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california legislation > AB 2189

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SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2189
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: cedillo
VERSION:
8/24/2012
Analysis by: Eric ThronsonFISCAL: yes
Hearing date: August 28, 2012



SUBJECT:

Driver's licenses

DESCRIPTION:

This bill allows a vehicle rental company to verify a renter's
identity by comparison of the driver's 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.

ANALYSIS:

Existing law defines a rental company as a person or entity in
the business of renting passenger vehicles to the public.
Besides traditional car rental companies at airports and other
commercial locations, new business models have emerged such as
the development of a new car rental business model knowing as
"car sharing." A person who wishes to use the services of a car
sharing program does not have to go into a rental car company's
office; he or she may sign up for membership online, and after
the company checks the person's driving record, is provided with
a card which enables the person to rent a vehicle on an hourly
or daily basis. As such, reservations for a car can be made by
simply going online or using a mobile phone application.

Existing law requires any rental company to verify that the
driver seeking to rent a vehicle is licensed within the state or
country he or she lives. The company is required also to
inspect the driver's license of the renter and verify his or her
identity by comparing the signature on the license with the
signature of the individual renter.





AB 2189 (CEDILLO) Page 2




Before issuing an original driver's license or identification
card, existing law requires the Department of Motor Vehicles
(DMV) to both obtain an applicant's social security number and
verify that his or her presence in this country is authorized
under federal law. If an applicant provides proof of his or her
presence with a document that expires before the issued driver's
license would otherwise expire, such as a limited time work
visa, the DMV matches the expiration date on the license with
the date on the verification document.

On June 15, 2012, President Obama signed an executive order
regarding the deferred action for childhood arrivals process,
allowing undocumented immigrants who came to the United States
as children to remain legally in the country. The policy, while
not granting permanent legal status, allows these young
immigrants to work legally and obtain driver's licenses and
other documents. The order states that the Department of
Homeland Security will no longer initiate the deportation of
immigrants who came to the US before age 16, have lived here for
at least five years, and are either in school, are high school
graduates, or are military veterans in good standing. The
immigrants must also not be older than 30 and have clean
criminal records. Those who qualify will be eligible to receive
deferred action for two years, subject to renewal.

This bill allows a rental company to verify a renter's identity
by comparison of the driver's license photograph to the driver
renting the vehicle, instead of comparison of the renter's
signature to the signature on the license. Additionally, this
bill creates an exemption from the verification requirement for
a rental company that is located remotely, such as a car-sharing
business.

Finally, this bill clarifies 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. Further, this bill specifies
that a person providing documentation demonstrating acceptance
into the federal deferred action for childhood arrivals program
meets the requirement of legal presence verification and is
eligible to obtain a driver's license in California.

COMMENTS:

1.Purpose . According to proponents, this bill modernizes
existing law requirements for verifying that a person seeking




AB 2189 (CEDILLO) Page 3




to rent a car is properly licensed and keeps California
current with advances in technology by allowing rental car
companies to utilize innovative car rental business models.

In addition, 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.

2.Background . This bill was amended on August 24, 2012, on the
Senate floor to include the language involving the eligibility
of driver's license applicants. Prior hearings and related
votes involved only the rental car provisions of this bill.
This committee will be the first to vote on the bill with the
driver's license eligibility provisions.

3.Are the eligibility provisions necessary ? Existing law
enables DMV to adopt regulations and procedures for verifying
that a driver's license applicant's presence in the US 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.

4.Concurrence hearing . This bill was referred to the committee
under Senate Rule 29.10 in order for the committee to review
the new subject matter of this bill. On a concurrence hearing
such as this, the committee may only take one of two actions:
1) hold the bill; or 2) return the bill to the Senate Floor
for concurrence in Assembly amendments.

Vote History:
Senate Judiciary: 5 - 0
Assembly Floor: 76 - 0
Assembly Trans: 13 - 0

POSITIONS: (Communicated to the committee before noon on




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Monday, August 27, 2012 )

SUPPORT: None received.

OPPOSED: None received.