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:  |     |(May 29, 2013)  |SENATE: |34-0 |(August 7,     |
        |           |     |                |        |     |2014)          |
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             (vote not relevant)


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        |COMMITTEE VOTE:  |16-0 |(August 18, 2014)   |RECOMMENDATION: |concur    |
        |(Trans.)         |     |                    |                |          |
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        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
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        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
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        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 


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