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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
CHAPTER 862
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2012
APPROVED BY GOVERNOR SEPTEMBER 30, 2012
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 30, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE AUGUST 7, 2012
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012

INTRODUCED BY Assembly Members Cedillo and Skinner
(Principal coauthor: Assembly Member Alejo)
(Principal coauthor: Senator Leno)
(Coauthors: Assembly Members Beall, Bonilla, Bradford, Charles
Calderon, Chesbro, Eng, Fong, Hall, Lara, Mitchell, Monning, V.
Manuel Pérez, Swanson, and Yamada)
(Coauthors: Senators Alquist, De León, and Yee)

FEBRUARY 23, 2012

An act to add Section 1936.5 to the Civil Code, and to amend
Sections 12801 and 14608 of, and to add Section 12801.6 to, the
Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2189, Cedillo. Vehicles: driver's licenses.
(1) Existing law requires the Department of Motor Vehicles to
issue driver's licenses to applicants who meet specified criteria and
provide the department with the required information. Existing law
requires the department 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
2 years, subject to renewal, and who will be eligible to apply for
work authorization.
This bill would allow 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 the
Department of Motor Vehicles if they meet all other qualifications
for licensure.
(2) 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.
This bill would delete the requirement that the signature of the
driver be written in his or her presence and would allow 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.
The bill would also exempt, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 1936.5 is added to the Civil Code, to read:
1936.5. A "rental company" as defined in paragraph (1) of
subdivision (a) of Section 1936 is not subject to the requirements of
Section 14608 of the Vehicle Code 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.
SEC. 2. Section 12801 of the Vehicle Code is amended to read:
12801. (a) Notwithstanding any other law, the department shall
require an application for a driver's license to contain the
applicant's social security account number and any other number or
identifier determined to be appropriate by the department.
(b) Notwithstanding subdivision (a), an applicant who provides
satisfactory proof that his or her presence in the United States is
authorized under federal law, but who is not eligible for a social
security account number, is eligible to receive an original driver's
license if he or she meets all other qualifications for licensure.
(c) Notwithstanding any other law, the social security account
number collected on a driver's license application shall not be
displayed on the driver's license including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.
SEC. 3. Section 12801.6 is added to the Vehicle Code, to read:
12801.6. (a) Any federal document demonstrating favorable action
by the federal government for acceptance of a person into the
deferred action for childhood arrivals program shall satisfy the
requirements of Section 12801.5.
(b) The department may issue an original driver's license to the
person who submits proof of presence in the United States as
authorized under federal law pursuant to subdivision (a) and either a
social security account number or ineligibility for a social
security account number.
SEC. 4. Section 14608 of the Vehicle Code is amended to read:
14608. (a) A person shall not rent a motor vehicle to another
person unless both of the following requirements have been met:
(1) The person to whom the vehicle is rented is licensed under
this code or is a nonresident who is licensed under the laws of the
state or country of his or her residence.
(2) The person renting to another person has inspected the driver'
s license of the person to whom the vehicle is to be rented and
compared either the signature thereon with that of the person to whom
the vehicle is to be rented or the photograph thereon with the
person to whom the vehicle is to be rented.
(b) This section does not prohibit a blind or disabled person who
is a nondriver from renting a motor vehicle if both of the following
conditions exist at the time of rental:
(1) The blind or disabled person either holds an identification
card issued pursuant to this code or is not a resident of this state.

(2) The blind or disabled person has a driver present who is
either licensed to drive a vehicle pursuant to this code or is a
nonresident licensed to drive a vehicle pursuant to the laws of the
state or country of the driver's residence.
SEC. 5. It is the intent of the Legislature in enacting Sections 2
and 3 of 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.