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AB-2424 Notaries public: disclosures.(2019-2020)

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Date Published: 04/27/2020 09:00 PM
AB2424:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2424

Introduced by Assembly Member Calderon

February 19, 2020

An act to add the heading of Article 1 (commencing with Section 8200) to, and to add Article 2 (commencing with Section 8231) to, Chapter 3 of Division 1 of Title 2 of the Government Code, relating to notaries public. An act to amend Section 8214.1 of, and to add Section 8214.17 to, the Government Code, relating to notaries public.


LEGISLATIVE COUNSEL'S DIGEST


AB 2424, as amended, Calderon. California Online Notary Act of 2020. Notaries public: disclosures.
Existing law authorizes the Secretary of State to appoint and commission notaries public in the number the Secretary of State deems necessary for the public convenience. Existing law authorizes notaries public to act as notaries in any part of the state and prescribes the manner and method of notarizations.
This bill would require a notary public that is not licensed as an attorney to disclose, prior to providing services as a notary public to any person that requests those services, that the notary public is not authorized to practice law, as defined, in the state, and of all services the notary public offers, the fee for each service, and any other applicable fees. The bill would require a notary public to provide these disclosures in writing, including by electronic means, and in the language the notary public uses to provide the services to the person. The bill would also require a notary public to obtain a signed, or electronically signed, acknowledgment of receipt of the written disclosures prior to rendering services as a notary public to that person. The bill would authorize the Secretary of State to refuse to appoint any person as a notary public or revoke or suspend the commission of any notary public on the ground that the notary public willfully violated these provisions. The bill would also make related findings and declarations.

Existing law authorizes the Secretary of State to appoint and commission notaries public in the number the Secretary of State deems necessary for the public convenience. Existing law authorizes notaries public to act as notaries in any part of the state and prescribes the manner and method of notarizations.

This bill, the California Online Notary Act of 2020, would provide that an online notary public is a notary public for purposes of, and is authorized to perform notarial acts pursuant to, the above-described provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares both of the following:
(a) It is the intent of the Legislature, in enacting this bill, to protect individuals, including immigrants, from predatory practices of notaries public.
(b) It is the intent of the Legislature, in enacting this bill, to highlight the “antipredatory” benefits of requiring notaries public to disclose the nature and charges for their services and to disclose whether they are licensed to practice law in the state.

SEC. 2.

 Section 8214.1 of the Government Code is amended to read:

8214.1.
 The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds:
(a) Substantial and material misstatement or omission in the application submitted to the Secretary of State to become a notary public.
(b) Conviction of a felony, a lesser offense involving moral turpitude, or a lesser offense of a nature incompatible with the duties of a notary public. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.
(c) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct based on dishonesty, or for any cause substantially relating to the duties or responsibilities of a notary public.
(d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public.
(e) When adjudicated liable for damages in any suit grounded in fraud, misrepresentation, or for a violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties as a notary public.
(f) The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that he or she the notary public does not possess by law.
(g) The practice of law in violation of Section 6125 of the Business and Professions Code.
(h) Charging more than the fees prescribed by this chapter.
(i) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the notary public or another, or substantially injure another.
(j) Failure to complete the acknowledgment at the time the notary’s signature and seal are affixed to the document.
(k) Failure to administer the oath or affirmation as required by paragraph (3) of subdivision (a) of Section 8205.
(l) Execution of any certificate as a notary public containing a statement known to the notary public to be false.
(m) Violation of Section 8223.
(n) Failure to submit any remittance payable upon demand by the Secretary of State under this chapter or failure to satisfy any court-ordered money judgment, including restitution.
(o) Failure to secure the sequential journal of official acts, pursuant to Section 8206, or the official seal, pursuant to Section 8207, or willful failure to report the theft or loss of the sequential journal, pursuant to subdivision (b) of Section 8206.
(p) Violation of Section 8219.5.
(q) Commission of an act in violation of Section 6203, 8214.2, 8225, or 8227.3 of the Government Code or of Section 115, 470, 487, subdivision (a) of Section 487a, or Section 530.5 of the Penal Code.
(r) Willful failure to provide access to the sequential journal of official acts upon request by a peace officer.
(s) Willful violation of Section 8214.17.

SEC. 3.

 Section 8214.17 is added to the Government Code, immediately following Section 8214.15, to read:

8214.17.
 (a) (1) A notary public that is not licensed as an attorney pursuant to Chapter 4 (commencing with Section 60001) of Division 3 of the Business and Professions Code shall disclose, prior to providing services as a notary public to any person that requests those services, that the notary public is not authorized to practice law in the state.
(2) A notary public shall disclose, prior to providing services as a notary public to any person that requests those services, of all services the notary public offers, the fee for each service, and any other applicable fees.
(b) A notary public shall provide the disclosures described in subdivision (a) in writing, including by electronic means, and in the language the notary public uses to provide the services to the person. A notary public shall also obtain a signed, or electronically signed, acknowledgment of receipt of the written disclosures prior to rendering services as a notary public to that person.
(c) “Practice law” has the same meaning as used in Section 6125 of the Business and Professions Code.

SECTION 1.The heading of Article 1 (commencing with Section 8200) is added to Chapter 3 of Division 1 of Title 2 of the Government Code, to read:
1.Notaries Public
SEC. 2.Article 2 (commencing with Section 8231) is added to Chapter 3 of Division 1 of Title 2 of the Government Code, to read:
2.California Online Notary Act of 2020
8231.

This act shall be known, and may be cited, as the California Online Notary Act of 2020.

8231.5.

(a)An online notary public is a notary public for purposes of Article 1 (commencing with Section 8200) and is subject to Article 1 to the same extent as a notary public appointed and commissioned under Article 1, unless otherwise expressly provided in this article.

(b)An online notary public may perform notarial acts provided by Article 1 (commencing with Section 8200) in addition to online notarizations provided in this article.