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AB-2400 Check cashers.(1991-1992)

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AB2400:v93#DOCUMENT

Assembly Bill No. 2400
CHAPTER 1043

An act to add Sections 1789.35 and 1789.37 to the Civil Code, relating to check cashers.

[ Filed with Secretary of State  September 29, 1992. Approved by Governor  September 27, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2400, Peace. Check cashers.
Existing law requires every check casher to post a complete schedule of fees for cashing checks, the sale of money orders, and the issuance of identification.
This bill would prohibit a check casher from charging a fee for cashing a payroll check or government check in excess of 3% or 3.5% of the face amount of the check, depending on whether specified identification is furnished, or $3, whichever is greater. The bill would permit a check casher to charge a fee of no more than $10 to set up an initial account and issue an optional identification card for providing check cashing services, and to issue a replacement optional identification card at a cost not to exceed $5. The bill would require a check casher to provide a receipt to the customer for each transaction. A willful violation of these requirements would be a misdemeanor, thereby imposing a state-mandated local program by creating a new crime.
The bill would also require the owner of a check casher’s business to register his or her name, business name, social security number, and address with the Department of Justice, and would authorize the department to establish a reasonable fee for the registration. 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.

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known as the Check Casher’s Fee Act of 1992.

SEC. 2.

 Section 1789.35 is added to the Civil Code, to read:

1789.35.
 (a)  No check casher shall 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 or a California identification card.
(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).
(c) A check casher shall provide a receipt to the customer for each transaction.
(d)  A willful violation of this section is a misdemeanor.

SEC. 3.

 Section 1789.37 is added to the Civil Code, to read:

1789.37.
 The owner of a check casher’s business shall register his or her name, business name, social security number, and address with the Department of Justice. The Department of Justice, by regulation, shall establish a reasonable fee for the registration.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.