BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 811| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 811 Author: John A. Perez (D) Amended: 7/23/09 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 7/14/09 AYES: Leno, Benoit, Hancock, Huff, Steinberg, Wright NO VOTE RECORDED: Cedillo SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 79-0, 5/26/09 - See last page for vote SUBJECT : Check cashing business: identification cards and related documents SOURCE : Author DIGEST : This bill (1) prohibits a check casher from requiring a customer to use an identification card issued by the check casher, (2) prohibits a check casher from selling any form of identification other than a card for use only at that business, and (3) provides that the penalties for making a false Department of Motor Vehicle-style identification card, may include a jail term of up to one year. ANALYSIS : Existing law defines a "check casher" as a person or entity that for compensation engages, in whole or CONTINUED AB 811 Page 2 in part, in the business of 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. (Section 1789.31 of the Civil Code) Existing law requires check cashers to obtain a permit from the Department of Justice (DOJ). (Section 1789.37 of the Civil Code) Existing law 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. (Section 1789.35(b) of the Civil Code) This bill prohibits a check casher from requiring a customer to purchase a check cashing identification card to access services. This bill prohibits check cashers from selling any other form of identification other than what is permitted to access check cashing services. Existing law provides that any person who falsely personates another person in his or her private or official capacity is guilty of an alternate felony-misdemeanor. False personation generally involves subjecting the person whose identity was assumed to prosecution, suit or to pay a debt. (Section 529 of the Penal Code) Existing law provides that it is an alternative felony-misdemeanor for a person to willfully obtain the personal identifying information of another person and to use such information to obtain, or attempt to obtain, credit, goods, or services in the name of the other person without consent. (Section 530.5(a) of the Penal Code) Existing law defines "personal identifying information" to mean name, address, mother's maiden name, place of employment, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or CONTINUED AB 811 Page 3 iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, following identifying numbers: telephone, health insurance, credit card, taxpayer identification, school identification, state or federal driver's license, state or federal identification number, social security, employee identification number, professional or occupational, demand deposit account, savings account, checking account, PIN or password, alien registration, government passport, or any form of identification that is equivalent to those listed above. (Section 530.55 of the Penal Code) Existing law provides that every person who, with the intent to defraud, acquires or retains possession of the personal identifying information of another person, and who has previously been convicted of a violation of provisions proscribing identity theft, or who, with the intent to defraud, acquires or retains possession of the personal identifying information of 10 or more other persons, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison. (Section 530.5(b)(3) of the Penal Code) Existing law provides that any person who, with intent to defraud, sells, transfers, or conveys the personal identifying information of another person shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison. Further, any person who, with actual knowledge that the personal identifying information of a specific person will be used in violation of identity theft provisions who sells, transfers, or conveys that personal identifying information shall be punished by a fine or by both a fine and imprisonment, or by imprisonment in the state prison. (Section 530.5(d) of the Penal Code) Existing law prohibits any person from manufacturing or selling an identification document of a size and form substantially similar to the identification cards or CONTINUED AB 811 Page 4 driver's licenses issued by the Department of Motor Vehicles (DMV). A violation of these provisions is a misdemeanor, punishable by a fine of $1,000, "no part of which shall be suspended." The convicted person "shall [also] be required to perform not less than 24 hours of community service during hours when the person is not employed and is not attending school." (Sections 13004.1 and 14610.1 of the Vehicle Code) This bill provides that a violation of these provision changes the punishment for that crime to a fine between $250 and $1,000, 24 hours of community service, and, in the court's discretion, imprisonment in a county jail for not more than one year. This bill also provides that the court may place the defendant on probation, with conditions that include, but are not limited to, a fine and community service. This bill provides that no part of the fine or community service shall be suspended or waived. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/18/09) California Immigrant Policy Center Consumer Federation of California ARGUMENTS IN SUPPORT : 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 CONTINUED AB 811 Page 5 identification card intended to access service." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass NO VOTE RECORDED: DeVore RJG:mw 8/19/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED