BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2217|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 2217
Author: Hadley (R)
Introduced:2/18/16
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 6/14/16
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
ASSEMBLY FLOOR: 76-0, 5/2/16 (Consent) - See last page for
vote
SUBJECT: Notary public: service fees
SOURCE: Author
DIGEST: This bill allows notary publics to charge higher prices for
some of their services.
ANALYSIS:
Existing law:
1)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)
2)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
AB 2217
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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).
1)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.
2)Provides that no fees may be charged by notaries public for
notarizing vote by mail ballot identification envelopes or
other voting materials.
This bill:
1)Allows 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.
1)Allows, in connection with the taking of any deposition, a
notary public to charge a fee up to $30, instead of $20, and
in addition allows the notary to charge $7 instead of $5 for
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Page 3
administering the oath to the witness and for the certificate
to the deposition.
2)Makes other nonsubstantive conforming changes.
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
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
Page 4
The author writes:
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.
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.
$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
Page 5
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/14/16)
The American Association of Notaries
American Society of Notaries
National Notary Association
More than 1,100 individuals
OPPOSITION: (Verified6/14/16)
None received
ASSEMBLY FLOOR: 76-0, 5/2/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood,
Rendon
NO VOTE RECORDED: Beth Gaines, Roger Hernández, Ridley-Thomas,
Williams
Prepared by: Margie Estrada / JUD. / (916) 651-4113
6/30/16 8:43:12
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