§ 40-6-5.2 Cashing of AFDC, GPA checks.– (a) For the purposes of this section, the term "banking institution" shallmean: (1) any state or federally chartered bank, savings bank, loan andinvestment bank, or credit union located within this state; and (2) anycurrency exchange specialist located within this state and enrolled with thedepartment of human services pursuant to regulations to be adopted by thedepartment.
(b) Each banking institution shall cash, at its main officeor any of its branch offices within the state, any check drawn by the state andpayable within the state to a recipient of aid to families with dependentchildren (AFDC) or general public assistance (GPA), if the check is negotiatedto the banking institution by the original payee of the check, and if the payeeproduces reasonable identification required by this section and as provided forin regulations adopted pursuant to subsection (d) hereof.
(c) Nothing in this section shall be interpreted as limitingany rights which the banking institution may have against the payee by contractor at law, with regard to items which are negotiated to it as provided for inthis section, which are not paid upon presentment or where such payee breachesa warranty made under § 6A-3-417. This section shall not apply to anycheck negotiated to a banking institution if such institution has reason tobelieve that the check will not be paid on presentment or that the tenderingparty may be in breach of one or more of the warranties contained in §6A-3-417.
(d) Provided that a banking institution properly employed theidentification procedures prescribed in regulations adopted pursuant to thissubsection at the time an AFDC or GPA check was cashed by such institution, thestate shall honor and make payment on the AFDC or GPA check, and the bankinginstitution shall not be liable to reimburse the state for a loss incurred as aresult of the wrongful payment of a check by the banking institution. Thedirector of the department of human services shall adopt regulationsspecifying: (1) the forms of reasonable identification which a bankinginstitution shall accept when cashing an AFDC or GPA check pursuant tosubsection (b); and (2) the identification procedures the institution mustemploy to receive payment thereon and to avoid liability for the wrongfulpayment of any such check. The regulations shall provide that the forms ofreasonable identification shall include, but need not be limited to: (i) anAFDC or GPA photo identification card issued by the department of humanservices; (ii) a valid identification card issued by the administrator of thedivision of motor vehicles pursuant to § 3-8-6; (iii) a valid driver'slicense; (iv) an identification card issued by the department of elderlyaffairs; and (v) a valid identification card issued by the United StatesImmigration and Naturalization Service.
(e) The department of human services shall issue a stoppayment order with respect to any AFDC or GPA check reported as lost, stolen,or undelivered. The department of human services shall not issue a replacementAFDC or GPA check for a period of three (3) business days from the date of thereport of such loss, theft, or non-delivery.
§ 40-6-5.2 Cashing of AFDC, GPA checks.– (a) For the purposes of this section, the term "banking institution" shallmean: (1) any state or federally chartered bank, savings bank, loan andinvestment bank, or credit union located within this state; and (2) anycurrency exchange specialist located within this state and enrolled with thedepartment of human services pursuant to regulations to be adopted by thedepartment.
(b) Each banking institution shall cash, at its main officeor any of its branch offices within the state, any check drawn by the state andpayable within the state to a recipient of aid to families with dependentchildren (AFDC) or general public assistance (GPA), if the check is negotiatedto the banking institution by the original payee of the check, and if the payeeproduces reasonable identification required by this section and as provided forin regulations adopted pursuant to subsection (d) hereof.
(c) Nothing in this section shall be interpreted as limitingany rights which the banking institution may have against the payee by contractor at law, with regard to items which are negotiated to it as provided for inthis section, which are not paid upon presentment or where such payee breachesa warranty made under § 6A-3-417. This section shall not apply to anycheck negotiated to a banking institution if such institution has reason tobelieve that the check will not be paid on presentment or that the tenderingparty may be in breach of one or more of the warranties contained in §6A-3-417.
(d) Provided that a banking institution properly employed theidentification procedures prescribed in regulations adopted pursuant to thissubsection at the time an AFDC or GPA check was cashed by such institution, thestate shall honor and make payment on the AFDC or GPA check, and the bankinginstitution shall not be liable to reimburse the state for a loss incurred as aresult of the wrongful payment of a check by the banking institution. Thedirector of the department of human services shall adopt regulationsspecifying: (1) the forms of reasonable identification which a bankinginstitution shall accept when cashing an AFDC or GPA check pursuant tosubsection (b); and (2) the identification procedures the institution mustemploy to receive payment thereon and to avoid liability for the wrongfulpayment of any such check. The regulations shall provide that the forms ofreasonable identification shall include, but need not be limited to: (i) anAFDC or GPA photo identification card issued by the department of humanservices; (ii) a valid identification card issued by the administrator of thedivision of motor vehicles pursuant to § 3-8-6; (iii) a valid driver'slicense; (iv) an identification card issued by the department of elderlyaffairs; and (v) a valid identification card issued by the United StatesImmigration and Naturalization Service.
(e) The department of human services shall issue a stoppayment order with respect to any AFDC or GPA check reported as lost, stolen,or undelivered. The department of human services shall not issue a replacementAFDC or GPA check for a period of three (3) business days from the date of thereport of such loss, theft, or non-delivery.
§ 40-6-5.2 Cashing of AFDC, GPA checks.– (a) For the purposes of this section, the term "banking institution" shallmean: (1) any state or federally chartered bank, savings bank, loan andinvestment bank, or credit union located within this state; and (2) anycurrency exchange specialist located within this state and enrolled with thedepartment of human services pursuant to regulations to be adopted by thedepartment.
(b) Each banking institution shall cash, at its main officeor any of its branch offices within the state, any check drawn by the state andpayable within the state to a recipient of aid to families with dependentchildren (AFDC) or general public assistance (GPA), if the check is negotiatedto the banking institution by the original payee of the check, and if the payeeproduces reasonable identification required by this section and as provided forin regulations adopted pursuant to subsection (d) hereof.
(c) Nothing in this section shall be interpreted as limitingany rights which the banking institution may have against the payee by contractor at law, with regard to items which are negotiated to it as provided for inthis section, which are not paid upon presentment or where such payee breachesa warranty made under § 6A-3-417. This section shall not apply to anycheck negotiated to a banking institution if such institution has reason tobelieve that the check will not be paid on presentment or that the tenderingparty may be in breach of one or more of the warranties contained in §6A-3-417.
(d) Provided that a banking institution properly employed theidentification procedures prescribed in regulations adopted pursuant to thissubsection at the time an AFDC or GPA check was cashed by such institution, thestate shall honor and make payment on the AFDC or GPA check, and the bankinginstitution shall not be liable to reimburse the state for a loss incurred as aresult of the wrongful payment of a check by the banking institution. Thedirector of the department of human services shall adopt regulationsspecifying: (1) the forms of reasonable identification which a bankinginstitution shall accept when cashing an AFDC or GPA check pursuant tosubsection (b); and (2) the identification procedures the institution mustemploy to receive payment thereon and to avoid liability for the wrongfulpayment of any such check. The regulations shall provide that the forms ofreasonable identification shall include, but need not be limited to: (i) anAFDC or GPA photo identification card issued by the department of humanservices; (ii) a valid identification card issued by the administrator of thedivision of motor vehicles pursuant to § 3-8-6; (iii) a valid driver'slicense; (iv) an identification card issued by the department of elderlyaffairs; and (v) a valid identification card issued by the United StatesImmigration and Naturalization Service.
(e) The department of human services shall issue a stoppayment order with respect to any AFDC or GPA check reported as lost, stolen,or undelivered. The department of human services shall not issue a replacementAFDC or GPA check for a period of three (3) business days from the date of thereport of such loss, theft, or non-delivery.
