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AB-1916 Legal document assistants and unlawful detainer assistants.(2021-2022)

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Date Published: 02/09/2022 09:00 PM
AB1916:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1916

Introduced by Assembly Member Chen

February 09, 2022

An act to amend Section 6401.7 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1916, as introduced, Chen. Legal document assistants and unlawful detainer assistants.
Existing law provides for the regulation of legal document assistants and unlawful detainer assistants, and requires a legal document assistant or unlawful detainer assistant to be registered by the county clerk in the county in which the legal document assistant’s or unlawful detainer assistant’s principal place of business is located and where they maintain a branch office. Existing law makes the failure by a person who engages in acts of a legal document assistant or unlawful detainer assistant to comply with certain requirements for legal document assistants and unlawful detainer assistants a misdemeanor. Existing law repeals those provisions regulating legal document assistants and unlawful detainer assistants on January 1, 2024.
This bill would extend the operation of these provisions to January 1, 2029. Because the bill would continue the duties imposed on county clerks relating to legal document assistants and unlawful detainer assistants and because the bill would extend the operation of various provisions for which a violation is a misdemeanor, the bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 6401.7 of the Business and Professions Code is amended to read:

6401.7.
 This chapter shall remain in effect only until January 1, 2024, 2029, and as of that date is repealed.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.