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CA AB743

Bill

Status

Failed

2/1/2024

Primary Sponsor

Cottie Petrie-Norris

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Authorizes notaries public to apply for registration with the Secretary of State to perform remote online notarizations using audiovideo communication, effective January 1, 2028, pending completion of the Secretary of State's technology project.

  • Requires online notarization platforms and depositories to register with the Secretary of State and comply with security, encryption, and data protection standards; prohibits these entities from accessing, using, or sharing notarial records without court order or express written consent from the principal.

  • Mandates online notaries public maintain secure electronic journals recording each online notarial act and create audiovideo recordings of each notarization; requires delivery of records to the Secretary of State within 30 days of resignation or commission expiration.

  • Establishes a civil cause of action against online notarization platforms or depositories for violations, allowing statutory damages of $250 per violation or actual damages, plus attorney's fees and costs.

  • Exempts records of online notarizations maintained by the Secretary of State from the California Public Records Act to protect sensitive personal information; creates misdemeanor penalties for unauthorized access to notary electronic signatures or seals and for willful failure to deliver notarial records.

Legislative Description

Remote online notaries public.

Last Action

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

2/1/2024

Committee Referrals

Appropriations4/18/2023
Judiciary2/23/2023

Full Bill Text

No bill text available