BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 214|
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                                 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  :    
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           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 

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             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)


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           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



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          JJA:do  8/15/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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