CA SB 696

Title: Notaries public.
Author: Evan Low

Summary
SB 696, Portantino. Notaries public. 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 requires a notary public to keep one active sequential journal at a time of all official acts performed as a notary public. Existing law authorizes notaries public to act as notaries in any part of the state and prescribes the manner and method of notarizations. Existing law establishes various requirements to ensure the security of notary seals and imposes a civil penalty for a violation of those provisions.This bill would give effect to a notarial act performed in another state, under the authority and within the jurisdiction of a federally recognized Indian tribe, under federal law, or under the authority and within the jurisdiction of a foreign state, as if it were performed by a notarial officer of this state, if specified conditions are met.This bill would authorize a notary public or an applicant for appointment as a notary public to apply for registration with the secretary to be a notary public authorized to perform online notarizations by submitting an application that meets certain requirements. The bill would also require an entity to register with the Secretary of State as an online notarization platform or depository before providing an online notarization system or depository, as defined, to an online notary public. The bill would require a representative of an online notarization platform to certify compliance with applicable laws under penalty of perjury. The bill also creates a civil cause of action against an online notarization platform or depository for a violation of those laws. The bill would require the Secretary of State to develop an application for registration and establish rules to implement the bill.This bill would authorize the Secretary of State to charge an applicant a fee for an application for registration in an amount necessary to administer the bill’s provisions related to online notarizations. The bill would authorize an online notary public to perform notarial acts and online notarizations by means of audio-video communication. The bill would specify that any state law requirement that a principal, as defined, appear before or in the presence of the notary public shall be satisfied by appearing by means of audio-video communication before a notary public authorized to perform online notarization in compliance with specified requirements. The bill would establish various requirements applicable to an online notary public, including requiring an online notary public to record each online notarial act performed by the notary public in one tangible sequential journal and one or more secure electronic journals, as specified, requiring an electronic notarial certificate to be in a specified form that is required to be signed under penalty of perjury, and requiring an online notary public to take all necessary measures to disable the electronic affixation of the notary public’s electronic signature or seal upon termination of a commission, as specified. The bill would require a manufacturer or vendor of the notary public’s electronic seal to apply to the Secretary of State to be assigned an identification number, as specified.This bill would establish various requirements applicable to an online notarization platform, including prohibiting an online notarization platform or depository from accessing, using, sharing, selling, disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating the contents of an online notarial act, with specified exceptions. The bill would also make other conforming changes. The bill would impose requirements for ensuring the security of an electronic signature or electronic seal and would make a violation of those provisions subject to civil penalties. The bill would make a violation of those provisions grounds fo

Status
Enrolled and presented to the Governor at 3 p.m.

Bill Documents
CA SB 696 - 09/13/23 - Enrolled
09/13/23 - CA SB 696 (09/13/23 - Enrolled)