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AB-1408 Notaries public: fees.(2015-2016)

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AB1408:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1408


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   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.