senate Bill S1954

2013-2014 Legislative Session

Sets a fee of two dollars for notaries public services in correctional facilities

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.528
Jan 08, 2014 referred to finance
Jun 21, 2013 committed to rules
Apr 29, 2013 advanced to third reading
Apr 24, 2013 2nd report cal.
Apr 23, 2013 1st report cal.410
Jan 09, 2013 referred to finance

Votes

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May 6, 2014 - Finance committee Vote

S1954
23
5
committee
23
Aye
5
Nay
9
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Apr 23, 2013 - Finance committee Vote

S1954
22
8
committee
22
Aye
8
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Co-Sponsors

S1954 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Add ยง136-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S6197

S1954 - Bill Texts

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Sets a fee of two dollars for notaries public services pursuant to section 136 of the executive law performed in correctional facilities.

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BILL NUMBER:S1954

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 fox 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.6197 of 2012 -3rd Reading
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.

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

                                  1954

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  RITCHIE, GOLDEN, LARKIN, O'MARA -- 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 the powers and duties
  of notaries public

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

  Section  1. The executive law is amended by adding a new section 136-a
to read as follows:
  S 136-A. NOTARIAL FEES IN A  STATE  CORRECTIONAL  FACILITY.  A  NOTARY
PUBLIC  SHALL  CHARGE  A  FEE  OF  TWO DOLLARS FOR PERFORMING ANY OF THE
SERVICES SET FORTH IN SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTICLE FOR
AN INMATE IN A STATE CORRECTIONAL FACILITY.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06541-01-3

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