BILL ANALYSIS Ó AB 852 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 852 (Dickinson and Alejo) As Amended August 5, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(May 29, 2013) |SENATE: |34-0 |(August 7, | | | | | | |2014) | ----------------------------------------------------------------- (vote not relevant) ------------------------------------------------------------------------ |COMMITTEE VOTE: |16-0 |(August 18, 2014) |RECOMMENDATION: |concur | |(Trans.) | | | | | ------------------------------------------------------------------------ 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. AB 852 Page 2 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 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, AB 852 Page 3 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). 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: 0004945