22450-22463
BUSINESS AND PROFESSIONS CODE
SECTION 22450-22463
22450. A professional photocopier is any person who for
compensation obtains or reproduces documents authorized to be
produced under Part 2.6 (commencing with Section 56) of Division 1
of, or Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of, the Civil Code, or Section 1158 of, or Article 4
(commencing with Section 1560) of Chapter 2 of Division 11 of, the
Evidence Code and who, while engaged in performing that activity, has
access to the information contained therein. A professional
photocopier shall be registered pursuant to this chapter by the
county clerk of the county in which he or she resides or has his or
her principal place of business, and in which he or she maintains a
branch office.
22451. This chapter does not apply to any of the following:
(a) Any government employee who is acting in the course of his or
her employment.
(b) A member of the State Bar or his or her employees, agents, or
independent contractors.
(c) Any person who is specially appointed by the court to obtain
or reproduce in order to transmit or distribute those records.
(d) An employee or agent of a person who is registered under this
chapter.
(e) Any custodian of records who makes his or her own copies.
(f) Any certified shorthand reporter, official court reporter, or
stenotype operator who makes his or her own copies.
(g) Any person licensed under Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code or
his or her employees.
(h) The Office of the Secretary of State.
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.
22453. An applicant shall pay a fee of one hundred seventy-five
dollars ($175) to the county clerk at the time he or she files an
application for registration. An additional fee of ten dollars ($10)
shall be paid to the county clerk for each additional card of
identification.
22453.1. Notwithstanding Section 22453, any person registered
pursuant to Chapter 16 (commencing with Section 22350) shall pay a
fee of one hundred dollars ($100) instead of the fee of one hundred
seventy-five dollars ($175) otherwise required by Section 22453.
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.
22455. (a) A certificate of registration shall be accompanied by a
bond of five thousand dollars ($5,000) which is executed by a
corporate surety qualified to do business in this state and
conditioned upon compliance with the provisions of this chapter and
all laws governing the transmittal of confidential documentary
information under the code sections specified in Section 22450. The
total aggregate liability on the bond shall be limited to five
thousand dollars ($5,000). The bond may be terminated pursuant to the
provisions of Section 995.440 and Article 13 (commencing with
Section 996.310) of Chapter 2 of Title 14 of Part 2 of the Code of
Civil Procedure.
(1) The county clerk shall, upon filing the bond, deliver the bond
forthwith to the county recorder for recording. The recording fee
specified in Section 27361 of the Government Code shall be paid by
the registered professional photocopier. The fee may be paid to the
county clerk, who shall transmit it to the recorder.
(2) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
(3) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording. The recording fee specified in
Section 27361 of the Government Code for the notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
(b) In lieu of the bond required by subdivision (a), a registrant
may deposit five thousand dollars ($5,000) in cash with the county
clerk.
(c) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to the
provisions of subdivision (d) and the right of a person to recover
against the bond or cash deposit under Section 22459.
(d) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit. A judge of a superior court may order the
return of the deposit prior to the expiration of three years upon
evidence satisfactory to the judge that there are no outstanding
claims against the deposit.
22456. A certificate of registration shall be effective for a
period of two years or until the date the bond expires, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 22453. A certificate of registration
may be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of the
bond, whichever occurs first.
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 3 1/4
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: