County recorder: county clerks: bonds.

Plain English Breakdown

The candidate explanation included a broader range of individuals who might be affected, but these claims could not be directly supported by the official source material. The bill's impact on specific fee amounts is left open as it allows for discretion by local authorities.

County Recorder: County Clerks: Bonds

AB-1828 changes the responsibilities of county clerks and recorders regarding bonds, transferring recording duties from the recorder to the clerk.

What This Bill Does

• Removes the requirement for a county recorder to record bonds and notices of cancellation or revocation.
• Requires the county clerk to file bonds and any notice of cancellation, revocation, or withdrawal.
• Deletes the fixed fee of $7 for filing, canceling, revoking, or withdrawing the bond and allows fees to be set by local authorities as needed.
• Requires the county clerk to keep a copy of the bond for at least 6 years from the date it is filed.
• Requires the county clerk to give the registrant one certified copy of the bond on file.

Who It Names or Affects

• County clerks and recorders

Terms To Know

Bond

A financial guarantee that ensures a person or business will fulfill their legal obligations.

County Clerk

An official who manages the administrative duties of a county, including recording and filing documents.

Limits and Unknowns

• The bill imposes additional duties on local officials.
• It does not specify how much fees will be increased or decreased by local authorities.

Official Summary Text

AB 1828, as amended, Chen.
County recorder: county clerks: bonds.
(1) Existing law requires a legal document assistant, unlawful detainer assistant, process server, or professional copier to be registered by the county clerk in the county where their principal place of business is located, as provided. Existing law requires an application for a certificate of registration or certificate of registration to be accompanied by a bond, as provided. Existing law requires the county recorder to record the bond and any notice of cancellation, revocation, or withdrawal of the bond, as provided. Existing law specifies that the fee for filing, canceling, revoking, or withdrawing the bond is $7. Existing law, notwithstanding any other provision of law that prescribes an amount or otherwise limits the amount of a fee or charge that may be levied by a county, a county service area, or a county waterworks district governed by a county board of
supervisors, authorizes a county board of supervisors to increase or decrease a fee or charge, which is otherwise authorized to be levied by another provision of law, in the amount reasonably necessary to recover the cost of providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied, as provided.
This bill would remove the requirement that the bond and any notice of cancellation, revocation, or withdrawal of the bond be recorded by the county recorder and, instead, require that the county clerk file the bond and any notice of cancellation, revocation, or withdrawal. The bill would delete the above-referenced fee of $7 and would, instead, specify that the fee for filing, canceling, revoking, or withdrawing the bond is determined pursuant to above-described authorization to increase or decrease a fee. The bill would require the county clerk
to
retain the bond for a minimum of 6 years from the filing
date.
date and would require the county clerk to provide the registrant with one certified copy of the bond on file, as provided.
(2) Existing law authorizes the Secretary of State to appoint and commission notaries public in such number as the Secretary deems necessary for the public convenience. Existing law requires every person appointed a notary public to file an official bond and an oath of office either in the office of the county clerk within which the person maintains a principal place of business, as provided. Existing law requires that the county recorder record the bond, as provided.
This bill would remove
the requirement that the county recorder record the bond. The bill would specify that the fee for filing the bond is determined by the above-described authorization to increase or decrease a fee. The bill would require the county clerk to retain the bond for a minimum of 6 years from the filing
date.
date and would require the county clerk to provide the registrant with one certified copy of the bond on file, as provided.
By imposing additional duties on local officials, this bill would impose a state-mandated local program.
(3) 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.

Current Bill Text

Download Bill PDF