Senate Bill S6197

                                BILL NUMBER:S6197

TITLE OF BILL:
An act
to amend the executive law, in relation to the powers and duties of
notaries public

PURPOSE:
To charge inmates of a state correctional facility a fee of two
dollars for any service performed by a notary public.

SUMMARY:
Section 1 adds Section 136-a to Article 6 of the executive law to
provide a fee of two dollars be charged for the services outlined in
Section 136 of the same article when performed for an inmate of a
correctional facility.

Section 2 provides the enacting clause.

JUSTIFICATION:
Each year, thousands of lawsuits are filed by inmates in New York each
year with a large percentage of them being dismissed by the courts.
In New York, as much as 20% of the Attorney General's budget has been
spent on prisoner lawsuits. This costly, unreasonable system, bogs
down our courts and slows justice.

              

This bill requires a notary public to charge any inmate of a
correctional facility for administering an oath or affirmation,
certifying the same when required, except where another fee is
specifically prescribed by statute, and for taking and certifying the
acknowledgment or proof of execution of a written instrument, a fee
of two dollars.

By charging the standard fee for these items as outlined in Section
136 of Article 6 of the executive law, the advantage given to inmates
over other New Yorkers in having these services provided free of
charge is removed. Charging regular fees for these services will act
as a deterrent while ensuring inmate access to the State's court
system remains equal with that of any citizen.

The Prisoner Litigation Reform Act of 1996 added fees and pushed
inmates to used internal jail grievance procedures before turning to
the courts. As a result, there was some progress made in slowing the
frivolous law suits filed by prisoners but the number of egregious
claims remains unacceptable high. By charging a simple two dollar
fee, we take another small step in dissuading inmates from filing
frivolous suits.

LEGISLATIVE HISTORY:

S.6219  of 2006 - Referred to Finance
S.5307A of 1998 - Discharged to Finance
S.5307A of 1997 - Referred to Rules

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.