Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1408


Introduced by Assembly Member Hadley

February 27, 2015


An act to amendbegin delete Section 6502end deletebegin insert Sections 8211 and 8223end insert of the Government Code, relating tobegin delete joint powers. end deletebegin insert notaries public.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1408, as amended, Hadley. begin deleteJoint powers authorities. end deletebegin insertNotaries public: fees.end insert

begin insert

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.

end insert
begin insert

This bill would delete the above-described maximum fee limitations for services by a notary public.

end insert
begin delete

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.

end delete
begin delete

This bill would make nonsubstantive changes to this provision.

end delete

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

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

P1    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8211 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

begin delete
P2    1

8211.  

Fees charged by a notary public for the following services
2shall not exceed the fees prescribed by this section.

3(a) For taking an acknowledgment or proof of a deed, or other
4instrument, to include the seal and the writing of the certificate,
5the sum of ten dollars ($10) for each signature taken.

6(b) For administering an oath or affirmation to one person and
7executing the jurat, including the seal, the sum of ten dollars ($10).

8(c) For all services rendered in connection with the taking of
9any deposition, the sum of twenty dollars ($20), and in addition
10thereto, the sum of five dollars ($5) for administering the oath to
11the witness and the sum of five dollars ($5) for the certificate to
12the deposition.

13(d) No fee may

end delete
14begin insert

begin insert8211.end insert  

end insert
begin insert

A notary public shall not charge fees for services as
15follows:

end insert

16begin insert(a)end insertbegin insertend insertbegin insertA fee shall not end insertbe charged to notarize signatures on vote by
17mail ballot identification envelopes or other voting materials.

begin delete

18(e) For certifying a copy of a power of attorney under Section
194307 of the Probate Code the sum of ten dollars ($10).

end delete
begin delete

20(f)

end delete

21begin insert(b)end insert In accordance with Section 6107,begin delete no fee mayend deletebegin insert a fee shall notend insert
22 be charged to a United States military veteran for notarization of
23an application or a claim for a pension, allotment, allowance,
24compensation, insurance, or any other veteran’s benefit.

25begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8223 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
26read:end insert

27

8223.  

(a) No notary public who holds himself or herself out
28as being an immigration specialist, immigration consultant or any
29other title or description reflecting an expertise in immigration
30matters shall advertise in any manner whatsoever that he or she is
31a notary public.

32(b) A notary public qualified and bonded as an immigration
33consultant under Chapter 19.5 (commencing with Section 22440)
34of Division 8 of the Business and Professions Code may enter data,
35provided by the client, on immigration forms provided by a federal
36or state agency. The fee for this service shall not exceed ten dollars
37($10) per individual for each set of forms. If notary services are
38performed in relation to the set of immigration forms, additional
39 fees may bebegin delete collected pursuant to Section 8211.end deletebegin insert collected.end insert This
40fee limitation shall not apply to an attorney, who is also a notary
P3    1public, who is rendering professional services regarding
2immigration matters.

3(c) Nothing in this section shall be construed to exempt a notary
4public who enters data on an immigration form at the direction of
5a client, or otherwise performs the services of an immigration
6consultant, as defined by Section 22441 of the Business and
7Professions Code, from the requirements of Chapter 19.5
8(commencing with Section 22440) of Division 8 of the Business
9and Professions Code. A notary public who is not qualified and
10bonded as an immigration consultant under Chapter 19.5
11(commencing with Section 22440) of Division 8 of the Business
12and Professions Code may not enter data provided by a client on
13immigration forms nor otherwise perform the services of an
14immigration consultant.

begin delete
15

SECTION 1.  

Section 6502 of the Government Code is amended
16to read:

17

6502.  

If authorized by their legislative or other governing
18bodies, two or more public agencies by agreement may jointly
19exercise any power common to the contracting agencies, including,
20but not limited to, the authority to levy a fee, assessment, or tax,
21even though one or more of the contracting agencies may be located
22outside this state.

23It shall not be necessary that any power common to the
24contracting parties be exercisable by each contracting party with
25respect to the geographical area in which the power is to be jointly
26exercised. For purposes of this section, two or more public agencies
27having the power to conduct agricultural, livestock, industrial,
28cultural, or other fairs or exhibitions shall be deemed to have
29common power with respect to any such fair or exhibition
30conducted by any one or more of such public agencies or by an
31entity created pursuant to a joint powers agreement entered into
32by public agencies.

end delete


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