BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2189|
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THIRD READING
Bill No: AB 2189
Author: Skinner (D)
Amended: 8/21/12 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
SUBJECT : Vehicles: rentals: drivers licenses
SOURCE : Hertz Corporation
DIGEST : This bill allows for identification required of
a person renting a vehicle to be verified by comparison of
a photograph to the driver renting the vehicle. This bill
also creates an exemption from this requirement for a
rental company that is located remotely, as defined, that
enters into a rental transaction in which a vehicle that is
part of a regional fleet and is available through a
nonbinding agreement to be rented electronically on either
an hourly or daily basis.
Senate Floor Amendments of 8/21/12 clarify the limited
exception to the requirement to inspect driver's licenses
when renting vehicles.
ANALYSIS : Existing law defines a "rental company" as a
person or entity in the business of renting passenger
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vehicles to the public. (Civil Code Section 1936(a))
Existing law prohibits a person from renting a motor
vehicle to another unless:
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/her
residence; and
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 the signature thereon with the
signature of that person written in his/her presence.
(Vehicle Code Section 14608)
This bill amends the above Vehicle Code Section to allow a
person renting a motor vehicle to another person, in
inspecting the driver's license of the person to whom the
vehicle is to be rented, to compare the photograph on the
license with the person to whom the vehicle is to be
rented.
This bill provides that a "rental company," as defined
above, is not subject to the requirements of Section 14608
of the Vehicle Code, 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.
This bill makes other technical, non-substantive changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/21/12)
Hertz Corporation (source)
ARGUMENTS IN SUPPORT : The sponsor writes that, "In the
evolving nature of renting cars and providing customers
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with more flexibility and convenience, companies and
organizations are allowing customers to rent cars on an
hourly or daily basis and have the ability to enter the
vehicle at convenient locations where the customer lives or
works. Rental cars can be located throughout a city or
campus and can be accessed by the customer at any parked
location. This car rental structure is often called "car
sharing." In fact, existing state law recognizes the "car
sharing" structure by specifically allowing localities to
adopt an ordinance to designate street or portions of
streets for the exclusive parking privilege to cars
participating in a car share vehicle program. The benefit
of this type of transaction and convenience to customers is
less vehicles miles traveled and not having the burden of
car ownership, which includes having insurance, car
maintenance costs, and parking."
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
Hern�ndez, 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 P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao
RJG:d 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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