BILL ANALYSIS �
AB 2189
Page 1
Date of Hearing: August 30, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2189 (Cedillo and Skinner) - As Amended: August 24, 2012
SUBJECT : Driver's licenses
SUMMARY : Allows certain applicants to qualify for a driver's
license without having to provide a valid social security
account number (SSAN) to the Department of Motor Vehicles (DMV);
authorizes an alternative procedure for renting vehicles that
allows vehicle rental agencies to verify driver's license
information electronically from remote locations via information
kiosks. Specifically, this bill :
1)Allows a driver's license applicant who is not eligible for an
SSAN, but provides satisfactory proof of legal presence in the
United States, to be eligible to receive an original driver's
license if he or she meets all the other qualifications for
licensure.
2)Provides that any federal document demonstrating favorable
action by the federal government for acceptance of a person
into the deferred action for childhood arrivals program
satisfies the requirement that a driver's license applicant
submit satisfactory proof that his or her presence in the
United States is authorized under federal law.
3)Allows DMV to issue an original driver's license to a person
without an SSAN under the conditions described in #1 above.
4)Declares the intent of the Legislature that provisions #1, 2,
and 3 above are meant 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 SSANs, are entitled to an original driver's
license if they are otherwise qualified for the license.
5)Allows 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.
6)Provides that a rental company is not required to inspect a
AB 2189
Page 2
renters driver's license 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 electronically
through a membership agreement on either an hourly or daily
basis.
EXISTING LAW :
1)Requires applicants for driver's licenses to provide their
Social Security SSANs and proof of their legal presence to
DMV.
2)Requires DMV to verify the legal presence of driver's license
applicants. Pending that verification, DMV may issue a
temporary license.
3)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.
FISCAL EFFECT : Unknown. This bill has not been reviewed by the
fiscal committee of either house. Nevertheless, if, as the
author suggests, there are as many as 450,000 individuals who
will qualify for the federal deferred action program, there will
certainly be a significant workload impact on DMV.
COMMENTS :
1) Current law provides that DMV must "require every applicant
for an original driver's license or identification card to
submit satisfactory proof that the applicant's presence in the
United States is authorized under federal law." DMV may not
issue an original driver's license to persons who cannot submit
satisfactory proof of legal presence. In addition, existing law
provides that "the department shall require every application
for a driver's license to contain the applicant's social
security number and any other number or identifier determined to
be appropriate by DMV." The California Code of Regulations
specifies approximately 27 documents that may be submitted as
satisfactory proof of legal presence status. It a misdemeanor
for any person to assist knowingly in obtaining a driver's
license or identification card for any person whose presence in
AB 2189
Page 3
the United States is not authorized under federal law.
The legal presence provision was enacted by the Legislature (SB
976 (Alquist), Chapter 820, Statutes of 1993) in order to make
the driver's license a more secure form of identification with
the intent of preventing undocumented persons from being
licensed or obtaining DMV identification cards. The supporters
of SB 976 asserted that the driver's license was a "breeder
document" that was used to acquire other documentation and
served as the most widely accepted form of personal
identification used to qualify for both private and public
sector services and programs.
In response to the enactment of Senate Bill 976, DMV authorized
a variety of birth verification/immigration status documents
that applicants for an original driver's license or
identification card can submit for the purpose of documenting
legal presence. When an applicant submits a specified document,
such as a birth certificate, it is reviewed for acceptability
and authenticity by a DMV field office employee. For
verification of Bureau of Citizenship & Immigration Services
(formerly the "Immigration and Naturalization Service")
documents submitted by applicants, DMV has direct computer
access to the Systematic Alien Verification for Entitlements
(SAVE), an electronic intergovernmental-sharing system
maintained by the U.S. Department of Homeland Security (DHS) to
ensure that only legally entitled immigrants receive government
benefits and services.
