BILL ANALYSIS �
AB 852
Page 1
Date of Hearing: August 18, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 852 (Dickinson) - As Amended: August 5, 2014
SUBJECT : Driver's licenses: applications
SUMMARY : Prohibits a person from receiving financial
compensation for filling out a driver's license application for
another individual, as specified. Specifically, this bill :
1)Prohibits 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
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 : Unknown
COMMENTS : AB 60, Chapter 524, Statutes of 2013, requires DMV to
issue a driver's license to an individual who is ineligible for
AB 852
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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 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, 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). 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, Chapter 574, Statutes of 2013, among
other provisions, prohibits immigration services providers from
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demanding or accepting advance payment from an individual for
immigration reform act services, before the enactment of any
federal immigration reform act.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union of California
California Catholic Conference
California Immigrant Youth Justice Alliance
Coalition for Humane Immigrant Rights of Los Angeles
Placer People of Faith Together
Service Employees International Union, Local 1000
Opposition
None on file
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093