Bill Text: CA AB300 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Notaries public: notification of death: delivery of notarial records and papers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB300 Detail]

Download: California-2023-AB300-Introduced.html

---

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 300

---

Introduced by Assembly Member Papan

January 26, 2023

---

An act to amend Section 8209 of the Government Code, relating to notaries public.

LEGISLATIVE COUNSEL'S DIGEST

AB 300, as introduced, Papan. Notaries public: notification of death: delivery of notarial records and papers.

Existing law requires that if a notary public resigns, is disqualified, removed from office, or allows their appointment to expire, as provided, the person is required, within 30 days, to deliver all notarial records and papers to the county clerk of the county where the notary public’s official oath of office is on file.

Existing law, in the case of the death of a notary public, requires the decedent’s personal representative to notify the Secretary of State of the death and to deliver all notarial records and papers of the deceased to the clerk of the county in which the notary public’s official oath of office is on file.

This bill would, instead, require the personal representative, the decedent’s successor in interest, as defined, or the person who is in actual or constructive possession of the deceased notary public’s notarial records and papers, to notify the Secretary of State of the death of the notary public, and to deliver all notarial records and papers of the deceased to the clerk of the county in which the notary public’s official oath of office is on file.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 8209 of the Government Code is amended to read:

8209.

 (a) If any notary public resigns, is disqualified, removed from office, or allows his or her their appointment to expire without obtaining reappointment within 30 days, all notarial records and papers shall be delivered within 30 days to the clerk of the county in which the notary public’s current official oath of office is on file. If the notary public willfully fails or refuses to deliver all notarial records and papers to the county clerk within 30 days, the person is guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction.

(b) In the case of the death of a notary public, the personal representative of the deceased deceased, the decedent’s successor in interest as defined in Section 377.11 of the Code of Civil Procedure, or the person who is in actual or constructive possession of the notarial records and papers of the deceased, shall promptly notify the Secretary of State of the death of the notary public and shall deliver all notarial records and papers of the deceased to the clerk of the county in which the notary public’s official oath of office is on file.

(c) After 10 years from the date of deposit with the county clerk, if no request for, or reference to such records has been made, they may be destroyed upon order of court.