BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 852|
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THIRD READING
Bill No: AB 852
Author: Dickinson (D) and Alejo (D), et al.
Amended: 8/5/14 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 6/24/14
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Drivers licenses applications: financial
compensation
SOURCE : Author
DIGEST : This bill prohibits an individual from receiving
financial compensation for filling out a drivers license
application for another person.
ANALYSIS :
Existing law:
1. Requires all drivers to hold a California driver's license in
order to drive in this state, with limited exceptions such as
operation of farm machinery and off-road highway vehicles.
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2. Authorizes the state Department of Motor Vehicles (DMV) to
issue driver's licenses and identification cards. In order
to obtain a driver's license or identification card, an
individual must provide, among other things, a social
security number, verification of birthdate and legal presence
in the United States, and a thumb print.
3. Requires DMV, beginning January 2015 or upon approval by the
U.S. Department of Homeland Security, to issue a driver's
license to an individual who is ineligible for a social
security number if the individual can provide additional
documentation, as specified. These licenses are commonly
referred to as "driving privilege only" (DP) licenses,
because they cannot be used for identification purposes.
This bill prohibits any individual from receiving financial
compensation for the sole purpose of filling out an original
driver's license application for another person, subject to a
civil penalty of $2,500 maximum for each offense.
Background
AB 60 (Alejo, Chapter 524, Statutes of 2013) requires DMV to
issue a driver's license to an individual who is ineligible for
a social security number if the individual can provide
additional documentation, as specified. Pursuant to the federal
REAL ID Act, the DP license cannot be used for identification
purposes, and DMV must obtain approval on the license design
from the U.S. Department of Homeland Security before it may
begin issuing the DP license. DMV is in the process of
implementing this law and expects to begin issuing DP licenses
in January 2015.
AB 60 includes a provision allowing an applicant who is unable
to provide satisfactory proof of legal presence in the U.S. to
sign an affidavit attesting that he/she is ineligible for a
social security number and unable to provide proof of legal
presence. AB 60 requires DMV to accept this affidavit in lieu
of a social security number and specifies that the affidavit is
not public record. In response to concerns raised by
immigrants' rights groups, the author amended AB 60 to strike
the specific penalty for anyone perjuring on an affidavit and to
further protect those applying for DP licenses.
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SB 853 (Senate Budget and Fiscal Review Committee, Chapter 27,
Statutes of 2014) allows an applicant to use the DMV driver's
license application to declare that he/she has never been issued
a social security number or is not presently eligible for one.
SB 853 thus protects DP applicants by not requiring them to sign
an affidavit that potentially causes an applicant to perjure
himself/herself. Similarly, this bill provides protections to
those applying for DP licenses by ensuring they are not charged
for assistance with filling out the application.
Related legislation
AB 35 (Hernandez, Chapter 571, Statutes of 2013), among other
provisions, provides that only immigration consultants,
attorneys, notaries public, and organizations accredited by the
U.S. Board of Immigration Appeals (U.S. BIA) shall be authorized
to charge clients or prospective clients fees for providing
consultations, legal advice, or notary public services
associated with filing an application for the federal Deferred
Action for Childhood Arrivals Program (DACA). It also prohibits
U.S. BIA-accredited entities from participating in price gouging
practices when a client or prospective client solicits services
associated with filing a DACA application.
AB 1159 (Gomez, Chapter 574, Statutes of 2013), among other
provisions, prohibits immigration services providers from
demanding or accepting advance payment from an individual for
immigration reform act services, before the enactment of any
immigration reform act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/5/14)
American Civil Liberties Union
California Catholic Conference
California Immigrant Policy Center
California Immigrant Youth Justice Alliance
Coalition for Humane Immigration Rights of Los Angeles
Placer People of Faith Together
Sacramento Area Congregation Together
SEIU Local 1000
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ARGUMENTS IN SUPPORT : The author's office states that DMV, as
well as some community groups, have seen an alarming trend in
agents who claim that additional fees must be paid to the agent
to fill out an individual's application or to obtain materials
that are in reality readily available through the DMV. In
response, DMV has included on their informational flyers a
statement that one does not need to pay an agent for information
services. The author's office notes that one case of such fraud
has already been documented in the San Jose area, and the San
Jose Police Department has issued a bulletin warning the
community of unscrupulous operators posing as lawyers or DMV
staff. The author's office states that immigrants who are not
familiar with government services are vulnerable to paying for
unnecessary consultations or assistance for a new government
services (e.g., DP licenses). Just as the Legislature has
previously restricted attorneys and immigrant consultants from
charging for reform act services prior to the passage of
comprehensive immigration reform, or regulating advertising of
insurance brokers, this bill seeks to minimize predatory
behavior aimed at a vulnerable population.
JA:d 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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