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SB-1322 Remote Online Notarization Act.(2019-2020)

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Date Published: 04/03/2020 09:00 PM
SB1322:v98#DOCUMENT

Amended  IN  Senate  April 03, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1322


Introduced by Senator Rubio

February 21, 2020


An act to amend Section 65913.2 of the Government Code, relating to housing. 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, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1322, as amended, Rubio. Planning and zoning: housing development: regulation. Remote Online Notarization Act.
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 Remote Online Notarization Act, would authorize a notary public to apply for registration with the Secretary of State to be a remote online notary public. The bill would provide that a remote online notary public is a notary public for purposes of the above-described provisions. The bill would require the Secretary of State to adopt rules necessary to implement the act. The bill would provide that the act shall remain in effect only while there is a declaration of a state of emergency by the Governor related to the COVID-19 virus in effect. The bill would make related findings and declarations.
This bill would declare that it is to take effect immediately as an urgency statute.

The Planning and Zoning Law requires a city, county, or city and county, in exercising its authority to regulate subdivisions, to, among other things, refrain from imposing criteria for design or improvements for the purpose of rendering infeasible the development of housing for any and all economic segments of the community.

This bill would make nonsubstantive changes to this provision.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Notarization is a key part of the real estate transaction process. Through notarization, a notary verifies the identity of a signer of a document.
(b) Since 2011, 23 states have enacted remote online notarization legislation that allows for closing documents to be notarized without requiring all individuals to be physically present in the same room.
(c) Remote notarization is an established process that can allow the notarization of essential documents, including loan and real estate transfer paperwork, to occur while promoting physical distancing during the COVID-19 outbreak.

SEC. 2.

 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:
Article  1. Notaries Public

SEC. 3.

 Article 2 (commencing with Section 8231) is added to Chapter 3 of Division 1 of Title 2 of the Government Code, to read:
Article  2. Remote Online Notarization Act

8231.
 This act shall be known, and may be cited, as the Remote Online Notarization Act.

8231.1.
 (a) A notary public may apply for registration with the Secretary of State to be a remote online notary public.
(b) A remote online notary public is a notary public for purposes of Article 1 (commencing with Section 8200).

8231.2.
 The Secretary of State shall adopt rules necessary to implement this article.

8231.3.
 This article shall remain in effect only while there is a declaration of a state of emergency by the Governor related to the COVID-19 virus in effect.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow the notarization of important documents to occur while promoting physical distancing during the COVID-19 outbreak, it is necessary that this act take effect immediately.
SECTION 1.Section 65913.2 of the Government Code is amended to read:
65913.2.

In exercising its authority to regulate subdivisions under Division 2 (commencing with Section 66410), a city, county, or city and county shall:

(a)Refrain from imposing criteria for design, as defined in Section 66418, or improvements, as defined in Section 66419, for the purpose of rendering infeasible the development of housing for any and all economic segments of the community. This section shall not be construed to enlarge or diminish the authority of a city, county, or city and county under other provisions of law to permit a developer to construct such housing.

(b)Consider the effect of ordinances adopted and actions taken by it with respect to the housing needs of the region in which the local jurisdiction is situated.

(c)Refrain from imposing standards and criteria for public improvements including, but not limited to, streets, sewers, fire stations, schools, or parks, which exceed the standards and criteria being applied by the city, county, or city and county at that time to its publicly financed improvements located in similarly zoned districts within that city, county, or city and county.