California Legislature—2015–16 Regular Session

Assembly Bill No. 2217

Introduced by Assembly Member Hadley

February 18, 2016

An act to amend Sections 8211 and 8223 of the Government Code, relating to notary public.

LEGISLATIVE COUNSEL’S DIGEST

AB 2217, as introduced, Hadley. Notary public: service fees.

Existing law authorizes the Secretary of State to appoint and commission notaries public in the number as the secretary deems necessary for the public convenience. Existing law prohibits fees charged by a notary public for certain services, including taking an acknowledgment or proof of a deed, from exceeding specified amounts.

This bill would increase those amounts, as specified.

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 begin delete ten end delete begin insert fifteen end insert dollars begin delete ($10) end delete begin insert ($15) end insert for each signature taken.

(b) For administering an oath or affirmation to one person and
executing the jurat, including the seal, the sum of begin delete ten end delete begin insert fifteen end insert dollars
begin delete ($10). end delete begin insert ($15). end insert

(c) For all services rendered in connection with the taking of
any deposition, the sum of begin delete twenty end delete begin insert thirty end insert dollars begin delete ($20), end delete begin insert ($30), end insert and
in addition thereto, the sum of begin delete five end delete begin insert seven end insert dollars begin delete ($5) end delete begin insert ($7) end insert for
administering the oath to the witness and the sum of begin delete five end delete begin insert seven end insert
dollars begin delete ($5) end delete begin insert ($7) end insert for the certificate to the deposition.

(d) No fee may 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 begin delete ten end delete begin insert fifteen end insert dollars begin delete ($10). end delete
begin insert ($15). end insert

(f) In accordance with Section 6107, no fee may 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)  begin delete No end delete begin insert A end insert notary public who holds himself or herself out
as being an immigration specialist, immigration begin delete consultant end delete
begin insert consultant, end insert or any other title or description reflecting an expertise
in immigration matters shall begin insert not end insert 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 begin delete ten end delete begin insert fifteen end insert
dollars begin delete ($10) end delete begin insert ($15) end insert 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. This
fee limitation shall not apply to an attorney, who is also a notary
public, who is rendering professional services regarding
immigration matters.

(c)  begin delete Nothing in this end delete begin insert This end insert section shall begin insert not end insert 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.