Join  |  Login  |   Cart    

Notary Rotary
Just PoliticsLeisure
Welcome to the Notary Talk General Discussion Forum. Before posting, please read the


Upcoming Hearing June 28, 2022 at 10:00am
Posted by Bear900/CA of CA on 6/21/22 5:52pm Msg #640955
AB 1093, as amended, Jones-Sawyer. Remote online 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.The California Public Records Act requires that public records, as defined, be available to the public for inspection and made promptly available to any person.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 remote online 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, 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 by July 1, 2023. January 1, 2025.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 act. The bill would authorize an online notary public to perform notarial acts and online notarizations by means of audio-video communication. The bill would establish various requirements applicable to an online notary public, including requiring an online notary public to keep one or more a secure electronic journals journal to record online notarial acts, requiring an electronic notarial certificate to be a specified form that is required to be signed under penalty of perjury, and requiring an online notary public to destroy certain information upon termination of a commission, 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 for refusal or revocation of a commission as an online a notary public.This bill would make it a misdemeanor for any person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal. The bill would make it a misdemeanor for an online notary public to willfully fail or refuse to deliver all notarial records and papers to the Secretary of State within 30 days of when the online notary public resigns, is disqualified, is removed from office, or allows the online notary publicís registration to expire. By creating new crimes, and by expanding the scope of the existing crime of perjury, this bill would impose a state-mandated local program.This bill would exempt from the California Public Records Act records of online notarizations maintained by the Secretary of State.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

http://trackbill.com/bill/california-assembly-bill-1093-remote-online-notaries-public/2040025/
PrevNextReturn to General Discussion    Post a Public Reply to this MessageSend Author a Private Message


Messages in this Thread
 Hearing Canceled: AB 1093 - Remote Online Notarization Act - Matt Miller on 6/21/22 2:51pm
 That's too bad Matt - - Linda_H/FL on 6/21/22 3:07pm
 Re: Hearing Canceled: AB 1093 - Remote Online Notarization Act - Bear900/CA on 6/21/22 3:08pm
 Re: Hearing Canceled: AB 1093 - Remote Online Notarization Act -  Yoli/CA on 6/21/22 3:54pm
 Re: Hearing Canceled: AB 1093 - Remote Online Notarization Act - Matt Miller on 6/21/22 4:08pm
 Remote Online Notarization Act - Signerbill on 6/21/22 3:46pm
 Re: Remote Online Notarization Act - Matt Miller on 6/21/22 4:33pm
 Re: Remote Online Notarization Act - jnew on 6/21/22 7:42pm
 Signerbill: can you elaborate on this statement? - Lee/AR on 6/22/22 5:04am
 Re: Signerbill: can you elaborate on this statement? - VT_Syrup on 6/22/22 8:44am
 elaborate on this statement? - Signerbill on 6/22/22 9:54am
 AB 1093 , negotiations appear to remain ongoing - Bear900/CA on 6/21/22 5:10pm
 Upcoming Hearing June 28, 2022 at 10:00am - Bear900/CA on 6/21/22 5:52pm
 Ok, looks like the June 28th hearing was cancelled - Bear900/CA on 6/21/22 6:07pm
 Re: AB 1093 , negotiations appear to remain ongoing - VT_Syrup on 6/21/22 6:30pm
 It's got a long ways to go for sure n/m - Bear900/CA on 6/21/22 6:37pm
 Re: AB 1093 , negotiations appear to remain ongoing -  BrendaTx on 6/21/22 10:26pm
 Another AB 1093 comment -  BrendaTx on 6/23/22 9:18pm
 Which state? n/m - Lee/AR on 6/24/22 7:40am
 Re: AB 1093 , negotiations appear to remain ongoing -  BrendaTx on 6/21/22 10:24pm
 That's very disappointing. It is very unfortunate for CA - grapebed on 6/21/22 5:56pm



 
Find a Notary   Notary Supplies   Terms   Privacy Statement   Help/FAQ   About   Contact Us   Archive  
 
Notary Rotary™ is a trademark of Notary Rotary. Copyright © 2002-2022, Notary Rotary, Inc.  All rights reserved.
500 New York Ave, Des Moines, IA 50313.