BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 2217 (Hadley)
Version: February 18, 2016
Hearing Date: June 14, 2016
Fiscal: No
Urgency: No
ME
SUBJECT
Notary public: service fees
DESCRIPTION
This bill would allow notary publics to charge higher prices for
some of their services.
BACKGROUND
A notary public is a public officer appointed and commissioned
by the Secretary of State to serve the public in non-contentious
matters generally concerning estates, deeds, powers-of-attorney,
foreign and international business, and other written
instruments. Occasionally, an individual who is party to a more
sensitive formal agreement, such as a child custody agreement, a
confidential marriage license, or an advance healthcare
directive, must have the agreement notarized before it can enter
into force. A notary's main functions are to take
acknowledgements of various written instruments, administer
oaths and affirmations, take depositions and affidavits, certify
copies of powers of attorney under the Probate Code, demand
acceptance and payment of foreign and inland bills of exchange
or promissory notes, and to protest nonpayment and nonacceptance
of bills and notes. (Gov. Code Sec. 8205.)
Notaries public are commissioned for four-year terms by the
Secretary of State. In order to receive a commission, an
individual must be a California resident who is at least 18
years old, complete a study course, pass an examination, clear a
background check, and pay a fee to the Secretary of State.
There is a statutory cap on the fees that a notary public may
charge for the basic services that a notary public provides.
For example, under current law a notary public may charge up to
$10 for each signature taken for taking an acknowledgement or
AB 2217 (Hadley)
Page 2 of ?
proof of a deed. The cap on fees that notaries public can
charge has not increased for over 20 years, while the cost of
living has increased over 60%. (See U.S. Department of Labor,
Bureau of Labor Statistics Inflation Calculator
[as of June 8, 2016])
Accordingly, this bill would raise the amount notary publics can
charge for some of their services between 25% and 50%.
CHANGES TO EXISTING LAW
Existing law authorizes the Secretary of State to appoint and
commission notaries public who have met education, examination,
and ethical requirements as specified. (Gov. Code Secs.
8200-8201.5)
Existing law provides that fees charged by a notary public for
the following services shall not exceed the following:
taking an acknowledgment or proof of a deed, or other
instrument, to include the seal and the writing of the
certificate, ten dollars ($10) for each signature taken;
administering an oath or affirmation to one person and
executing the jurat, including the seal, ten dollars ($10);
providing services rendered to take a deposition, twenty
dollars ($20), and in addition thereto, five dollars ($5)
for administering the oath to the witness and five dollars
($5) for the certificate to the deposition;
entering data provided by a client on immigration forms
provided by a federal or state agency if the notary public
is qualified and bonded as an immigration consultant, ten
dollars ($10); and
certifying a copy of a power of attorney under Section
4307 of the Probate Code, ten dollars ($10). (Gov. Code
Sec. 8211.)
Existing law provides that no fees may be charged by notaries
public for notarizing an application or a claim by a United
States military veteran for a pension, allotment, allowance,
compensation, insurance, or any other veteran's benefit. (Gov.
Code Sec. 6107.)
Existing law provides that no fees may be charged by notaries
public for notarizing vote by mail ballot identification
envelopes or other voting materials. (Gov. Code Sec. 8211(d).)
AB 2217 (Hadley)
Page 3 of ?
This bill would allow a notary public to charge an additional $5
for the following services:
each signature taken for an acknowledgment or proof or a
deed, or other instrument, to include the seal and the
writing of the certificate;
administering an oath or affirmation to one person and
executing the jurat, including the seal;
certifying a copy of a power of attorney under Section
4307 of the Probate Code; and
entering data provided by a client on immigration forms
provided by a federal or state agency if the notary public
is qualified and bonded as an immigration consultant.
This bill , in connection with the taking of any deposition,
would allow a notary public to charge a fee up to $30, instead
of $20, and in addition would allow the notary to charge $7
instead of $5 for administering the oath to the witness and for
the certificate to the deposition.
This bill makes other nonsubstantive conforming changes.
COMMENT
1. Stated need for the bill
According to the author:
California law does not set a minimum fee but currently
caps the maximum fee that a Notary Public may charge at
$10 per signature. This cap has not changed for over
twenty years, during which time the cost of living has
increased over 60%.
AB 2217 will increase the maximum fee that can be charged
by Notaries Public in California.
By increasing the fees a notary may charge to $15 per
signature, AB 2217 will align those fees with the increase
of 64.8% seen in the Consumer Price Index (CPI) since 1993
- the last time the Notary fees were raised. AB 2217 also
maintains current law, stating that no fee shall be
charged to notarize voting materials, nor shall fees be
charged to U.S. military veterans for notarization on
veteran's benefit claims.
AB 2217 (Hadley)
Page 4 of ?
It is important to note that AB 2217 does not set the
price for Notary Public series, it simply raises the
price. Notaries may continue to set their prices subject
to customer demand and subject to the revised cap.
2. $10 in 1993 has the same buying power as $16.56 in 2016
According to the Bureau of Labor Statistic's inflation
calculator, $10 in 1993 has the same buying power as $16.56 in
2016. (See U.S. Department of Labor, Bureau of Labor Statistics
Inflation Calculator
[as of June 8, 2016]) For this reason alone an increase from
$10 to $15 is arguably justified. The National Notary
Association, in support, further points out that requirements
for a Notary Public commission in California have considerably
increased the cost to become a Notary. They note that every
four years the employers of notaries public must pay for
Livescan fingerprints, a background check, a color passport
photograph, and a course of instruction. Additionally,
supporters highlight that they must also pay for a surety bond,
the official seal, journal of official acts, application fee and
fees to file the bond and oath of office in the county of the
applicant's principal place of business.
Support : The American Association of Notaries; American Society
of Notaries; National Notary Association; more than 1,100
individuals
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation : None Known
Prior Legislation : AB 1408 (Hadley 2015) would have removed the
statutory fee cap for specified notarial services. This bill
died in the Assembly Committee on Judiciary.
Prior Vote :
Assembly Floor (Ayes 76, Noes 0)
AB 2217 (Hadley)
Page 5 of ?
Assembly Business and Professions Committee (Ayes 16, Noes 0)