Assembly Bill A1087

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

                                  1087

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  Section  1.  Section  135  of  the executive law is amended to read as
follows:
  S 135. Powers and duties; in  general;  of  notaries  public  who  are
attorneys  at  law.    1.  Every  notary public duly qualified is hereby
authorized and empowered within and throughout the state  to  administer
oaths  and  affirmations, to take affidavits and depositions, to receive
and certify acknowledgments or proof of deeds, mortgages and  powers  of
attorney  and  other  instruments  in  writing;  to demand acceptance or
payment of foreign and inland bills of exchange,  promissory  notes  and
obligations  in  writing,  and to protest the same for non-acceptance or
non-payment, as the case may require, and, for use in another  jurisdic-
tion, to exercise such other powers and duties as by the laws of nations
and  according  to commercial usage, or by the laws of any other govern-
ment or country may be  exercised  and  performed  by  notaries  public,
provided that when exercising such powers he shall set forth the name of
such other jurisdiction.
  2.  A  NOTARY  PUBLIC  SHALL  DETERMINE  THE  IDENTITY  OF EACH PERSON
REQUESTING A NOTARIAL ACT. A NOTARY PUBLIC HAS EVIDENCE OF  IDENTITY  IF
THE  PERSON  REQUESTING A NOTARIAL ACT IS PERSONALLY KNOWN TO THE NOTARY
PUBLIC; IS IDENTIFIED ON THE BASIS OF A CURRENT IDENTIFICATION  DOCUMENT
ISSUED  BY A FEDERAL OR STATE GOVERNMENT AGENCY CONTAINING A PHOTOGRAPH,
SIGNATURE, AND PHYSICAL DESCRIPTION, THOUGH A PROPERLY STAMPED  PASSPORT
WITHOUT  A PHYSICAL DESCRIPTION IS ACCEPTABLE; OR IS IDENTIFIED UPON THE

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

                                                           LBD04934-01-3

A. 1087                             2

OATH OR AFFIRMATION OF A CREDIBLE WITNESS PERSONALLY KNOWN TO THE NOTARY
PUBLIC OR OF TWO CREDIBLE WITNESSES WHO PRESENT AN IDENTIFICATION  DOCU-
MENT PURSUANT TO THIS SECTION.
  3.  A  NOTARY PUBLIC SHALL KEEP, MAINTAIN, AND PROTECT A CHRONOLOGICAL
PAPER OR ELECTRONIC OFFICIAL JOURNAL OF NOTARIAL ACTS. FOR  EVERY  NOTA-
RIAL  ACT,  THE  NOTARY SHALL RECORD IN THE JOURNAL THE DATE AND TIME OF
THE NOTARIAL ACT,  THE  TYPE  OF  NOTARIAL  ACT;  THE  TYPE,  TITLE,  OR
DESCRIPTION  AND  DATE  OF  THE  DOCUMENT  OR MATTER; THE NAME, ADDRESS,
SIGNATURE, AND, IN THE CASE OF REAL ESTATE DOCUMENTS, THE  RIGHT  THUMB-
PRINT  OF  EACH PERSON WHO REQUESTS A NOTARIAL ACT; A DESCRIPTION OF THE
EVIDENCE OF IDENTITY OF EACH PERSON, INCLUDING, IF APPLICABLE, A  STATE-
MENT  THAT  THE  PERSON  IS  "PERSONALLY KNOWN" TO THE NOTARY, THE TYPE,
SERIAL NUMBER, AND DATE OF ISSUANCE OR EXPIRATION OF  AN  IDENTIFICATION
DOCUMENT,  OR  THE  NAME  AND  SIGNATURE OF ANY CREDIBLE WITNESS, AND IF
APPLICABLE, THE TYPE, SERIAL NUMBER, AND DATE OF ISSUANCE OR  EXPIRATION
OF  A DOCUMENT IDENTIFYING THE WITNESS; AND THE FEE, IF ANY, CHARGED FOR
THE NOTARIAL ACT.
  4. A notary public who is an attorney at  law  regularly  admitted  to
practice  in  this  state  may, in his discretion, administer an oath or
affirmation to or take the affidavit or acknowledgment of his client  in
respect of any matter, claim, action or proceeding.
  5.  For any misconduct by a notary public in the performance of any of
his powers such notary public shall be liable to the parties injured for
all damages sustained by them. A notary public shall  not,  directly  or
indirectly, demand or receive for the protest for the non-payment of any
note,  or for the non-acceptance or non-payment of any bill of exchange,
check or draft and giving the requisite notices and certificates of such
protest, including his notarial seal, if affixed  thereto,  any  greater
fee  or  reward  than seventy-five cents for such protest, and ten cents
for each notice, not exceeding five, on any bill or note.  Every  notary
public  having  a  seal  shall,  except  as otherwise provided, and when
requested, affix his seal to such protest free of expense.
  S 2. This act shall take effect immediately.