The author of this bill has repeatedly tried, for over a decade,
to authorize immigrants without proof of legal residence to
obtain driver's licenses. Only one of his previous bills
survived the legislative process, but even that one was repealed
before being implemented. This bill seeks to allow
beneficiaries of the recently-established federal "Deferred
Action for Childhood Arrivals" program to qualify for driver's
licenses in the absence of an SSAN, which is otherwise required
of license applicants. It builds on existing law which already
allows noncitizens to obtain California driver's licenses if
they can provide DMV with proof of their legal presence in the
U.S. (It should be noted here that the documentation likely to
be provided to beneficiaries of this program - an employment
authorization card - would allow the recipient to obtain an
SSAN.)
AB 2189
Page 4
According to DHS, under the Deferred Action program, the U.S.
Citizenship and Immigration Services (USCIS) is accepting
requests for consideration of deferred immigration enforcement
action for childhood arrivals. Deferred action is a
discretionary determination to defer removal action of an
individual as an act of prosecutorial discretion. Under this
process, USCIS will consider requests on a case-by-case basis.
While this process does not provide lawful status or a pathway
to permanent residence or citizenship, individuals whose cases
are deferred will not be removed from the United States for a
two-year period, subject to renewal, and may also receive
employment authorization. To be considered for this process,
applicants must show that they meet certain conditions such as
having come to the United States before reaching their 16th
birthday, having continuously resided in the United States since
June 15, 2007, being currently in school or having completed
high school, or being an honorably discharged veteran, and not
having been convicted of a felony, significant misdemeanor, or
three or more misdemeanors.
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 ensures that those individuals who
qualify for the deferred action can obtain driver's licenses.
Existing law enables DMV to adopt regulations and procedures for
verifying that a driver's license applicant's presence in the U.
S. is authorized under federal law. According to the DMV, it
accepts a number of federal documents to verify an applicant's
legal presence in the country, and DMV does not indicate that
the new deferred action for childhood arrivals program should
pose any additional challenges to the verification process. In
light of this, it is unclear that the eligibility provisions of
this bill are necessary to implement the new federal changes.
2) Currently, a vehicle rental agency must follow security
procedures that help ensure that the vehicle renter is a valid,
licensed driver. Further, as an added check, the rental agency
is required to compare the person's driver's license signature
AB 2189
Page 5
with that of the person renting the vehicle. This bill would
allow a rental agency to approve a vehicle under the current
terms but also provide for an alternative procedure for renting
vehicles by allowing driver information to be verified
electronically.
The Hertz Corporation (Hertz), writing in support of this bill,
contends that current law requiring a valid identification card
to be presented at the time of the transaction and verified via
visual comparison of signatures is outdated and was implemented
in 1994, before photographs became standard on driver's
licenses. That law requires that the rental agent be physically
in the presence of the customer and visually compare the
signature on the license with that of the signature on the
contract. Hertz further indicates that "electronic innovations
such as kiosks where rental car transactions can occur while
retaining protections in existing law provide a face-to-face
interaction between rental agent and customer while not
requiring the physical presence of a rental agent. These new
kiosks will scan an ID, charge a credit card, provide
face-to-face assistance from a live operator, and are equipped
to check a driver's license. In addition, we currently request
that a customer hold up the driver's license to the camera to
compare the photo with the customer."
According to the author, this bill addresses transactions that
are completed through a kiosk by allowing an inspection of a
driver's license through electronic means. "This simple and
unobtrusive amendment will keep California current with advances
in technology and will allow Hertz to bring the benefits of its
innovation to the people of California."
Maintaining security - customer convenience: By allowing a
person to rent a vehicle via electronic means has comparisons
with interacting with an agent in person. The advantage that
this bill seeks to provide is speed and convenience of the
customer in the ability to process a car rental agreement
without waiting in line at the car rental delivery location.
Hertz contends that security protections from renters using
false identification to rent vehicles is basically the same
whether or not the renter is standing face-to-face either in
front of the rental agent or in front of the kiosk camera. A
car renter can easily provide a signature before a rental agent,
as required under current law that resembles the signature that
is signed on the false driver's license. This bill will have no
AB 2189
Page 6
effect on that type of illegal activity. According to Hertz,
the kiosk cameras and electronic conveyance of driver's license
information provides similar protections as if the renter were
processing the rental agreement in person, it just makes renting
more convenient.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093