BILL ANALYSIS �
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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 P�rez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hern�ndez, 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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