Notaries Get A Raise in California

California will now be alone in allowing Notaries to charge the highest fees of any other state.

Bill Text: http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_2201-2250/ab_2217_bill_20160817_chaptered.html

BILL NUMBER: AB 2217 CHAPTERED
BILL TEXT

CHAPTER 133
FILED WITH SECRETARY OF STATE AUGUST 17, 2016
APPROVED BY GOVERNOR AUGUST 17, 2016
PASSED THE SENATE AUGUST 1, 2016
PASSED THE ASSEMBLY MAY 2, 2016

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, Hadley. Notary public: service fees.
Existing law authorizes the Secretary of State to appoint and
commission notaries public in the number that 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.

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 fifteen dollars ($15) for each signature taken.
(b) For administering an oath or affirmation to one person and
executing the jurat, including the seal, the sum of fifteen dollars
($15).
(c) For all services rendered in connection with the taking of any
deposition, the sum of thirty dollars ($30), and in addition
thereto, the sum of seven dollars ($7) for administering the oath to
the witness and the sum of seven dollars ($7) 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 fifteen dollars ($15).
(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) A 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 not 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 fifteen
dollars ($15) 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) This section shall not 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.

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