2005 California Business and Professions Code Sections 22450-22463 CHAPTER 20. PROFESSIONAL PHOTOCOPIERS

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:
   (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 the
applicant:
   (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.
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.
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 33/8 inches by 2 1/4
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.
22458.  A professional photocopier shall be responsible at all times
for maintaining the integrity and confidentiality of information
obtained under the applicable codes in the transmittal or
distribution of records to the authorized persons or entities.
22459.  (a) Any person who recovers damages in any action or
proceeding for injuries caused by the revelation of information which
was improperly obtained, transmitted, or distributed by a
registrant, or caused by a registrant's noncompliance with
requirements of confidential documentary information under the code
sections specified in Section 22450 may recover damages from the bond
or cash deposit required by Section 22455.
   (b) Whenever there has been a recovery against a bond or cash
deposit under subdivision (a), the registrant shall file a new bond
or deposit an additional amount of cash within 30 days to reinstate
the bond or cash deposit to the amount required by Section 22455.  If
the registrant does not file a bond or deposit this amount within 30
days, his or her certificate of registration shall be revoked.
22460.  The county clerk shall revoke the registration of a
professional photocopier upon receipt of a court document or record
stating that the registrant has been found guilty of a misdemeanor
violation of this chapter, or that a civil judgment has been entered
against the registrant in an action arising out of an improper
disclosure or transmittal of confidential information.  The county
clerk shall be given notice of such court actions.  A registrant
whose registration is revoked pursuant to this subdivision may
reapply for registration after one year.
22460.5.  A certificate of registration may be revoked or suspended
whenever it has been determined that the registrant has transmitted
or distributed records obtained under the applicable sections in a
manner which does not comply with the provisions of law governing the
transmittal of confidential documentary information under the code
sections specified in Section 22450, or which constitutes an improper
transmittal or distribution not amounting to a violation of law.
   (b) An investigation concerning the revocation of certificate of
registration of a registrant may be commenced at any time the public
prosecutor deems it appropriate or upon the complaint of any person
who has been injured by a transmittal or distribution which was
handled by the registrant and does not comply with the provisions of
law governing the transmittal of confidential documentary information
under the code sections specified in Section 22450, or which
constitutes an improper transmittal or distribution not amounting to
a violation of law.
   (c) If the public prosecutor determines from the investigation
that cause may exist for the suspension or revocation of the
certificate of registration, he or she shall set the matter for
hearing and give notice to the registrant.  That hearing shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Division 3 of Title 2 of the Government Code, and, for the
purposes of those provisions, the public prosecutor shall be deemed
to be the agency, but shall be charged as provided by Section 11527
of the Government Code.
22461.  A registrant whose certificate of registration is suspended
or revoked shall be entitled to challenge the decision in a court of
competent jurisdiction.
22462.  (a) All records transmitted or distributed by a professional
photocopier shall be accompanied by a certificate containing all of
the following:
   (1) An affidavit signed by the custodian of the original records
that were reproduced for transmittal.  It shall conform to the
requirements specified in Article 4 (commencing with Section 1560) of
Chapter 2 of Division 11 of the Evidence Code.
   (2) An affidavit signed by the professional photocopier or his or
her employee stating that the records shall be transmitted or
distributed to the authorized persons or entities.
   (b) The certificate shall bear the name, address, and registration
number and county of registration of the professional photocopier.
The custodian of records shall be entitled to a copy of the
certificate, completed as provided in subdivision (a).
   (c) The custodian of records shall not be liable for the improper
release of the records when the records:
   (1) Were released to a professional photocopier for the production
of records under authorization or subpoena or other means.
   (2) Were certified pursuant to this section.
22463.  A failure to comply with the requirements of this chapter
shall be punishable as a misdemeanor.