BILL ANALYSIS �
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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
�NOTE: 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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AB 2189
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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
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
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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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