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california legislation > AB 2189

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AB 2189 (Skinner)
As Amended April 16, 2012
Majority vote


|Ayes:|Bonnie Lowenthal, | | |
| |Jeffries, Achadjian, | | |
| |Blumenfield, Bonilla, | | |
| |Buchanan, Eng, Carter, | | |
| |Galgiani, Miller, Norby, | | |
| |Portantino, Solorio | | |
| | | | |
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.

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 or her presence.

FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.

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 be presented at the time of the transaction and verified via

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visual comparison of signatures is outdated and was implemented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.

Analysis Prepared by
: Ed Imai / TRANS. / (916) 319-2093

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