senate Bill S1399

Increases the fees notaries public are entitled to from two to five dollars

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Increases the fees certain notaries public are entitled to receive.

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Bill Details

See Assembly Version of this Bill:
A1788
Versions:
S1399
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง136, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1600A, A1583A
2009-2010: S3378, A6925
2007-2008: A9080

Sponsor Memo

BILL NUMBER:S1399

TITLE OF BILL: An act to amend the executive law, in relation to
increasing the fees certain notaries public shall be entitled to

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to
increase the fee that can be charged by a notary public for the
performance of a service.

SUMMARY OF SPECIFIC PROVISIONS: Subdivisions 1 and 2 of section 136
of the executive law as amended by Chapter 143 of tile laws of 1991.

JUSTIFICATION: Public notaries are licensed professionals who are
registered with the Department of State (DOS). Notaries not only
provide an important service by affirming, acknowledging and
certifying legal documents, they can also be subpoenaed to provide
evidence in court proceedings validating the signatory of those
documents in question regardless of the number of Years prior the
notarization took place.

In 1991, tile state gave authorization to allow notaries to charge
$2.00 for a notarization. That same year, DOS charged $20.00 to renew
a license plus an additional $10.00 to the county where the notary was
qualified. Today, DOS charges $60.00 to renew a license and, in some
counties, the additional county fee could be has high as $30.00.
However, notaries have not been given that same authorization to
increase their fee during that same period.

Over the past year, notaries have been experiencing an increased
demand for their services and court appearances; however, the number
of licensed notaries has decreased. This is because while the personal
and professional cost of being a notary has increased, their fee has
not.

This bill increases a notary's fee to five dollars in a city having a
population in excess of one million people.

PRIOR LEGISLATIVE HISTORY:
2007-08: A.9080/S.4773
2009-10: A.6925/S.3378
2011-12: A.1583-A/S.1600-A - Died in Committee

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1399

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to  increasing  the  fees
  certain notaries public shall be entitled to

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 2 of section 136 of the  executive  law,
as  amended  by  chapter 143 of the laws of 1991, are amended to read as
follows:
  1. For administering an oath or affirmation, and certifying  the  same
when  required,  except  where another fee is specifically prescribed by
statute, two dollars; PROVIDED THAT, IN A CITY HAVING  A  POPULATION  IN
EXCESS  OF  ONE  MILLION  PEOPLE,  THE  FEE FOR ADMINISTERING AN OATH OR
AFFIRMATION, AND CERTIFYING THE SAME WHEN REQUIRED, EXCEPT WHERE ANOTHER
FEE IS SPECIFICALLY PRESCRIBED BY STATUTE, FIVE DOLLARS.
  2. For taking and certifying the acknowledgment or proof of  execution
of  a  written instrument, by one person, two dollars, and by each addi-
tional person, two dollars,  for  swearing  each  witness  thereto,  two
dollars;  PROVIDED  THAT, IN A CITY HAVING A POPULATION IN EXCESS OF ONE
MILLION PEOPLE, THE FEE FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT  OR
PROOF OF EXECUTION OF A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS,
AND  BY  EACH ADDITIONAL PERSON, FIVE DOLLARS, FOR SWEARING EACH WITNESS
THERETO, FIVE DOLLARS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02033-01-3

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