Bill Text: CA AB620 | 2009-2010 | Regular Session | Chaptered
Bill Title: County clerks: recordkeeping: registrations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 458, Statutes of 2009. [AB620 Detail]
Download: California-2009-AB620-Chaptered.html
BILL NUMBER: AB 620 CHAPTERED
BILL TEXT
CHAPTER 458
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 1, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN SENATE JULY 23, 2009
INTRODUCED BY Assembly Member John A. Perez
FEBRUARY 25, 2009
An act to amend Sections 6407, 17929, 22355, 22452, 22454, and
22457 of the Business and Professions Code, relating to county
clerks.
LEGISLATIVE COUNSEL'S DIGEST
AB 620, John A. Perez. County clerks: recordkeeping:
registrations.
Existing law defines and regulates the activities of legal
document assistants and unlawful detainer assistants, process
servers, and professional photocopiers. Existing law requires those
professionals to register in the county in which his or her principal
place of business is located. Existing law requires the county clerk
of each county to maintain a register of, and assign a unique number
to, those persons, and to issue an identification card to each
registrant. Existing law requires the identification cards to contain
a photograph and to meet varying minimum size requirements, as
specified.
This bill would change the minimum size requirements of the cards
to 31/4 by 2 inches, and would delete a provision that requires the
issuance of additional cards to employees of legal document
assistants and unlawful detainer assistants, as specified. The bill
would also specify that cards issued to partnerships or corporations
be issued in the name of the partnership or corporation, and that no
photograph be included. The bill would also require the inclusion of
the name of the partnership or corporation on the card of an employee
of a photocopier.
Existing law requires a person filing for a fictitious business
name to submit specified fees to the county clerk for the filing of
the fictitious business name statement. Existing law requires the
fees to be used in a specified manner, including to cover the costs
of the county clerk in notifying registrants of the pending
expiration of their fictitious business name statement.
This bill would specify that a county clerk is not required to
retain any returned notice of pending expiration that is returned as
undeliverable by the United States Postal Service.
Existing law requires the application for registration of
professional photocopiers to include specified statements.
This bill would require that application to be certified to be
true. The bill would provide that a person or entity that knowingly
provides false information is subject to specified civil penalties.
Existing law requires that at least one person involved in the
management of a professional photocopier be a licensed notary public.
This bill would require written confirmation from a nonregistrant
notary public to authorize the use of his or her commission for
registration.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6407 of the Business and Professions Code is
amended to read:
6407. (a) The county clerk shall maintain a register of legal
document assistants, and a register of unlawful detainer assistants,
assign a unique number to each legal document assistant, or unlawful
detainer assistant, and issue an identification card to each one.
Upon renewal of registration, the same number shall be assigned,
provided there is no lapse in the period of registration.
(b) The identification card shall be a card not less than 31/4 by
2 inches, and shall contain at the top, the title "Legal Document
Assistant" or "Unlawful Detainer Assistant," as appropriate, followed
by the registrant's name, address, registration number, date of
expiration, and county of registration. It shall also contain a
photograph of the registrant in the lower left corner. The
identification card for a partnership or corporation registration
shall be issued in the name of the partnership or corporation, and
shall not contain a photograph. The front of the card, above the
title, shall also contain the following statement in 12-point
boldface type: "This person is not a lawyer." The front of the card,
at the bottom, shall also contain the following statement in 12-point
boldface type: "The county clerk has not evaluated this person's
knowledge, experience, or services."
SEC. 2. Section 17929 of the Business and Professions Code is
amended to read:
17929. (a) The fee for filing a fictitious business name
statement is ten dollars ($10) for the first fictitious business name
and owner and two dollars ($2) for each additional fictitious
business name or owner filed on the same statement and doing business
at the same location. This fee covers the cost of filing and
indexing the statement (and any affidavit of publication), the cost
of furnishing one certified copy of the statement to the person
filing the statement, and the cost for notifying registrants of the
pending expiration of their fictitious business name statement.
(b) The fee for filing a statement of abandonment of use of a
fictitious business name is five dollars ($5). This fee covers the
cost of filing and indexing the statement, the cost of any affidavit
of publication, and the cost of furnishing one certified copy of the
statement to the person filing the statement.
(c) The fee for filing a statement of withdrawal from partnership
operating under a fictitious business name is five dollars ($5). This
fee covers the cost of filing and indexing the statement, the cost
of any affidavit of publication, and the cost of furnishing one
certified copy of the statement to the person filing the statement.
