BILL ANALYSIS �
AB 2189
Page 1
( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 2189 (Cedillo and Skinner)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |76-0 |(May 14, 2012) |SENATE: |25-7 |(August 29, 2012) |
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|COMMITTEE VOTE: |9-1 |(August 30, 2012) |RECOMMENDATION: |concur |
|(TRANS.) | | | | |
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Original Committee Reference: TRANS .
SUMMARY : 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; 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).
The Senate amendments :
1)Clarify, under certain circumstances, that conventional vehicle
rental companies can rent cars similar to existing car sharing
companies.
2)Allow 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.
3)Provide 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.
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4)Allow DMV to issue an original driver's license to a person
without an SSAN under the conditions described in 2) above.
5)Declare the intent of the Legislature that provisions 2), 3), and
4) 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.
EXISTING LAW :
1)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.
2)Requires applicants for driver's licenses and identification (ID)
cards to provide their Social Security SSANs and proof of their
legal presence to DMV.
3)Requires DMV to verify the legal presence of driver's license
applicants. Pending that verification, DMV may issue a temporary
license.
AS PASSED BY THE ASSEMBLY , this bill dealt only with the issue of
car rental agencies verifying driver's license information
electronically from remote locations via information kiosks.
FISCAL EFFECT : Unknown
COMMENTS : 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 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
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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 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.
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
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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 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 SB 976, DMV authorized a variety of
birth verification and 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 and 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 aliens 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
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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.)
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.
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093 FN:
0005850