BILL ANALYSIS
AB 434
Page 1
ASSEMBLY THIRD READING
AB 434 (Silva)
As Amended April 9, 2007
Majority vote
BUSINESS & PROFESSIONS 10-0
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|Ayes:|Eng, Emmerson, Bass, | | |
| |Carter, Hayashi, | | |
| |Hernandez, Horton, Maze, | | |
| |Price, Torrico | | |
| | | | |
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SUMMARY : Requires a notary public to supply a member of the
public with a photostatic copy of any line item contained in his
or her journal within 15 business days of receiving the request
or acknowledge that the requested line item does not exist.
EXISTING LAW requires a notary public to keep an active journal
of all official acts he or she performs and to include in this
journal, among other things, information regarding every
instrument acknowledged or proved before the notary. A notary
must supply a photostatic copy of any line item contained in his
or her journal upon written request of any member of the public.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS : According to the sponsor, the California Bar
Association, Conference of Delegates (Association), absent a
disciplinary hearing, a notary currently has little if any
incentive to provide information that he or she is obligated to
provide to a member of the public within a reasonable time
frame. The Association argues that a 15-day time period
provides a notary with adequate time to respond to someone who
is attempting to verify the authenticity of a signature
notarized by the notary and that this bill "adds no substantial
burden on the duties of the notary public and provides a
guideline and expectation for response to the requesting party."
The California Escrow Association (CEA) expressed concern that a
15-day time period was not sufficient time for a notary to
respond to a request for a copy of a signature in a notary's
journal because "requests may relate to very old documents?. if
AB 434
Page 2
the notary journal relates to documents executed decades ago, a
search through archives may well be necessary." In response,
the author amended this bill to make the time period 15 business
days (as opposed to calendar days).
Analysis Prepared by : Pablo Garza / B. & P. / (916) 319-3301
FN: 0000162