BILL ANALYSIS Ó
AB 75
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 75 (Hill)
As Amended June 10, 2011
Majority vote
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|ASSEMBLY: |67-4 |(May 12, 2011) |SENATE: |24-14|(August 18, |
| | | | | |2011) |
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Original Committee Reference: B.,P. & C.P.
SUMMARY : Revises current provisions of laws pertaining to
solicitations and public notaries, and authorizes the Secretary
of State (SOS) to refuse to perform a service or refuse a filing
based on a reasonable belief that the service or filing is
fraudulent, as specified.
The Senate amendments :
1)Specify that certain disclosures by nongovernmental entity
offering or performing an assessment reduction filing service
shall be printed in not less than 12-point boldface font type
that is at least 2-point boldface font type sizes larger than
the next largest print on the page, as specified.
2)Make technical, conforming changes.
EXISTING LAW :
1)Makes it unlawful for a nongovernmental entity to solicit
funds or information by means of mailing, electronic message,
or Internet Web site that contains a seal, insignia, trade, or
brand name, or any other term or symbol that reasonably could
be interpreted or construed as implying any state or local
governmental connection, approval, or endorsement, as
specified.
2)Requires a business to include the contact information for a
referenced governmental agency in an unsolicited mailing that
offers to assist the recipient in dealing with the
governmental agency and makes a violation of these or other
provisions related to advertising a misdemeanor, punishable by
imprisonment in the county jail not exceeding six months, a
fine not exceeding $1,000, or both.
AB 75
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3)Makes it unlawful for a person to make any untrue or
misleading statements in any manner in connection with the
offering or performance of an assessment reduction filing
service.
4)Provides that an untrue or misleading statement includes
representing that an offeror of an assessment reduction filing
service is, or is affiliated with, any governmental entity by,
among other things, the use of a business name including the
word "appeal" or "tax" and any of a list of terms, including
"agency," "bureau," or "department."
5)Authorizes proof of the execution of an instrument by certain
persons and prescribes the form for that proof.
6)Prohibits a proof of the execution of any of several types of
specified instruments, including a grant deed, mortgage, deed
of trust, quitclaim deed, or security agreement.
7)Prescribes the duties of a notary public, including the duty
to demand acceptance and payment of foreign and inland bills
of exchange, or promissory notes, to protest them for
nonacceptance or nonpayment, and to exercise any other powers
and duties that by the law, may be performed by notaries.
8)Provides that a protest is a certificate of dishonor made by a
United States consul or vice consul, or a notary public or
other person authorized to administer oaths by the law of the
place where dishonor occurs.
9)Prescribes the maximum fees a notary public may charge for
specified services.
10)Establishes the fees SOS is authorized to charge for the
provision of specified business services.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
AB 75
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319-3301
FN: 0001840