(d) All of the provisions of this section are subject to Section
54985 of the Government Code.
(e) If the notice of pending expiration, as described in
subdivision (a), is returned to the county clerk by the United States
Postal Service as undeliverable, the county clerk is not required to
retain the returned notice of pending expiration.
SEC. 3. Section 22355 of the Business and Professions Code is
amended to read:
22355. (a) The county clerk shall maintain a register of process
servers and assign a number and issue an identification card to each
process server. The county clerk shall issue a temporary
identification card, for no additional fee, to applicants who are
required to submit Request for Live Scan forms for background checks
to the Federal Bureau of Investigation and the Department of Justice.
This card shall be valid for 120 days. If clearance is received from
the Federal Bureau of Investigation and the Department of Justice
within 120 days, the county clerk shall immediately issue a permanent
identification card to the applicant. Upon request of the applicant,
the permanent identification card shall be mailed to the applicant
at his or her address of record. Upon renewal of a certificate of
registration, the same number shall be assigned, provided there is no
lapse in the period of registration.
(b) The temporary and permanent identification cards shall be not
less than 31/4 inches by 2 inches and shall contain at the top the
title, "Registered Process Server," followed by the registrant's
name, address, registration number, date of expiration, and county of
registration. In the case of a natural person, it shall also contain
a photograph of the registrant in the lower left corner. The
identification card for a partnership or corporation registration
shall be issued in the name of the partnership or corporation, and
shall not contain a photograph.
SEC. 4. Section 22452 of the Business and Professions Code is
amended to read:
22452. (a) The application for registration of a natural person
shall contain all of the following statements about the applicant
certified to be true:
(1) Name, age, address, and telephone number.
(2) He or she has not been convicted of a felony.
(3) He or she will perform his or her duties as a professional
photocopier in compliance with the provisions of law governing the
transmittal of confidential documentary information in this state.
(b) The application for registration of a partnership or
corporation shall contain all of the following statements about each
general partner or corporate officer, and be certified to be true:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) The general partners or officers have not been convicted of a
felony.
(3) The partnership or corporation will perform its duties as a
professional photocopier in compliance with the provisions of law
governing the transmittal of confidential documentary information in
this state.
(c) The county clerk shall retain the application for registration
for a period of three years following the expiration date of the
application, after which time the application may be destroyed if it
is scanned or if the conditions specified in Section 26205.1 of the
Government Code are met. If the application is scanned, the scanned
image shall be retained for a period of 10 years, after which time
that image may be destroyed and, notwithstanding Section 26205.1 of
the Government Code, no reproduction thereof need be made or
preserved.
(d) A person or entity that knowingly provides false information
shall be subject to a civil penalty for each violation in the minimum
amount of two thousand five hundred dollars ($2,500) and the maximum
amount of twenty-five thousand dollars ($25,000). An action for a
civil penalty under this provision may be brought by any public
prosecutor in the name of the people of the State of California and
the penalty imposed shall be enforceable as a civil judgment.
SEC. 5. Section 22454 of the Business and Professions Code is
amended to read:
22454. At least one person involved in the management of a
professional photocopier shall be required to hold a current
commission from the Secretary of State as a notary public in this
state. If the notary commission is held by someone other than the
registrant, written confirmation from the notary authorizing the use
of their commission for this registration is required.
SEC. 6. Section 22457 of the Business and Professions Code is
amended to read:
22457. (a) The county clerk shall maintain a register of
professional photocopiers, assign a number to each professional
photocopier, and issue an identification card to each one. Additional
cards for employees of professional photocopiers shall be issued
upon the payment of ten dollars ($10) for each card. Upon renewal of
registration, the same number shall be assigned, provided there is no
lapse in the period of registration.
(b) The identification card shall be a card not less than 31/4
inches by 2 inches, and shall contain at the top the title,
"Professional Photocopier" followed by the registrant's name,
address, registration number, date of expiration, and county of
registration. It shall also contain a photograph of the registrant in
the lower left corner. The identification card for a partnership or
corporation registration shall be issued in the name of the
partnership or corporation, and shall not contain a photograph.
(c) The identification card for an employee of a partnership or
corporation shall be issued in the name of the employee and include
"Employee of: [insert name of the partnership or corporation]."
