BILL NUMBER: AB 18 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2007
AMENDED IN ASSEMBLY MARCH 19, 2007
INTRODUCED BY Assembly Member Blakeslee
DECEMBER 4, 2006
An act to amend Section 14 of, and to add Section 15 to, the Civil
Code, to amend Section 17 of the Code of Civil Procedure, to amend
Section 17 of the Corporations Code, to amend Section 354.5 of the
Elections Code, to amend Section 17 of the Financial Code, to amend
Section 81 of the Fish and Game Code, to amend Section 16 of, and to
add Section 12172.7 to, the Government Code, to amend Section 18 of
the Harbors and Navigation Code, to amend Section 18 of the Health
and Safety Code, to amend Section 18 of the Insurance Code, to amend
Section 17 of the Labor Code, to amend Section 17 of the Military and
Veterans Code, to amend Section 7 of the Penal Code, to amend
Section 17 of the Public Resources Code, to amend Section 16 of the
Public Utilities Code, to amend Section 18 of the Revenue and
Taxation Code, to amend Section 18 of the Streets and Highways Code,
to amend Section 17 of the Unemployment Insurance Code, to amend
Section 17 of the Vehicle Code, to amend Section 17 of the Water
Code, and to amend Section 17 of the Welfare and Institutions Code,
relating to disabled persons.
LEGISLATIVE COUNSEL'S DIGEST
AB 18, as amended, Blakeslee. Disabled persons: signature stamps.
Existing law generally provides that, when a signature is required
on a document or writing, a person who cannot write may satisfy that
requirement by the use of a mark if certain conditions are met,
except as specified.
This bill would establish the Warren Mattingly Signature Stamp
Act, which would provide, in addition, that a person with a
disability, as defined, who, by reason of the disability, is unable
to write may use a signature stamp, or authorize another person to
use the stamp, to affix his or her signature to a document or writing
any time that a signature is required by law or requested in
connection with a transaction. The bill would require that a
signature affixed with a signature stamp pursuant to these provisions
be treated in the same manner as a signature made in writing. It
would impose certain conditions on the use of signature stamps,
including a condition that the signature stamp be used in the
presence of the person, entity, or representative of the person or
entity that requires or requests the signature and a condition that
the owner of the signature stamp present valid identification, as
specified. The bill would require that, in certain
circumstances, a signature by signature stamp be accompanied by the
signature of a witness or, in certain other circumstances, 2
witnesses.
The bill would prohibit the use of a signature stamp on a ballot,
or to obtain a ballot, in any local, state, or federal election
unless the person has registered the signature stamp with the
Secretary of State, and would require the Secretary of State to
develop such a registry.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known as the Warren Mattingly
Signature Stamp Act.
SEC. 2. Section 14 of the Civil Code is amended to read:
14. (a) Words used in this code in the present tense include the
future as well as the present; words used in the masculine gender
include the feminine and neuter; the singular number includes the
plural, and the plural the singular.
(1) "Person" includes a corporation as well as a natural person.
(2) "County" includes city and county.
(3) "Writing" includes printing and typewriting.
(4) "Oath" includes affirmation or declaration; and every mode of
oral statement, under oath or affirmation, is embraced by the term
"testify," and every written one in the term "depose."
(b) The following words have in this code the signification
attached to them in this section, unless otherwise apparent from the
context:
(1) "Property" includes property real and personal.
(2) "Real property" is coextensive with lands, tenements, and
hereditaments.
(3) "Personal property" includes money, goods, chattels, things in
action, and evidences of debt.
(4) "Month" means a calendar month, unless otherwise expressed.
(5) "Will" includes codicil.
(6) "Section," whenever employed, refers to a section of this
code, unless some other code or statute is expressly mentioned.
(7) "Signature" or "subscription" includes the following:
(A) A mark when the person cannot write, the signer's or
subscriber's name being written near the mark by a person who writes
his or her own name as a witness, provided that when a signature is
by mark it must, in order that it may be acknowledged or may serve as
the signature to any sworn statement, be witnessed by two persons
who must subscribe their own names as witnesses thereto.
(B) An impression made by the use of a signature stamp pursuant to
the requirements specified in Section 15.
