County recorder: county clerks: bonds.

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, beginning January 1, 2028, 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, as specified. The bill would also on this date 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 also on this date require the county clerk to retain the bond for a minimum of 6 years from the filing 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 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. Existing law requires the county clerk to retain the oath of office for one year following the expiration of the term of the commission for which the oath was taken, after which the oath may be destroyed or otherwise disposed of.

This bill, beginning January 1, 2028, would remove the requirement that the county recorder record the bond and would, instead, require the county clerk to retain the oath of office for 10 years, as provided. The bill would also on that date, specify that the fee for filing the bond is determined by the above-described authorization to increase or decrease a fee, would require the county clerk to retain the bond for 10 years from the filing 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.