Statutes of 2008 – Legislative Summary

Following are summaries of bills enacted into law that may directly affect filings made and business conducted with the Secretary of State’s office. Unless otherwise indicated, these measures took effect on January 1, 2009. To research other legislation that does not impact filings made or business conducted with the Secretary of State’s office but that may affect your business, please refer to the Bill Index section of the California Legislative Counsel’s website for a list of all bills introduced in the Assembly and Senate during the 2007–2008 legislative session.

The various California Codes (reflecting laws currently in effect) can be accessed through the California Law section of the California Legislative Counsel’s website.

Notary Public

Chapter 67 (AB 2452 Davis)

This act adds another class of documents to the list of acceptable types of identification a notary public may use to identify a person. The new documents include an employee identification card issued by a California governmental agency or office. The identification card must have been issued within the last five years and must contain a photograph and description of the person, the signature of the person, and an identifying number.

Additionally, a subscribing witness can no longer appear before a notary public and prove identity based on personal knowledge alone. The subscribing witness must bring a credible witness and the credible witness must have identification, and prove identity by satisfactory evidence.

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Special Filings

Chapter 278 (AB 180 Bass and Lieu)
Effective July 1, 2009

Effective July 1, 2009, this act amends various provisions relating to the conduct of foreclosure consultants and the requirements for contracts between homeowners and the foreclosure consultant and for cancellation of the contract. This act requires foreclosure consultants to register with the Attorney General’s office and obtain and maintain a surety bond to be filed with the Secretary of State. This bill also creates a crime for the foreclosure consultant to receive compensation prior to full performance of the contract.

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