SEC. 3. Section 15 is added to the Civil Code, to read:
15. (a) Except as provided in subdivisions (b) to (d), inclusive,
and notwithstanding any other provision of law, the following
provisions apply:
(1) An authorized user may use a signature stamp to affix a
signature to a document or writing any time that a signature is
required by law or requested in connection with a transaction.
(2) A signature affixed with a signature stamp by an authorized
user in accordance with the requirements of this section shall be
treated in the same manner as a signature made in writing.
(b) If the requirement that a document or writing be signed is
accompanied by any additional qualifying requirement, subdivision (a)
shall apply only if each additional qualifying requirement is
satisfied.
(c) A person shall not use a signature stamp unless the following
requirements are met:
(1) The person is an authorized user of that signature stamp.
(2) The person uses the signature stamp in the presence of the
person, entity, or representative of the person or entity that
requires or requests the signature in the execution of the
document .
(3) The owner of the signature stamp presents valid identification
as proof of his or her identity to ensure that the person using or
authorizing the use of the signature stamp is the owner of the stamp.
(d) A person shall not use a signature stamp on a ballot, or to
obtain a ballot, in any local, state, or federal election unless the
person has registered the signature stamp with the Secretary of State
pursuant to Section 12172.7 of the Government Code.
(e) The following definitions apply for purposes of this section:
(1) "Authorized user" means either of the following:
(A) A person with a disability who, by reason of that disability,
is unable to write and who owns a signature stamp.
(B) A person using the signature stamp on behalf of the owner of
the stamp with the owner's express consent and in the presence of the
owner.
(2) "Disability" means a medical condition, mental disability, or
physical disability, as those terms are defined in subdivisions (h),
(i), and (k), respectively, of Section 12926 of the Government Code.
(3) "Identification" means any form of identification listed in
paragraph (1) of subdivision (d) of Section 20107 of Title
2 of the California Code of Regulations.
(4) "Signature stamp" means a stamp that contains the impression
of any of the following:
(A) The actual signature of a person with a physical
disability.
(B) A mark or symbol that is adopted by the person with the
physical disability.
(C) A signature of the name of a person with a physical
disability that is made by another person and is adopted by
the person with the physical disability.
SEC. 4. Section 17 of the Code of Civil Procedure is amended to
read:
17. (a) Words used in this code in the present tense include the
future as well as the present; words used in the masculine gender
include the feminine and neuter; the singular number includes the
plural , and the plural the singular.
(1) "Person" includes a corporation as well as a natural person.
(2) "County" includes "city and county."
(3) Writing "Writing"
includes printing and typewriting.
(4) Oath "Oath" includes affirmation
or declaration; and every mode of oral statement, under oath or
affirmation, is embraced by the term "testify," and every written one
in the term "depose."
(b) The following words have in this code the signification
attached to them in this section, unless otherwise apparent from the
context:
(1) "Property" includes both real and personal property.
(2) "Real property" is coextensive with lands, tenements, and
hereditaments.
(3) "Personal property" includes money, goods, chattels, things in
action, and evidences of debt.
(4) "Month" means a calendar month, unless otherwise expressed.
(5) "Will" includes codicil.
(6) "Writ" signifies an order or precept in writing issued in the
name of the people, or of a court or judicial officer, and "process"
signifies a writ or summons issued in the course of judicial
proceedings.
(7) "State," when applied to the different parts of the United
States, includes the District of Columbia and the territories, and
"United States" may include the district and territories.
(8) "Section," whenever employed, refers to a section of this
code, unless some other code or statute is expressly mentioned.
(9) "Affinity," when applied to the marriage relation, signifies
the connection existing, in consequence of marriage, between each of
the married persons and the blood relatives of the other.
(10) "Sheriff" includes "marshal."
(11) "Signature" or "subscription" includes the following:
(A) A mark when the person cannot write, the signer's or
subscriber's name being written near the mark by a person who writes
his or her own name as a witness, provided that when a signature is
by mark it must, in order that it may be acknowledged or may serve as
the signature to any sworn statement, be witnessed by two persons
who must subscribe their own names as witnesses thereto.
(B) An impression made by the use of a signature stamp pursuant to
the requirements specified in Section 15 of the Civil Code.
SEC. 5. Section 17 of the Corporations Code is amended to read:
17. (a) "Signature" includes mark when the signer cannot write,
the signer's name being written near the mark by a witness who writes
his or her own name near the signer's name; but a signature by mark
may be acknowledged or may serve as a signature to a sworn statement
only when two witnesses so sign their own names thereto.
