BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2189| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 2189 Page 2 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 CONTINUED AB 2189 Page 3 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 CONTINUED AB 2189 Page 4 NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao RJG:JJA:m 8/27/12 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED