BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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                                 THIRD READING


          Bill No:  AB 2189
          Author:   Cedillo (D), et al.
          Amended:  8/24/12 in Senate
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 7/3/12
          AYES:  Evans, Harman, Blakeslee, Corbett, Leno

          ASSEMBLY FLOOR  :  76-0, 5/14/12 - See last page for vote

          ÝNOTE:  The above votes relate only to Sections 1 and 4 of 
          the bill.]


           SUBJECT  :    Vehicles:  drivers licenses

           SOURCE  :     Author


           DIGEST  :    This bill allows a vehicle rental company to 
          verify a renters identity by comparison of the drivers 
          license photograph to the driver renting the vehicle, 
          creates an exemption from the verification requirement for 
          a rental company that is located remotely, and specifies 
          that a person whose presence in the United States is 
          authorized by federal law, but who is ineligible for a 
          social security number, is eligible to obtain a driver's 
          license in California.

           Senate Floor Amendments  of 8/24/12 (1) specify that a 
          person whose presence in the United States is authorized by 
          federal law, but who is ineligible for a social security 
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          number, is eligible to obtain a driver's license in 
          California, and (2) add numerous coauthors.

           ANALYSIS  :    

          I.Existing law requires the Department of Motor Vehicles 
            (DMV) to issue driver's licenses to applicants who meet 
            specified criteria and provide the department with the 
            required information.  Existing law requires DMV to 
            establish that the applicant's presence in the United 
            States is authorized under federal law.

            Under existing federal law, the Secretary of the 
            Department of Homeland Security has issued a directive 
            allowing certain undocumented individuals who meet 
            several key criteria for relief from removal from the 
            United States or from entering into removal proceedings 
            to be eligible to receive deferred action for a period of 
            two years, subject to renewal, and who will be eligible 
            to apply for work authorization.

            This bill allows persons who provide satisfactory proof, 
            as described, that their presence in the United States is 
            authorized under federal law, but who are not eligible 
            for a social security account number, to receive an 
            original driver's license from DMV if they meet all other 
            qualifications for licensure.

            This bill states the intent of the Legislature in 
            enacting the above this act to codify the holding in 
            Lauderbach v. Zolin (1995) 35 Cal.App.4th 578, that 
            persons whose presence in the United States is authorized 
            by federal law, but who are ineligible for social 
            security account numbers, are entitled to an original 
            driver's license if they are otherwise qualified for the 
            license.

            According to the author, there are approximately 450,000 
            undocumented immigrants who might meet the requirements 
            of the federal deferred action directive either now or in 
            the near future.  The author notes that, now that the 
            federal government has authorized the presence of these 
            individuals in this country, qualifying immigrants should 
            be eligible to receive a driver's license.  This bill 

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            ensures that those individuals who qualify for the 
            deferred action can obtain driver's licenses.

          II.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/her presence.

            This bill deletes the requirement that the signature of 
            the driver be written in his/her presence and allows 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.

            This bill also exempts, a "rental company," as defined, 
            from these requirements 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 location's 
            regular hours of operation.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No


           ASSEMBLY FLOOR  :  76-0, 5/14/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, 
            Wieckowski, Williams, Yamada, John A. Pérez

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          NO VOTE RECORDED:  Atkins, Fletcher, Perea, Valadao


          RJG:JJA:m  8/27/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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