BILL ANALYSIS Ó
AB 852
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 852 (Dickinson and Alejo)
As Amended August 5, 2014
Majority vote
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|ASSEMBLY: | |(September 9, |SENATE: |34-0 |(August 7, |
| | |2013) | | |2014) |
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(vote not relevant)
Original Committee Reference: HEALTH
SUMMARY : Prohibits a person from receiving financial
compensation for filling out a driver's license application for
another individual, as specified.
The Senate amendments delete the Assembly version of this bill
and instead:
1)Prohibit a person from receiving financial compensation for
the sole purpose of filling out a driver's license application
for another individual.
2)Provide that a person violating this prohibition is subject to
a civil penalty of up to $2,500 for each offense.
EXISTING LAW :
1)Prohibits a person from operating a motor vehicle unless the
person successfully obtains a Department of Motor Vehicles
(DMV) issued driver's license. Provides for limited
exceptions including operating farm machinery and off-highway
vehicles.
2)Authorizes DMV to issue driver's licenses to an applicant if
they provide a social security number, verification of
birthdate and legal presence, and a thumb print, in addition
to successfully passing a written and behind-the-wheel driving
test.
3)Requires DMV, beginning no later than January 1, 2015, to
issue a driver's license to an applicant who is ineligible for
a social security number if the applicant can provide
additional documentation, as specified. Further specifies
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that a driver's license issued to an applicant who is
ineligible for a social security number cannot be used for
identification purposes.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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 alternative forms of documentation, as specified.
Pursuant to the federal REAL ID Act, this particular type of
driver's license - otherwise known as a driver privilege (DP)
license - cannot be used for identification purposes, and DMV
must obtain approval of the DP license design from the United
States (U.S.) Department of Homeland Security (DHS) before it
may begin issuing DP licenses. DMV is in the process of
implementing this law which is required to be fully rolled out
by January 1, 2015.
The author introduced this bill in attempt to curb any potential
predatory document preparation service providers that may arise
from new AB 60 applicants unfamiliar with DMV processes. As
approximately 1.5 million AB 60 eligible individuals are
anticipated to apply for a DP license, numerous community-based
and public safety agencies are now issuing advisories on
unscrupulous document preparation agents that are advertising
that they can expedite the DMV process and/or that legal
assistance will be required to obtain a DP license. The author
asserts that provisions in this bill will serve as deterrents
against the misrepresentation that agents are necessary to fill
out an application and minimize the occurrence of fraud on AB 60
applicants. Moreover, the provisions in this bill do not
prevent an AB 60 applicant from receiving free assistance or as
part of additional services such as through driving schools or
driver's training courses. Rather, this bill simply prohibits a
person or business from charging an AB 60 applicant for the sole
purpose of completing a DP license application.
Over the years, the Legislature has passed similar legislation
aimed at curbing predatory practices against immigrants and
undocumented individuals. Most recently in the current
legislative session, AB 35 (Roger Hernández), Chapter 571,
Statutes of 2013, among other provisions, provides that only
immigration consultants, attorneys, notaries public, and
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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). AB 35 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. Additionally, AB
1159 (Gonzalez), 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
federal immigration reform act.
This bill was substantially amended in the Senate and the
Assembly-approved version of this bill was deleted. This bill,
as amended in the Senate, is inconsistent with Assembly actions
and the provisions of this bill, as amended in the Senate, have
not been heard in an Assembly policy committee.
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093
FN: 0004479