AB 75 — Documents: notaries public: solicitations.

Summary

(1) Existing law makes it unlawful for a nongovernmental entity to solicit funds or information by means of a mailing, electronic message, or Internet Web site that contains a seal, insignia, trade, or brand name, or any other term or symbol that reasonably could be interpreted or construed as implying any state or local government connection, approval, or endorsement, unless the nongovernmental entity has an expressed connection with a state or local entity or unless the solicitation contains specified disclosures in conspicuous and legible type. Existing law requires a business to include the contact information for a referenced governmental agency in an unsolicited mailing that offers to assist the recipient in dealing with the governmental agency. A violation of these or other provisions related to advertising is a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not exceeding $1,000, or both. This bill would additionally make it unlawful for a nongovernmental entity to solicit funds or information by means of a mailing, electronic message, or Internet Web site that contains an emblem or content that reasonably could be interpreted or construed as implying any federal, state, or local government connection, approval, or endorsement, unless the nongovernmental entity has an expressed connection with a federal, state, or local government entity or unless the solicitation contains specified disclosures and meets other requirements. The bill would require the disclosures to be conspicuously displayed in specified locations, font type size, and manner. The bill would increase the maximum criminal fine for a violation of these provisions to $2,500 and would authorize a person to recover specified damages resulting from a violation of these provisions. The bill would delete the provisions requiring a business to include the contact information for a referenced governmental agency in an unsolicited mailing that offers to assist the recipient in dealing with the governmental agency. Existing law makes it unlawful for a person to make any untrue or misleading statements in any manner in connection with the offering or performance of an assessment reduction filing service. Existing law provides that an untrue or misleading statement includes representing that an offeror of an assessment reduction filing service is, or is affiliated with, any governmental entity by, among other things, the use of a business name including the word "appeal" or "tax" and any of a list of terms, including "agency," "bureau," or "department." Existing law makes it unlawful to offer to perform an assessment reduction filing service without making a disclosure placed at the top of each page of every advertisement or promotional material disseminated by an offeror of an assessment reduction filing service in 12-point boldface type enclosed in a box formed by a heavy line. This bill would provide that it is also an untrue or misleading statement in connection with the offering or performance of an assessment reduction filing service if the words "board" or "commission" are used with the word "appeal" or "tax" in the business name of an assessment reduction filing service. The bill would also make changes to the font size requirements that apply to the disclosure of every advertisement or promotional material disseminated by an offeror of an assessment reduction filing service. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (2) Existing law authorizes proof of the execution of an instrument by certain persons and prescribes the form for that proof. Existing law 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. This bill would add a power of attorney to the types of instruments for which a proof of the execution is prohibited and would further prohibit a proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary public's journal. The bill would also revise the form of certificate that may be used for proof of execution. (3) Existing law 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 the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by notaries. Existing law provides that a protest is a certificate of dishonor of a negotiable instrument made by, among others, a notary public. Existing law provides that the protest of a notary public of a bill of exchange or promissory note for nonacceptance or nonpayment is prima facie evidence of the facts recited therein. This bill would limit the application of these provisions to a notary public employed by a financial institution, during the course and scope of the notary's employment with the financial institution. (4) Existing law prescribes the maximum fees a notary public may charge for specified services. This bill would delete the prescribed maximum fees for every protest for the nonpayment of a promissory note or for the nonpayment or nonacceptance of a bill of exchange, draft, or check, for serving every notice of nonpayment of a promissory note or of nonpayment or nonacceptance of a bill of exchange, order, draft, or check, and for recording every protest. (5) Existing law sets forth the fees the Secretary of State is authorized to charge for the provision of specified business services. This bill would authorize the Secretary of State's office to refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for any of a number of specified improper purposes. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/07/11 - Chaptered Current pdf September 07, 2011
• Enrolled 08/24/11 - Enrolled pdf August 24, 2011
• Amended 06/10/11 - Amended Senate pdf June 10, 2011
• Introduced 12/22/10 - Introduced pdf December 22, 2010
• AB75 View text html

Action History

1. September 07, 2011

   Chaptered by Secretary of State - Chapter 269, Statutes of 2011.

2. September 07, 2011

   Approved by the Governor.

3. August 26, 2011

   Enrolled and presented to the Governor at 3 p.m.

4. August 22, 2011

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 17. Page 2485.).

5. August 18, 2011

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

6. August 18, 2011

   Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 1960.).

7. July 12, 2011

   Read second time. Ordered to third reading.

8. July 11, 2011

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

9. June 22, 2011

   From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 21). Re-referred to Com. on APPR.

10. June 10, 2011

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

11. June 07, 2011

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (June 6). Re-referred to Com. on JUD.

12. May 26, 2011

    Referred to Coms. on B., P. & E.D. and JUD.

13. May 12, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

14. May 12, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 4. Page 1348.)

15. May 09, 2011

    Read second time. Ordered to third reading.

16. May 05, 2011

    From committee: Do pass. (Ayes 17. Noes 0.) (May 4).

17. April 05, 2011

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 5). Re-referred to Com. on APPR.

18. January 27, 2011

    Referred to Com. on B. & P.

19. January 03, 2011

    Read first time.

20. December 23, 2010

    From printer. May be heard in committee January 22.

21. December 22, 2010

    Introduced. To print.

Sponsors

• Hill · Primary

Votes

Subjects