Bill Text: CA AB811 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Identification documents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB811 Detail]

Download: California-2009-AB811-Amended.html
BILL NUMBER: AB 811	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN SENATE  JUNE 16, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009

INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 26, 2009

   An act to amend Sections 1789.30 and 1789.35 of the Civil Code,
and to amend Sections 13004.1 and 14610.1 of the Vehicle Code,
relating to identification documents.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 811, as amended, John A. Perez. Identification documents.
   Existing law prohibits a check casher from charging a fee of more
than $10 to set up an initial account and issue an optional
identification card for providing check cashing services.
   This bill would prohibit a check casher from selling any
identification card other than that optional check cashing
identification card. The bill would also prohibit a check casher from
requiring a customer to purchase a check cashing identification card
to access services or from misrepresenting the use of that
identification card. The bill would make related changes.
   Existing law prohibits any person from manufacturing or selling an
identification document of a size and form substantially similar to
the identification cards issued by the Department of Motor Vehicles.
Existing law provides that a violation of that provision is a
misdemeanor punishable by a fine of $1,000, which shall not be
suspended, and the person is required to perform not less than 24
hours of community service during hours when the person is not
employed and is not attending school.
   This bill would  increase   change  the
punishment for that crime to a fine  of  
between $250 and  $1,000, 24 hours of community service, and, in
the court's discretion, imprisonment in a county jail for not more
than one year.  The bill would also provide that the court may
place the defendant on probation, with conditions that include, but
are not   limited to,   a fine and community
service.  The bill would provide that no part of the fine or
community service shall be suspended or waived. Because this bill
would change the penalty for an existing crime, it would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1789.30 of the Civil Code is amended to read:
   1789.30.  (a) (1) Every check casher, as applicable to the
services provided, shall post a complete, detailed, and unambiguous
schedule of all fees for (A) cashing checks, drafts, money orders, or
other commercial paper serving the same purpose, (B) the sale or
issuance of money orders, and (C) the initial issuance of any
identification card for accessing check cashing services as described
in subdivision (b) of Section 1789.35. Each check casher shall also
post a list of valid identification which is acceptable in lieu of
identification provided by the check casher. The information required
by this section shall be clear, legible, and in letters not less
than one-half inch in height. The information shall be posted in a
conspicuous location in the unobstructed view of the public within
the check casher's premises.
   (2) A check casher may be required to file a return required by
Section 18631.7 of the Revenue and Taxation Code.
   (b) (1) Except as provided in paragraph (2), this section shall
become operative December 31, 2004.
   (2) (A) Except as provided in subparagraph (B), paragraph (2) of
subdivision (a) shall apply to checks cashed on or after January 1,
2006.
   (B) The amendments to this section made by the act adding this
subparagraph shall become operative on January 1, 2008.
  SEC. 2.  Section 1789.35 of the Civil Code is amended to read:
   1789.35.  (a) A check casher shall not charge a fee for cashing a
payroll check or government check in excess of 3 percent if
identification is provided by the customer, or 3.5 percent without
the provision of identification, of the face amount of the check, or
three dollars ($3), whichever is greater. Identification, for
purposes of this section, is limited to a California driver's
license, a California identification card, or a valid United States
military identification card. A check casher shall not sell any
identification card except as provided in subdivision (b).
   (b) A check casher may charge a fee of no more than ten dollars
($10) to set up an initial account and issue an optional
identification card for providing check cashing services. A
replacement optional identification card may be issued at a cost not
to exceed five dollars ($5). A check casher shall not require a
customer to purchase a check cashing identification card to access
services, and it shall not misrepresent the use of that
identification card.
   (c) A check casher shall provide a receipt to the customer for
each transaction.
   (d) A check casher may charge a fee for cashing a personal check,
as posted pursuant to Section 1789.30, for immediate deposit in an
amount not to exceed 12 percent of the face value of the check.
   (e) Any person who violates any provision of this section shall be
liable for a civil penalty not to exceed two thousand dollars
($2,000) for each violation, which shall be assessed and recovered in
a civil action brought in the name of the people of the State of
California by the Attorney General in any court of competent
jurisdiction. Any action brought pursuant to this subdivision shall
be commenced within four years of the date on which the act or
transaction upon which the action is based occurred.
   (f) A willful violation of this section is a misdemeanor.
   (g) Any person who is injured by any violation of this section may
bring an action for the recovery of damages, an equity proceeding to
restrain and enjoin those violations, or both. The amount awarded
may be up to three times the damages actually incurred, but in no
event less than the amount paid by the aggrieved consumer to a person
subject to this section. If the plaintiff prevails, the plaintiff
shall be awarded reasonable attorney's fees and costs. If a court
determines by clear and convincing evidence that a breach or
violation was willful, the court, in its discretion, may award
punitive damages in addition to the amounts set forth above.
   (h) This section shall become operative December 31, 2004.
  SEC. 3.  Section 13004.1 of the Vehicle Code is amended to read:
   13004.1.  (a) No person shall manufacture or sell an
identification document of a size and form substantially similar to
the identification cards issued by the department. 
   (b) A violation of this section is a misdemeanor and shall be
punished by a fine of one thousand dollars ($1,000), 24 hours of
community service, and, in the court's discretion, imprisonment of
not more than one year in a county jail. No part of the fine or
community service shall be suspended or waived.  
   (b) A violation of this section is a misdemeanor and shall be
punished as follows:  
   (1) The court shall impose a fine between two hundred fifty
dollars ($250) and one thousand dollars ($1,000), inclusive, and 24
hours of community service, during hours when the person is not
employed or is not attending school. No part of the fine or community
service shall be suspended or waived.  
   (2) In lieu of the penalties in paragraph (1) the court, in its
discretion, may impose a jail term of up to one year and a fine of up
to one thousand dollars ($1,000). In exercising its discretion the
court shall consider the extent of the defendant's commercial
motivation for the offense.  
   (3) The court may place the defendant on probation with conditions
that include, but are not limited to, a fine and community service.
 
   (c) Prosecution under this section shall not preclude prosecution
under any other applicable provision of law. 
  SEC. 4.  Section 14610.1 of the Vehicle Code is amended to read:
   14610.1.  (a) No person shall manufacture or sell an
identification document of a size and form substantially similar to
the  drivers'   driver's  licenses issued
by the department. 
   (b) A violation of this section is a misdemeanor and shall be
punished by a fine of one thousand dollars ($1,000), 24 hours of
community service, and, in the court's discretion, imprisonment of
not more than one year in a county jail. No part of the fine or
community service shall be suspended or waived.  
   (b) A violation of this section is a misdemeanor and shall be
punished as follows:  
   (1) The court shall impose a fine between two hundred fifty
dollars ($250) and one thousand dollars ($1,000), inclusive, and 24
hours of community service, during hours when the person is not
employed or is not attending school. No part of the fine or community
service shall be suspended or waived.  
   (2) In lieu of the penalties in paragraph (1) the court, in its
discretion, may impose a jail term of up to one year and a fine of up
to one thousand dollars ($1,000). In exercising its discretion the
court shall consider the extent of the defendant's commercial
motivation for the offense.  
   (3) The court may place the defendant on probation with conditions
that include, but are not limited to, a fine and community service.
 
   (c) Prosecution under this section shall not preclude prosecution
under any other applicable provision of law. 
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.       
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