BILL NUMBER: AB 2687	CHAPTERED  07/24/00

	CHAPTER   194
	FILED WITH SECRETARY OF STATE   JULY 24, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	PASSED THE SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 27, 2000

INTRODUCED BY   Assembly Member Margett

                        FEBRUARY 25, 2000

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2687, Margett.  Notaries public:  immigration consultant
services and fees.
   Existing law prohibits notaries public who hold themselves out as
immigration consultants from advertising that they are notaries but
allows notaries to enter data provided by clients on federal or state
immigration forms for a fee.
   This bill would require a notary who provides immigration form
data entry services to be qualified and bonded as an immigration
consultant under the Business and Professions Code.
   This bill would restate from another provision of the Government
Code the prohibition against charging fees for notarization of an
application or claim for veteran's benefits.


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 ten dollars ($10) for each signature taken.
   (b) For administering an oath or affirmation to one person and
executing the jurat, including the seal, the sum of ten dollars
($10).
   (c) For all services rendered in connection with the taking of any
deposition, the sum of twenty dollars ($20), and in addition
thereto, the sum of five dollars ($5) for administering the oath to
the witness and the sum of five dollars ($5) for the certificate to
the deposition.
   (d) For every protest for the nonpayment of a promissory note or
for the nonpayment or nonacceptance of a bill of exchange, draft, or
check, the sum of ten dollars ($10).
   (e) For serving every notice of nonpayment of a promissory note or
of nonpayment or nonacceptance of a bill of exchange, order, draft,
or check, the sum of five dollars ($5).
   (f) For recording every protest, the sum of five dollars ($5).
   (g) No fee may be charged to notarize signatures on absentee
ballot identification envelopes or other voting materials.
   (h) For certifying a copy of a power of attorney under Section
4307 of the Probate Code the sum of ten dollars ($10).
   (i) 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) No notary public who holds himself or herself out as
being an immigration specialist, immigration consultant or any other
title or description reflecting an expertise in immigration matters
shall 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 ten dollars
($10) 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) Nothing in this section shall 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.