BILL ANALYSIS �
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
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 Hern�ndez), Chapter 571, Statutes of 2013,
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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
FN: 0004945