accessed at a remot
  e location, or at a business location of the rental
company outside of that location's regular hours of operation  .

  SEC. 2.  Section 14608 of the Vehicle Code is amended to read:
   14608.  (a) A person shall not rent a motor vehicle to another
person unless both of the following requirements have been met:
    (1) The person to whom the vehicle is rented is licensed under
this code or is a nonresident who is licensed under the laws of the
state or country of his or her residence.
    (2) The person renting to another person has inspected the driver'
s license of the person to whom the vehicle is to be rented and
compared either the signature thereon with that of the person to whom
the vehicle is to be rented or the photograph thereon with the
person to whom the vehicle is to be rented.
    (b) This section does not prohibit a blind or disabled person who
is a nondriver from renting a motor vehicle if both of the following
conditions exist at the time of rental:
   (1) The blind or disabled person either holds an identification
card issued pursuant to this code or is not a resident of this state.

   (2) The blind or disabled person has a driver present who is
either licensed to drive a vehicle pursuant to this code or is a
nonresident licensed to drive a vehicle pursuant to the laws of the
state or country of the driver's residence.