BILL ANALYSIS �
SENATE TRANSPORTATION & HOU.S.ING COMMITTEE BILL NO: ab 852
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: DICKINSON
VERSION: 6/15/14
Analysis by: Erin Riches FISCAL: YES
Hearing date: June 24, 2014
SUBJECT:
Driver's license applications: financial compensation
DESCRIPTION:
This bill prohibits an individual from receiving financial
compensation for filling out a driver's license application for
another individual.
ANALYSIS:
Existing law generally 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.
Existing law 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
U.S., and a thumb print.
Existing law 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 individual, subject to
a civil penalty of $2,500 maximum for each offense.
COMMENTS:
AB 852 (DICKINSON) Page 2
1.Purpose . The author 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 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 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.
2.Background: AB 60 . 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 or 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.
SB 853 (Committee on Budget and Fiscal Review), the
transportation trailer bill currently awaiting the Governor's
AB 852 (DICKINSON) Page 3
signature, allows an applicant to use the DMV driver's license
application to declare that he or 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 would potentially cause an applicant to
perjure himself or herself. Similarly, this bill would
provide protections to those applying for DP licenses by
ensuring they are not charged for assistance with filling out
the application.
3.What if an applicant wants help with the application ? This
bill prohibits an individual from charging a fee for the sole
purpose of completing a driver's license application. The
author notes that this bill does not prohibit assistance to
complete an application in the context of other benefits; for
example, a driving school may provide training and test
preparation for a driver's license and, as part of the class,
guide pupils through filling out an application.
4.Bill history . This bill originally pertained to the State Bar
of California, but the author amended it on June 15, 2014, to
relate to driver's licenses. Because of these amendments, the
Senate Rules Committee referred this bill from the Senate
Judiciary Committee to this committee.
RELATED LEGISLATION:
Last year, the Legislature passed and Governor Brown signed two
bills aimed at curbing predatory practices against immigrants:
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
AB 852 (DICKINSON) Page 4
immigration reform act services, before the enactment of any
immigration reform act.
Assembly Votes not relevant
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 18,
2014.)
SUPPORT: California Immigrant Policy Center
OPPOSED: None received.