Bill Text: NY A03238 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires notary publics to provide evidence of identity for a notarial act and maintain an official journal of notarial acts.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2011-01-24 - referred to governmental operations [A03238 Detail]

Download: New_York-2009-A03238-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3238
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the executive law, in relation to the duties of notaries
         public, by requiring evidence of identity for a notarial act and main-
         tenance of an official journal of notarial acts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  135  of  the executive law is amended to read as
    2  follows:
    3    S 135. Powers and duties; in  general;  of  notaries  public  who  are
    4  attorneys  at  law.    1.  Every  notary public duly qualified is hereby
    5  authorized and empowered within and throughout the state  to  administer
    6  oaths  and  affirmations, to take affidavits and depositions, to receive
    7  and certify acknowledgments or proof of deeds, mortgages and  powers  of
    8  attorney  and  other  instruments  in  writing;  to demand acceptance or
    9  payment of foreign and inland bills of exchange,  promissory  notes  and
   10  obligations  in  writing,  and to protest the same for non-acceptance or
   11  non-payment, as the case may require, and, for use in another  jurisdic-
   12  tion, to exercise such other powers and duties as by the laws of nations
   13  and  according  to commercial usage, or by the laws of any other govern-
   14  ment or country may be  exercised  and  performed  by  notaries  public,
   15  provided that when exercising such powers he shall set forth the name of
   16  such other jurisdiction.
   17    2.  A  NOTARY  PUBLIC  SHALL  DETERMINE  THE  IDENTITY  OF EACH PERSON
   18  REQUESTING A NOTARIAL ACT. A NOTARY PUBLIC HAS EVIDENCE OF  IDENTITY  IF
   19  THE  PERSON  REQUESTING A NOTARIAL ACT IS PERSONALLY KNOWN TO THE NOTARY
   20  PUBLIC; IS IDENTIFIED ON THE BASIS OF A CURRENT IDENTIFICATION  DOCUMENT
   21  ISSUED  BY A FEDERAL OR STATE GOVERNMENT AGENCY CONTAINING A PHOTOGRAPH,
   22  SIGNATURE, AND PHYSICAL DESCRIPTION, THOUGH A PROPERLY STAMPED  PASSPORT
   23  WITHOUT  A PHYSICAL DESCRIPTION IS ACCEPTABLE; OR IS IDENTIFIED UPON THE
   24  OATH OR AFFIRMATION OF A CREDIBLE WITNESS PERSONALLY KNOWN TO THE NOTARY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06480-01-1
       A. 3238                             2
    1  PUBLIC OR OF TWO CREDIBLE WITNESSES WHO PRESENT AN IDENTIFICATION  DOCU-
    2  MENT PURSUANT TO THIS SECTION.
    3    3.  A  NOTARY PUBLIC SHALL KEEP, MAINTAIN, AND PROTECT A CHRONOLOGICAL
    4  PAPER OR ELECTRONIC OFFICIAL JOURNAL OF NOTARIAL ACTS. FOR  EVERY  NOTA-
    5  RIAL  ACT,  THE  NOTARY SHALL RECORD IN THE JOURNAL THE DATE AND TIME OF
    6  THE NOTARIAL ACT,  THE  TYPE  OF  NOTARIAL  ACT;  THE  TYPE,  TITLE,  OR
    7  DESCRIPTION  AND  DATE  OF  THE  DOCUMENT  OR MATTER; THE NAME, ADDRESS,
    8  SIGNATURE, AND, IN THE CASE OF REAL ESTATE DOCUMENTS, THE  RIGHT  THUMB-
    9  PRINT  OF  EACH PERSON WHO REQUESTS A NOTARIAL ACT; A DESCRIPTION OF THE
   10  EVIDENCE OF IDENTITY OF EACH PERSON, INCLUDING, IF APPLICABLE, A  STATE-
   11  MENT  THAT  THE  PERSON  IS  "PERSONALLY KNOWN" TO THE NOTARY, THE TYPE,
   12  SERIAL NUMBER, AND DATE OF ISSUANCE OR EXPIRATION OF  AN  IDENTIFICATION
   13  DOCUMENT,  OR  THE  NAME  AND  SIGNATURE OF ANY CREDIBLE WITNESS, AND IF
   14  APPLICABLE, THE TYPE, SERIAL NUMBER, AND DATE OF ISSUANCE OR  EXPIRATION
   15  OF  A DOCUMENT IDENTIFYING THE WITNESS; AND THE FEE, IF ANY, CHARGED FOR
   16  THE NOTARIAL ACT.
   17    4. A notary public who is an attorney at  law  regularly  admitted  to
   18  practice  in  this  state  may, in his discretion, administer an oath or
   19  affirmation to or take the affidavit or acknowledgment of his client  in
   20  respect of any matter, claim, action or proceeding.
   21    5.  For any misconduct by a notary public in the performance of any of
   22  his powers such notary public shall be liable to the parties injured for
   23  all damages sustained by them. A notary public shall  not,  directly  or
   24  indirectly, demand or receive for the protest for the non-payment of any
   25  note,  or for the non-acceptance or non-payment of any bill of exchange,
   26  check or draft and giving the requisite notices and certificates of such
   27  protest, including his notarial seal, if affixed  thereto,  any  greater
   28  fee  or  reward  than seventy-five cents for such protest, and ten cents
   29  for each notice, not exceeding five, on any bill or note.  Every  notary
   30  public  having  a  seal  shall,  except  as otherwise provided, and when
   31  requested, affix his seal to such protest free of expense.
   32    S 2. This act shall take effect immediately.