California 2011 2011-2012 Regular Session

California Assembly Bill AB2189 Amended / Bill

Filed 08/21/2012

 BILL NUMBER: AB 2189AMENDED BILL TEXT 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 Member Skinner FEBRUARY 23, 2012 An act to add Section 1936.5 to the Civil Code, and to amend Section 14608 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2189, as amended, Skinner. Vehicles: rentals: driver's licenses. 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  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 through a membership agreement electronically on either an hourly or daily basis   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 lo   cation's regular hours of operation  . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 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  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 through a membership agreement electronically on either an hourly or daily basis   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 remot   e location, or at a business location of the rental company outside of that location's regular hours of operation  . SEC. 2. 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.