1Amending the act of February 18, 1998 (P.L.146, No.22), entitled
2"An act regulating the check-cashing industry; providing for
3the licensing of check cashers, for additional duties of the
4Department of Banking and for certain terms and conditions of
5the business of check cashing; and providing penalties for
6money-laundering activities and violations of the act,"
7further providing for definitions, for authority of the
8department, for conditions for licensing and for fees and
9charges.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. The definition of "department" in section 103 of
13the act of February 18, 1998 (P.L.146, No.22), known as the
14Check Casher Licensing Act, is amended to read:

15Section 103. Definitions.

16The following words and phrases when used in this act shall
17have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19* * *

20"Department." The Department of Banking and Securities of
21the Commonwealth.

22* * *

1Section 2. Section 104 of the act is amended to read:

2Section 104. Authority of department.

3(a) Authority.--The department shall have the authority to:

4(1) Issue rules, regulations and orders as may be
5necessary for the administration and enforcement of this act.

6(2) Examine any check, document, account, book, record
7or file relating to a check casher's business or operation
8during regular business hours at the check casher's principal
9office or to make such other investigation as may be
10reasonably necessary to administer and enforce this act.

11(3) Conduct administrative hearings on any matter
12pertaining to this act, issue subpoenas to compel the
13attendance of witnesses and the production of checks,
14documents, accounts, books and records at any such hearing,
15which may be retained by the department until the proceedings
16are completed, and administer oaths and affirmations to any
17person whose testimony is required. In the event a person
18fails to comply with a subpoena issued by the department or
19to testify on any matter concerning which that person may be
20lawfully interrogated, on application by the department the
21Commonwealth Court may issue an order requiring the
22attendance and testimony of such person and requiring the
23production of checks, documents, accounts, books and records
24or may institute contempt of court penalties.

25(b) Limitation.--The department may not require retail food
26stores which must register with the department to register with
27the National Mortgage Licensing System.

28Section 3. Section 304(a) of the act is amended to read:

29Section 304. Conditions for licensing.

30(a) Conditions for license.--

1(1) Except as provided in subsection (b), if the
2department finds that the financial responsibility,
3experience, character and general fitness of the applicant
4warrants the conclusion that the business will be operated
5honestly and fairly within the purpose of the act, the
6department shall issue a check-casher license in accordance
7with this act.

8(2) A license shall be issued for the business location
9specified in the application only and for mobile units to the
10site or sites specified.

11(3) Check cashers shall post a notice of exact fees and
12charges, which shall be within the maximum prescribed in this
13act. The notice should be in plain view and in a location
14readily apparent to the consumer transacting business at each
15check-casher location.

16* * *

17Section 4. Section 503(a) and (e) of the act, amended
18December 9, 2002 (P.L.1546, No.200), are amended to read:

19Section 503. Fees and charges.

20(a) Allowable fees.--The licensee or any person subject to
21any provision of this act may collect the following fees for
22cashing a check:

23(1) A sum not exceeding [2.5%] 1.5% of the face amount
24of a government [assistance] check, provided the payee
25submits valid identification in the form of a driver's
26license, an identification card issued by the Department of
27Transportation or the equivalent; or

28(2) A sum not exceeding 3% of the face amount of a
29payroll check.

30(3) A sum not exceeding 10% of the face amount of a

1personal check.

2* * *

3(e) Definition.--As used in this section, the term
4"government [assistance] check" means a check issued by the 
5Federal Government or a state or local government, including on
6a continuing periodic basis by a government agency for payment
7to the recipient payee of Federal or State assistance, Social
8Security, workers' compensation, unemployment compensation,
9railroad retirement benefits or veterans' disability.

10Section 5. This act shall take effect in 60 days.