California 2009-2010 Regular Session

California Assembly Bill AB2282 Latest Draft

Bill / Introduced Version Filed 02/18/2010

 BILL NUMBER: AB 2282INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Miller FEBRUARY 18, 2010 An act to amend Section 1633.11 of the Civil Code, relating to electronic transactions. LEGISLATIVE COUNSEL'S DIGEST AB 2282, as introduced, Miller. Electronic transactions: notarized signatures. Existing law provides that an electronic signature may be notarized if the electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information ordinarily required to be included in a notarization. This bill would define "electronic signature" for purposes of these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1633.11 of the Civil Code is amended to read: 1633.11. (a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law. (b) In a transaction, if a law requires that a statement be signed under penalty of perjury, the requirement is satisfied with respect to an electronic signature, if an electronic record includes, in addition to the electronic signature, all of the information as to which the declaration pertains together with a declaration under penalty of perjury by the person who submits the electronic signature that the information is true and correct.  (c) For purposes of this section, "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record, and executed or adopted by a person with the intent to sign that record.