Bill Text: CA AB1408 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1408 (Prior Session Legislation)

Bill Title: Notaries public: fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1408 Detail]

Download: California-2015-AB1408-Amended.html

BILL NUMBER: AB 1408	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Hadley

                        FEBRUARY 27, 2015

   An act to amend  Section 6502   Sections 8211
and 8223  of the Government Code, relating to  joint
powers.   notaries public. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1408, as amended, Hadley.  Joint powers authorities.
  Notaries public: fees.  
   Existing law prescribes the maximum fees that a notary public may
charge for specified services. Existing law prohibits a notary public
from charging a fee to notarize signatures on vote by mail ballot
identification envelopes or other voting materials or applications by
United States military veterans for specified veteran's benefits.
 
   This bill would delete the above-described maximum fee limitations
for services by a notary public.  
   Existing law authorizes 2 or more public agencies, by agreement,
to form a joint powers authority to exercise any power common to the
contracting parties, as specified.  
   This bill would make nonsubstantive changes to this provision.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 8211 of the  
Government Code   is amended to read:  
   8211.  Fees charged by a notary public for the following services
shall not exceed the fees prescribed by this section.
   (a) For taking an acknowledgment or proof of a deed, or other
instrument, to include the seal and the writing of the certificate,
the sum of ten dollars ($10) for each signature taken.
   (b) For administering an oath or affirmation to one person and
executing the jurat, including the seal, the sum of ten dollars
($10).
   (c) For all services rendered in connection with the taking of any
deposition, the sum of twenty dollars ($20), and in addition
thereto, the sum of five dollars ($5) for administering the oath to
the witness and the sum of five dollars ($5) for the certificate to
the deposition.
   (d) No fee may 
    8211.    A notary public shall not charge fees for
services as follows: 
    (a)     A fee shall not  be charged to
notarize signatures on vote by mail ballot identification envelopes
or other voting materials. 
   (e) For certifying a copy of a power of attorney under Section
4307 of the Probate Code the sum of ten dollars ($10). 

   (f) 
    (b)  In accordance with Section 6107,  no fee
may   a fee shall not  be charged to a United
States military veteran for notarization of an application or a claim
for a pension, allotment, allowance, compensation, insurance, or any
other veteran's benefit.
   SEC. 2.    Section 8223 of the   Government
Code   is amended to read: 
   8223.  (a) No notary public who holds himself or herself out as
being an immigration specialist, immigration consultant or any other
title or description reflecting an expertise in immigration matters
shall advertise in any manner whatsoever that he or she is a notary
public.
   (b) A notary public qualified and bonded as an immigration
consultant under Chapter 19.5 (commencing with Section 22440) of
Division 8 of the Business and Professions Code may enter data,
provided by the client, on immigration forms provided by a federal or
state agency. The fee for this service shall not exceed ten dollars
($10) per individual for each set of forms. If notary services are
performed in relation to the set of immigration forms, additional
fees may be  collected pursuant to Section 8211. 
 collected.  This fee limitation shall not apply to an
attorney, who is also a notary public, who is rendering professional
services regarding immigration matters.
   (c) Nothing in this section shall be construed to exempt a notary
public who enters data on an immigration form at the direction of a
client, or otherwise performs the services of an immigration
consultant, as defined by Section 22441 of the Business and
Professions Code, from the requirements of Chapter 19.5 (commencing
with Section 22440) of Division 8 of the Business and Professions
Code. A notary public who is not qualified and bonded as an
immigration consultant under Chapter 19.5 (commencing with Section
22440) of Division 8 of the Business and Professions Code may not
enter data provided by a client on immigration forms nor otherwise
perform the services of an immigration consultant. 
  SECTION 1.    Section 6502 of the Government Code
is amended to read:
   6502.  If authorized by their legislative or other governing
bodies, two or more public agencies by agreement may jointly exercise
any power common to the contracting agencies, including, but not
limited to, the authority to levy a fee, assessment, or tax, even
though one or more of the contracting agencies may be located outside
this state.
   It shall not be necessary that any power common to the contracting
parties be exercisable by each contracting party with respect to the
geographical area in which the power is to be jointly exercised. For
purposes of this section, two or more public agencies having the
power to conduct agricultural, livestock, industrial, cultural, or
other fairs or exhibitions shall be deemed to have common power with
respect to any such fair or exhibition conducted by any one or more
of such public agencies or by an entity created pursuant to a joint
powers agreement entered into by public agencies.