BILL ANALYSIS
AB 811
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 811 (John A. Perez) - As Amended: May 5, 2009
Policy Committee: Banking and
Finance Vote: 11-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill increases penalties for manufacturing false
identification cards and makes changes to existing law with
respect to check cashers. Specifically, the bill:
1)Increases the punishment for manufacturing or selling an
identification document substantially similar to the ID cards
issued by the Department of Motor Vehicles. Existing law
provides for a $1,000 fine, which cannot be waived, and 24
hours of community service. This bill provides for a $1,000
fine, 24 hours of community service, and, at the discretion of
the court, up to one year in the county jail. No part of the
fine or community service can be waived.
2)Prohibits a check casher from selling ID cards other than the
optional check cashing authorized under existing law, from
misrepresenting the use of the optional check cashing card, or
from charging an additional fee (beyond the currently
authorized $10 set up-fee) for the optional card.
FISCAL EFFECT
Minor and absorbable enforcement costs to the Department of
Corporations. Local costs, if any, are not reimbursable.
COMMENTS
1)Background . Current law defines a "check casher" as an entity
that, for compensation, engages in the business of cashing
checks, warrants, drafts, money orders, or other commercial
paper. "Check casher" does not include a state or federally
AB 811
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chartered bank, savings association, credit union, or
industrial loan company. Existing law also regulates fees that
may be charged by these entities for cashing checks to the
greater of $3.00 or 3% of the amount of the check if ID is
provided by the customer or 3.5% without ID. A check casher
may charge a fee of up to $10 to set up an account and issue
an optional identification card for the services.
2)Purpose . This bill is intended to place tighter restrictions
on the sale and representation of check cashing cards, and
increase penalties for illegal manufacturing of false
identification. The author believes these changes are
necessary in light of the marketing of false ID's by some
individuals associated with the check cashing industry.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081