(b) "Signature" also includes an impression made by the use of a
signature stamp pursuant to the requirements specified in Section 15
of the Civil Code.
SEC. 6. Section 354.5 of the Elections Code is amended to read:
354.5. (a) "Signature" includes both of the following:
(1) A person's mark if the name of the person affixing the mark is
written near the mark by a witness over the age of 18 years
designated by the person and the designee subscribes his or her own
name as a witness thereto.
(2) An impression made by the use of a signature stamp pursuant to
the requirements specified in Section 15 of the Civil Code.
(b) A mark attested as provided in paragraph (1) of subdivision
(a), or an impression made by a signature stamp as provided in
paragraph (2) of subdivision (a), may serve as a signature for any
purpose specified in this code, including a sworn statement.
SEC. 7. Section 17 of the Financial Code is amended to read:
17. (a) "Signature" or "subscription" includes mark. The mark
shall be made as required in the Civil Code.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 8. Section 81 of the Fish and Game Code is amended to read:
81. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses also
sign their own names.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 9. Section 16 of the Government Code is amended to read:
16. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 9.5. Section 12172.7 is added to the Government Code, to
read:
12172.7. (a) The Secretary of State shall develop a registry for
signature stamps that are authorized for use, pursuant to Section 15
of the Civil Code, on a ballot, or to obtain a ballot, in a local,
state, or federal election.
(b) The Secretary of State shall adopt regulations relating to the
registration procedures for signature stamps and the verification of
signature stamp registration.
SEC. 10. Section 18 of the Harbors and Navigation Code is amended
to read:
18. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 11. Section 18 of the Health and Safety Code is amended to
read:
18. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 12. Section 18 of the Insurance Code is amended to read:
18. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 13. Section 17 of the Labor Code is amended to read:
17. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 14. Section 17 of the Military and Veterans Code is amended
to read:
17. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
the same.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 15. Section 7 of the Penal Code is amended to read:
7. (a) Words used in this code in the present tense include the
future as well as the present; words used in the masculine gender
include the feminine and neuter; the singular number includes the
plural, and the plural the singular.
(1) "Person" includes a corporation as well as a natural person.
(2) "County" includes "city and county."
(3) "Writing" includes printing and typewriting.
(4) "Oath" includes affirmation or declaration; and every mode of
oral statement, under oath or affirmation, is embraced by the term
"testify," and every written one in the term "depose."
(b) The following words have in this code the signification
attached to them in this section, unless otherwise apparent from the
context:
(1) "Willfully," when applied to the intent with which an act is
done or omitted, implies simply a purpose or willingness to commit
the act, or make the omission referred to. It does not require any
intent to violate law, or to injure another, or to acquire any
advantage.
(2) "Neglect," "negligence," "negligent," and "negligently" import
a want of the attention to the nature or probable consequences of
the act or omission that a prudent person ordinarily bestows in
acting in his or her own concerns.
(3) "Corruptly" imports a wrongful design to acquire or cause some
pecuniary or other advantage to the person guilty of the act or
omission referred to, or to some other person.
(4) "Malice" and "maliciously" import a wish to vex, annoy, or
injure another person, or an intent to do a wrongful act, established
either by proof or presumption of law.
(5) "Knowingly" imports only a knowledge that the facts exist
which bring the act or omission within the provisions of this code.
It does not require any knowledge of the unlawfulness of that act or
omission.
(6) "Bribe" signifies anything of value or advantage, present or
prospective, or any promise or undertaking to give any, asked, given,
or accepted, with a corrupt intent to influence, unlawfully, the
person to whom it is given, in his or her action, vote, or opinion,
in any public or official capacity.
(7) "Vessel," when used with reference to shipping, includes ships
of all kinds, steamboats, canalboats, barges, and every structure
adapted to be navigated from place to place for the transportation of
merchandise or persons, except that, as used in Sections 192.5 and
193.5, "vessel" means a vessel as defined in subdivision (c) of
Section 651 of the Harbors and Navigation Code.
(8) "Peace officer" signifies any one of the officers mentioned in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(9) "Magistrate" signifies any one of the officers mentioned in
Section 808.
(10) "Property" includes both real and personal property.
