BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 811
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          ASSEMBLY THIRD READING
          AB 811 (John A. Perez)
          As Amended  May 5, 2009
          Majority vote 

           BANKING & FINANCE   11-0        APPROPRIATIONS      16-0         
           
           ----------------------------------------------------------------- 
          |Ayes:|Nava, Gaines, Anderson,   |Ayes:|De Leon, Nielsen,         |
          |     |Evans, Fong, Fuentes,     |     |Ammiano,                  |
          |     |Mendoza, Ruskin, Swanson, |     |Charles Calderon, Davis,  |
          |     |Torres, Tran              |     |Duvall, Krekorian, Hall,  |
          |     |                          |     |Harkey, Miller,           |
          |     |                          |     |John A. Perez, Price,     |
          |     |                          |     |Skinner, Solorio, Audra   |
          |     |                          |     |Strickland, Torlakson,    |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Makes clarifying changes to the checking cashing law  
          related to identification documents.  Specifically,  this bill  :  

          1)Prohibits a check casher from requiring a customer to purchase a  
            check cashing identification card to access services or  
            misrepresent the use of their identification card.  

          2)Prohibits a check casher from requiring additional fees for  
            issuing an optional identification card.  

          3)Prohibits a check casher from selling any other form of  
            identification other than what is permitted to access check  
            cashing services.  

          4)Enhances penalties for making false identification cards to  
            $1,000, 24 hours of community service, and, in the court's  
            discretion, imprisonment in the county jail for not more than  
            one year.

          5)Specifies that no part of the fine or community service shall be  
            suspended or waived.  

           EXISTING LAW  : 

          1)Defines a "check casher" as a person or entity that for  
            compensation engages, in whole or in part, in the business of  







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            cashing checks, warrants, drafts, money orders, or other  
            commercial paper serving the same purpose.  "Check casher" does  
            not include a state or federally chartered bank, savings  
            association, credit union, or industrial loan company.  [Civil  
            Code Section 1789.31]

          2)Requires check cashers to obtain a permit from the Department of  
            Justice (DOJ). [Civil Code, Section 1789.37]

          3)Allows a check casher to charge a fee of no more than $10 to set  
            up an initial account and issue an optional identification card  
            for providing check cashing services.  A replacement  
            identification card may be issued at a cost not to exceed $5.  
            [Civil Code, Section 1789.35(b)]

          4)Prohibits any person from manufacturing or selling an  
            identification document of a size and form substantially similar  
            to the identification cards or drivers licenses issued by the  
            Department of Motor Vehicles.  Provides that a violation of  
            these provisions is a misdemeanor punishable by a fine of  
            $1,000, which shall not be suspended, and the person is required  
            to perform not less than 24 hours of community service during  
            hours when the person is not employed and is not attending  
            school.  [Vehicle Code Sections 13004.1 and 14610.1]

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor and absorbable enforcement costs to the  
          Department of Corporations (DOC).  Local costs, if any, are not  
          reimbursable.

           COMMENTS  :  California established the Check Casher Permit Program  
          in 1995, regulated by the DOJ.  Every owner of a check cashing  
          business is required by law to obtain a permit from the DOJ.    
          While not assuring that a company is reputable, a valid permit  
          signals that the check casher business has at least followed the  
          law to be licensed.  Check cashing businesses in the state are  
          required to post for clear public viewing a complete, detailed and  
          unambiguous schedule of all fees for cashing checks, drafts, money  
          orders or other commercial paper and for the initial issuance of  
          any identification card.  Consumers also must be able to clearly  
          view a posted list of valid identification that is acceptable in  
          lieu of identification issued by the check casher.  A check casher  
          basically engages in the business of cashing checks, warrants,  
          money orders or similar commercial paper for a fee.  The check  
          casher law does not apply to state and federally chartered banks,  







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          savings associations, credit unions and industrial loan companies.  
           Also excluded are retail stores that may incidentally charge a  
          fee not exceeding $2 to cash checks or money orders as a service  
          to customers.

          Currently, check cashers are allowed to distribute identification  
          cards for customers to access checking cashing services.  These  
          cards are suppose to be used in case a customer does not have any  
          other form of identification.  Since, a lot of customers are those  
          without bank accounts and drivers's license, check cashers  
          consider another from of identifiaction necessary.  The  
          identification has a picture, name, address, sex, hair, eyes,  
          height, weight, date of birth, social security number (optional),  
          date issued, signature and right thumbprint. Photo identification  
          is used as primarily secondary forms of Identification or for a  
          person to be identified in the case of an emergency.

           Need for bill  :  According to the author's office, "Check cashers  
          regularly sell identification cards so that customers may be able  
          to access services.  This practice is necessary if a customer has  
          no other form of identification, but some check cashing facilities  
          do coerce or compel people into purchasing identification cards.   
          These check cashing facilities target non-English proficient  
          people and advertise the sale of identification cards to this  
          vulnerable population.  There are even cases where they advertise  
          the sale of identification that they claim is a valid California  
          Identification Card or California Drivers License.  Since these  
          facilities target non-English proficient people, the consumers are  
          misled into purchasing fraudulent identification.  
           
          This bill removes any ambiguity in law by not permitting check  
          cashers to sell anything other than an optional identification  
          card intended to access service."

           Previous legislation  :  AB 1658 (Runner) Chapter 743, Statutes of  
          2007, increased the fine for manufacturing false identification  
          and licenses from $500 to $1000 and added 24 hours of community  
          service to be performed while the violator was not attending  
          school or employed at a school.  
           

          Analysis Prepared by  :    Kathleen O'Malley / B. & F. / (916)  
          319-3081









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