AB 2747, as introduced, Committee on Judiciary. Notaries public: civil penalties.
Existing law authorizes the Secretary of State to appoint and commission notaries public in such number as the secretary deems necessary for the public convenience. Existing law authorizes the secretary to refuse to appoint any person as notary public or to revoke or suspend the commission of any notary public upon specified grounds. Existing law also makes specified violations by a notary public punishable by a civil penalty not to exceed $750 or $1,500.
This bill would make a willful failure by a notary public to discharge fully and faithfully any of the duties or responsibilities of a notary public punishable by a civil fine not to exceed $1,500.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8214.15 of the Government Code is
2amended to read:
(a) In addition to any commissioning or disciplinary
2sanction, a violation of subdivision (f), (i), (l), (m), or (p) of Section
38214.1begin insert, or a willful violation of subdivision (d) of Section 8214.1,end insert
4 is punishable by a civil penalty not to exceed one thousand five
5hundred dollars ($1,500).
6(b) In addition to any commissioning or disciplinary sanction,
7a violation of subdivision (h), (j), or (k) of Section 8214.1, or a
8negligent violation of subdivision (d) of Section 8214.1 is
9punishable by a civil penalty not to exceed seven hundred fifty
10dollars ($750).
11(c) The civil penalty may be imposed by the Secretary of State
12if a hearing is not requested pursuant to Section 8214.3. If a hearing
13is requested, the hearing officer shall make the determination.
14(d) Any civil penalties collected pursuant to this section shall
15be transferred to the General Fund. It is the intent of the Legislature
16that to the extent General Fund moneys are raised by penalties
17collected pursuant to this section, that money shall be made
18available to the Secretary of State’s office to defray its costs of
19investigating and pursuing commissioning and monetary remedies
20for violations of the notary public law.
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