(11) "Real property" is coextensive with lands, tenements, and
hereditaments.
(12) "Personal property" includes money, goods, chattels, things
in action, and evidences of debt.
(13) "Month" means a calendar month, unless otherwise expressed;
"daytime" means the period between sunrise and sunset, and "nighttime"
means the period between sunset and sunrise.
(14) "Will" includes codicil.
(15) "Writ" signifies an order or precept in writing, issued in
the name of the people, or of a court or judicial officer, and
"process" a writ or summons issued in the course of judicial
proceedings.
(16) When the seal of a court or public officer is required by law
to be affixed to any paper, the word "seal" includes an impression
of the seal upon the paper alone, or upon any substance attached to
the paper capable of receiving a visible impression. The seal of a
private person may be made in like manner, or by the scroll of a pen,
or by writing the word "seal" against his or her name.
(17) "State," when applied to the different parts of the United
States, includes the District of Columbia and the territories, and
"United States" may include the district and territories.
(18) "Section," whenever hereinafter employed, refers to a section
of this code, unless some other code or statute is expressly
mentioned.
(19) To "book" signifies the recordation of an arrest in official
police records, and the taking by the police of fingerprints and
photographs of the person arrested, or any of these acts following an
arrest.
(20) "Signature" or "subscription" includes both of the following:
(A) A mark when the person cannot write, the signer's or
subscriber's name being written near the mark by a person who writes
his or her own name as a witness; provided, that when a signature is
made by mark it must, in order that it may be acknowledged or serve
as the signature to any sworn statement, be witnessed by two persons
who must subscribe their own names as witnesses thereto.
(B) An impression made by the use of a signature stamp pursuant to
the requirements specified in Section 15 of the Civil Code.
(c) Words and phrases must be construed according to the context
and the approved usage of the language; but technical words and
phrases, and any others that may have acquired a peculiar and
appropriate meaning in law, shall be construed according to that
peculiar and appropriate meaning.
(d) Words giving a joint authority to three or more public
officers or other persons are construed as giving that authority to a
majority of them, unless it is otherwise expressed in the act giving
the authority.
SEC. 16. Section 17 of the Public Resources Code is amended to
read:
17. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 17. Section 16 of the Public Utilities Code is amended to
read:
16. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 18. Section 18 of the Revenue and Taxation Code is amended to
read:
18. (a) "Signature" or "subscription" includes mark. The mark
shall be made as required in the Civil Code.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 19. Section 18 of the Streets and Highways Code is amended to
read:
18. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 20. Section 17 of the Unemployment Insurance Code is amended
to read:
17. (a) "Signature" or "subscription" includes mark. The mark
shall be made as required in the Civil Code.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the
requirements specified in Section 15 of the Civil Code.
when used pursuant to the following requirements:
(1) The impression shall be made by an authorized user of the
signature stamp. For purposes of this section, "authorized user"
means either of the following:
(A) A person with a disability who, by reason of that disability,
is unable to write and who owns the signature stamp. For purposes of
this section "disability" means a medical condition, mental
disability, or physical disability, as those terms are defined in
Section 12926 of the Government Code.
(B) A person using the signature stamp on behalf of the owner of
the stamp with the owner's express consent and in the presence of the
owner.
(2) An impression, when made by the use of a signature stamp by an
authorized user, shall include the signer's or subscriber's name
written near the impression by a person who writes his or her own
name as a witness, provided that when a signature is by signature
stamp it must, in order that it may be acknowledged or may serve as
the signature to any sworn statement, be witnessed by two persons who
must subscribe their own names as witnesses thereto.
SEC. 21. Section 17 of the Vehicle Code is amended to read:
17. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 22. Section 17 of the Water Code is amended to read:
17. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.
SEC. 23. Section 17 of the Welfare and Institutions Code is
amended to read:
17. (a) "Signature" or "subscription" includes mark when the
signer or subscriber cannot write, the signer's or subscriber's name
being written near the mark by a witness who writes his or her own
name near the signer's or subscriber's name; but a signature or
subscription by mark may be acknowledged or may serve as a signature
or subscription to a sworn statement only when two witnesses so sign
their own names thereto.
(b) "Signature" or "subscription" also includes an impression made
by the use of a signature stamp pursuant to the requirements
specified in Section 15 of the Civil Code.