Bill Text: NJ S180 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires applicants for notary public commission to take course and pass written examination; requires applicants to submit to criminal history record background check.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-05-20 - Withdrawn from Consideration [S180 Detail]
Download: New_Jersey-2010-S180-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Requires applicants for notary public commission to take course and pass written examination; requires applicants to submit to criminal history record background check.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning notaries public and amending and supplementing P.L.1979, c.460 and amending P.L.1981, c.487.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1979, c.460 (C.52:7-12) is amended to read as follows:
3. No person shall be appointed a notary public unless:
a. he is 18 years of age or older; and
b. pursuant to a criminal history record background check, including fingerprint comparison, conducted through the Federal Bureau of Investigation and the State Bureau of Investigation in the Division of State Police, he has no record of conviction for a crime enumerated in sections 1 or 2 of P.L.1981, c.487 (C.52:7-20 or C.52:7-21), except that if the person has such a record of conviction the State Treasurer may make a determination for appointment of the person in accordance with the provisions of P.L.1968, c.282 (C.2A:168A-1 et seq.). The person seeking approval shall bear the cost for the criminal history record background check, including all costs of administering and processing the check; and
c. for appointments made on or after six months following the effective date of P.L. , c. (C. ) (now before the Legislature as this bill):
(1) he has satisfactorily completed a six-hour course of study approved by the State Treasurer pursuant to subsection a. of section 4 of P.L. , c. (C. ) (now before the Legislature as this bill), concerning the functions and duties of a notary public; and
(2) he has satisfactorily completed a written examination prescribed by the State Treasurer to determine the fitness and duties of the office of notary public. All questions shall be based on the laws of this State as set forth in the public manual of the laws of New Jersey relating to notaries public issued by the State Treasurer.
(cf: P.L.1979, c.460, s.3)
2. Section 1 of P.L.1981, c.487 (C.52:7-20) is amended to read as follows:
1. No person shall be appointed
or, if so appointed, shall forfeit that appointment as a
notary public if he has been convicted under the laws of this State of an
offense involving dishonesty or of a crime of the second degree or above, but
nothing in this section shall be deemed to supersede P.L.1968, c.282
(C.2A:168A-1 et seq.). A notary public shall report any disqualifying
conviction to
the State Treasurer within 48 hours of the conviction.
(cf: P.L.1981, c.487, s.1)
3. Section 2 of P.L.1981, c.487 (C.52:7-21) is amended to read as follows:
2. No person shall be appointed or, if so appointed, shall forfeit that appointment as a notary public if he has been convicted under the laws of another state, or of the United States, of an offense or crime involving dishonesty or which, if committed in this State, would be a crime of the second degree or above, but nothing in this section shall be deemed to supersede P.L.1968, c.282 (C. 2A:168A-1 et seq.). A notary public shall report any disqualifying conviction to the State Treasurer within 48 hours of the conviction.
(cf: P.L.1981, c.487, s.2)
4. (New section) a. Commencing January 1, 2006, the State Treasurer shall review the course of study proposed by any vendor to be offered pursuant to subsection c. of section 3 of P.L.1979, c.460 (C.52:7-12). If the course of study includes all material that a person is expected to know to satisfactorily complete the written examination required pursuant to subsection c. of section 3 of P.L.1979, c.460 (C.52:7-12), the State Treasurer shall approve the course of study.
b. The State Treasurer shall, by regulation, prescribe an application form and adopt a certificate of approval for the notary public education course of study proposed by a vendor.
c. The State Treasurer may also provide a notary public education course of study.
d. The State Treasurer shall compile a list of all persons offering an approved course of study pursuant to subsection a. of this section and shall provide the list with every public manual of the laws of New Jersey relating to notaries public issued by the State Treasurer.
5. (New section) The written examination prescribed by the State Treasurer to determine the fitness of an applicant to exercise the functions of notary public as provided in subsection c. of section 3 of P.L.1979, c.460 (C. 52:7-12), shall be a proctored examination administered by the Department of the Treasury. The Department of the Treasury shall charge a $20 nonrefundable fee which shall be payable at the examination site.
6. This act shall take effect on the 180th day after enactment, but the Department of Treasury may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.
STATEMENT
Under current law, no person shall be appointed a notary public if that person has been convicted of an offense involving dishonesty or of a crime of the second degree or above, except if the State Treasurer deems that person rehabilitated in accordance with the provisions of P.L.1968, c.282 (C.2A:168-1 et seq.). This bill stipulates that as a condition for appointment as a notary public a person must first undergo a criminal history record background check. In addition, the bill provides that any notary public who is convicted of the aforementioned offenses or crimes shall forfeit that appointment as a notary public and is required to report any disqualifying conviction to the State Treasurer within 48 hours of the conviction. The bill also provides that the person seeking approval as a notary public shall bear the cost for the criminal history record background check.
This bill establishes training requirements in New Jersey for certain persons to serve as a notary public. Persons appointed six months after this bill takes effect must complete a course and pass a written examination as set forth in subsection c. of section 3 of P.L.1979, c.460 (C.52:7-12). The bill in section 4 stipulates that beginning January1, 2006, the State Treasurer shall review the course of study proposed by any vendor. The State Treasurer shall, by regulation, prescribe an application form and adopt a certificate of approval for the notary public education course of study proposed by a vendor. The written examination to determine the fitness of an applicant to exercise the functions of notary public shall be a proctored examination administered by the Department of the Treasury. The Department of the Treasury shall charge a $20 nonrefundable fee payable at the examination site. Under Reorganization Plan 004-1998, jurisdiction concerning notaries public, providing for their appointment and qualifications, was transferred to the State Treasurer from the Secretary of State.
