BILL ANALYSIS
AB 898
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 898 (Lieu)
As Amended August 3, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |49-29|(May 21, 2009) |SENATE: |29-4 |(August 11, |
| | | | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: B.,P. & C.P.
SUMMARY : Revises current provisions of laws pertaining to
solicitations and public notaries.
The Senate amendments:
1)Expand existing prohibitions on nongovernmental entities
implying a governmental connection for solicitation purposes
to federal entities.
2)Specify advertising disclosures for solicitations.
3)Specify any violation of these provisions constitutes a
misdemeanor punishable by imprisonment in a county jail not
exceeding six months or by a fine not exceeding $2,500, or by
both imprisonment and a fine.
4)Authorize a person harmed as a result of a violation of these
provisions to be entitled to recover damages in an amount
equal to three times the amount solicited, in addition to
other remedies.
5)Provide that an untrue or misleading statement includes
offering or performing an assessment reduction filing service
if the words "board" or "commission" are used with the word
"appeal" or "tax" in the business name of the assessment
reduction filing service.
6)Specify that certain provisions of existing law apply only to
a notary public employed by a financial institution.
7)Make technical and conforming changes.
EXISTING LAW :
AB 898
Page 2
1)Makes it unlawful for a nongovernmental entity to solicit
funds or information by means for a mailing, electronic
message, or Internet Web site that containing a seal,
insignia, trade, or brand name, or any other term or symbol
that reasonable could be interpreted or construed as implying
any state or local government connection, approval, or
endorsement, as specified.
2)Makes it unlawful for a person to make any untrue or
misleading statements in a manner in connection with the
offering or performance of an assessment reduction filing
services, as specified.
3)Prohibits a proof of the execution of any of several types of
specified instruments, including a grant deed, mortgage, deed
of trust, quitclaim deed, or security agreement as it relates
to the recording of transfers.
4)Provides that a protest is a certificate of dishonor made by a
United States consul or vice consul, or a notary public or
other person authorized to administer oaths by the law of the
place where dishonor occurs.
5)Prescribes the duties of a notary public, including the duty
to demand acceptance and payment of foreign and inland bills
of exchange, or promissory notes, to protest them for
nonacceptance or nonpayment, and to exercise any other powers
and duties that by law may be performed by notaries.
6)Prescribes the maximum fees a notary public may charge for
specified services.
AS PASSED BY THE ASSEMBLY , this bill provided the Secretary of
State with the discretion to refuse to perform a service or
filing that is unlawful, prohibits the use of a subscribing
witness when establishing a power of attorney, and eliminates
the requirement for notaries public, other than those who work
for financial institutions, to perform protests.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill, as amended in the Senate, is consistent
with the version approved by the Assembly, however adds
AB 898
Page 3
additional provisions relating to solicitations as detailed
above.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0005594