BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 214| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 214 Author: Davis (D) Amended: 8/15/11 in Senate Vote: 21 SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 8-0, 6/13/11 AYES: Price, Emmerson, Corbett, Hernandez, Negrete McLeod, Vargas, Walters, Wyland NO VOTE RECORDED: Correa SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent) - See last page for vote SUBJECT : Professional photocopiers SOURCE : California Association of Clerks and Election Officials DIGEST : This bill requires identification cards for employees of a professional photocopier or a partnership or corporation to include a photograph of the employee. Senate Floor Amendments of 8/15/11 conform the fee for an additional professional photocopier identification card, with the fee for an additional professional photocopier employee identification card. ANALYSIS : CONTINUED AB 214 Page 2 Existing Law : 1. Defines a professional photocopier as any person who for compensation obtains or reproduces documents under the Confidentially of Medical Information Act, the Information Practices Act of 1977, or the production of business records under the Evidence Code and has access to the information in those records while performing those duties. Requires a professional photocopier to register with the county clerk in the county in which his/her principal place of business is located. 2. Requires the county clerk of each county to maintain a register of, and assign a unique number to the professional photocopier. 3. Requires the county clerk to issue an identification card to each registrant, and provides that additional registration cards shall be issued to employees of professional photocopiers subject to a $10 fee. 4. Provides that the identification card issued to a professional photocopier must meet certain size requirements, contain specified information, and further provides that: A. The identification card must contain a photograph of the registrant. B. The identification card for a partnership or corporation shall not contain a photograph. This bill: 1. Requires the identification card for an employee of a professional photocopier or a partnership or corporation, to include a photograph of the employee, as specified. 2. Deletes the current fee of $10 for issuance of additional identification card for professional photocopies or employees of professional photocopies, and instead allows a county clerk charge a fee CONTINUED AB 214 Page 3 sufficient to cover their reasonable regulatory costs associated with the issuance of the additional cards. 3. Makes conforming changes. Background Professional photocopiers are employed by law firms, legal services or insurance companies that require access to documents for litigation or in conducting investigations. The professional photocopier is sent to obtain copies of documents and to transport and deliver them to the appropriate parties. Identification cards are needed because of the personal or confidential nature of the documents. Related Legislation SB 1491 (Business, Professions &Economic Development Committee), Chapter 415, Statutes of 2010, the Senate Business, Professions and Economic Development Committee's non-health omnibus bill, the provisions in this bill were in last year's SB 1491. However, the amendments were removed in the Assembly out of concern that there may be fiscal implications for the requirement to include a photograph on the identification card. AB 620 (John Perez), Chapter 458, Statutes of 2009, removes the requirement that identification cards issued to photocopying partnerships or corporations have a photograph on the lower left corner. The bill additionally revises the minimum size requirements for identification cards for unlawful detainer assistants, legal document assistants, and process servers, as well as for professional photocopiers. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/15/11) California Association of Clerks and Election Officials (source) CONTINUED AB 214 Page 4 ARGUMENTS IN SUPPORT : According to the author's office, this bill attempts to clarify legislative intent with regard to AB 620 (John Perez), Chapter 458, Statutes of 2009, and the issuance of professional photocopier identification cards to employees of corporations. AB 620 establishes new minimum size requirements and other changes to identification cards for a specified class of registered professions. Among its clean-up provisions, AB 620 deletes the requirement that a card issued to a corporation must contain a photograph, but the bill remains silent on whether an employee identification card must contain a photo. The author's office indicates that as amended by AB 620, the law is silent regarding whether to include a photograph on the identification card of an employee of a corporation needed to act as a professional photocopier on behalf of the corporation. According to the author's office, counties are interpreting the Code both ways, and issuing cards with and without photographs statewide. This is causing issues for professional photocopiers, who are being faced with difficulties establishing their identity and qualifications while using the cards that do not have photographs, according to the author's office. ASSEMBLY FLOOR : AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio, Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell, Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino, Torres CONTINUED AB 214 Page 5 JJA:do 8/15/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED