BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 434
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 434 (Silva)
          As Amended September 5, 2007
          Majority vote
           
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          |ASSEMBLY:  |72-0 |(April 12,      |SENATE: |40-0 |(September 10, |
          |           |     |2007)           |        |     |2007)          |
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           Original Committee Reference:    B. & P.  

           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.

           The Senate amendments  allow a notary to use unavoidable exigent  
          business or personal circumstances as a defense in a  
          disciplinary proceeding for failure to comply with the  
          requirement to provide photostatic copies within 15 days.

           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.

           AS PASSED BY THE ASSEMBLY  , this bill required a notary public to  
          provide a photostatic copy of any line item contained in his/her  
          journal within 15 business days of receiving the request.

           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 the proposed 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  








                                                                  AB 434
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          guideline and expectation for response to the requesting party."

           
          Analysis Prepared by  :    Ross Warren / B. & P. / (916) 319-3301 


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