BILL ANALYSIS
AB 620
Page 1
ASSEMBLY THIRD READING
AB 620 (John A. Perez)
As Introduced February 25, 2009
Majority vote
BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS 11-0
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|Ayes:|Hayashi, Conway, Eng, |Ayes:|De Leon, Ammiano, Charles |
| |Hernandez, Nava, Niello, | |Calderon, Davis, Fuentes, |
| |John A. Perez, Price, | |Hall, John A. Perez, |
| |Ruskin | |Price, Skinner, Solorio, |
| | | |Torlakson |
|-----+--------------------------+-----+---------------------------|
| | | | |
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SUMMARY : Establishes new minimum size requirements and other
changes to identification (ID) cards for a specified class of
registered professionals. Specifically, this bill :
1)Changes the minimum size required of ID cards issued to legal
document assistants (LDAs), unlawful detainer assistants
(UDAs), registered process servers, and professional
photocopiers to 3 by 2 inches.
2)Deletes the ability to get duplicate cards for employees of
LDAs and UDAs for $10 per card.
3)Specifies that ID cards issued to partnerships or corporations
be issued in the name of the partnership or corporation,
without a photograph.
4)Requires the name of the partnership or corporation on the ID
card of a photocopier's employee.
5)Specifies that a county clerk is not required to retain any
returned notice of pending expiration that is returned as
undeliverable by the United States Postal Service.
6)Requires the application for registration of a natural person
as a professional photocopier to be signed by the applicant
under penalty of perjury.
7)Requires written confirmation from a notary authorizing the
AB 620
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use of his or her commission for registration if someone other
that the notary is using it.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there are no significant costs associated with this
legislation.
COMMENTS : According to the author's office, "County clerks are
faced with inflexible provisions in state law that prevents
clerks from operating efficiently. County clerks need more
latitude with respect to state requirements for recordkeeping
and registration and ineffective requirements need to be removed
from state law. Many of these inflexible state provisions place
blanket requirements on all counties that have proven to be
unresponsive to the needs or unique characteristics of each
county. AB 620 makes various technical changes intended to
clean up the Business and Professions Code by updating several
sections pertaining to county clerks."
Currently, ID card size specifications vary among LDAs, UDAs,
registered process servers, and professional photocopiers.
Several counties have begun using new technology to produce ID
cards similar to credit cards that are more secure because the
individual's photo is digitized on the ID card. The sponsor
comments that creating minimum size specification for all of the
ID cards to be at least 3 by 2 inches will (both electronically
and manually) enable counties to make ID cards consistent across
all registrations, and allow the card to easily fit into a
wallet.
While current law requires all individual ID cards to contain a
photograph, the law is silent on whether the photography
requirement applies to a partnership or corporation. Current
practice does not require photographs to be included on
partnership or corporation ID cards because the card is issued
in the name of the partnership or corporation, rather than the
name of the partner or corporate officer. This bill aligns the
law with current practice.
Currently, LDAs and UDAs must meet specific educational
requirements when applying for an ID card that requires
professional registration. Existing law requires the issuance
of additional cards for employees of LDAs and UDAs upon payment
of $10. This has caused confusion in many counties, as some LDA
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and UDA employees interpret that to mean they can pay $10 for a
card that allows them to perform the functions of a LDA or UDA.
The sponsor states that removing the language allowing employee
ID cards will eliminate this confusion.
Currently, the application for registration for a professional
photocopier for a natural person (as opposed to a group or
entity such as a corporation) requires an applicant to provide:
his or her contact information, prior criminal record, and
affirmation of compliance with legal requirements pertaining to
confidential records. The law is unclear as to whether an
applicant must sign the application to verify the statements are
accurate. The sponsor states that a signature requirement will
make applications for all professional registrations consistent.
Counties need a uniform way to review the authority of a
borrowed notary commission. Some counties currently require
written authorization from the notary allowing the use and this
bill would make that practice standard. The sponsor states that
this change would make the process consistent in all counties,
and give counties, the notary, and the applicant the security of
knowing that the use of a notary commission to qualify for
registration as a professional photocopier is official.
Currently, professional photocopier registrations are the only
professional registration that issues an employee ID card
without requiring the employee to file a separate employee
registration. These employee ID cards are issued using the
registration number of the individual, partnership, or
corporation authorizing the issuance of the ID card. The
sponsor states that, "Adding a requirement that the
(photocopier) ID card include 'employee of....and the name of
the employer' will clearly show under whose registration the
employee is being issued an ID card, and that the registration
is for their employer, not themselves."
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301
FN: 0000576