Posted by Patrick Anthony on 1/28/06 9:05am
Msg #92002

WATCH OUT NEW JERSEY....

OMG, I didn't think that anybody in Trenton knew that Notaries existed in New Jesey...
this just in.... check it out.

I am already thumbprinting, so I won't have any issues with changes if this bill gets passed. Just wanted to throw a heads up to everyone else.

GOD, I HOPE IT PASSES!



ASSEMBLY, No. 328
STATE OF NEW JERSEY
212th LEGISLATURE


PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION

Sponsored by:

Assemblyman JOSEPH PENNACCHIO
District 26 (Morris and Passaic)
Assemblyman RICHARD A. MERKT
District 25 (Morris)


SYNOPSIS

Establishes identification guidelines and record-keeping requirements for notaries public.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act regarding notaries public and supplementing P.L.1979, c.460 (C.52:7-10 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. A notary public shall not perform a notarial act unless the person who is seeking the notarial act is personally known to the notary public or provides satisfactory evidence of his or her identity.

b. For the purpose of this section, satisfactory evidence of a person's identity shall consist of one or more of the following:

(1) a valid document issued by a federal or state agency bearing the person's signature, a photographic image of the person's face, and a physical description of the person;

(2) a valid passport;

(3) the oath or affirmation of one individual without interest in the notarial act to be performed who is personally known to the notary public and who personally knows the person; or

(4) the oath or affirmation of two individuals without interest in the notarial act to be performed who each personally knows the person and produces to the notary public evidence of their identities described in paragraphs (1) or (2) of this subsection.

2. a. A notary public shall maintain in a sequential journal a record of all notarial acts performed. The journal shall be kept under the exclusive control of the notary. A notary public who is an attorney at law admitted to practice in this State may maintain a record of notarial acts in the form of files regularly maintained for the attorney's law practice, in lieu of maintaining a sequential journal.

b. For every notarial act, the notary shall record in the journal or file, as appropriate:

(1) the date and time of the notarial act;

(2) the type of notarial act, including but not limited to the taking of an acknowledgment, the taking of a proof of a deed, the administering of an oath, or the taking of an affidavit;

(3) the type, title, or description and date of every document notarized;

(4) the name, address, signature, and, in the case of real property and immigration documents, the right thumbprint of each person whose signature is notarized;

(5) a statement explaining how the signer's identity was verified, including, if applicable, the type, serial number and date of issuance or expiration of an identification document, or the name and signature of any identifying witness and, if applicable, the type, serial number and date of issuance or expiration of a document identifying the witness; and

(6) the fee charged for the notarial act.

3. The provisions of this act shall not apply to any notary public when performing a notarial act at the request of any person holding elective public office in this State, or any person appointed to a board, commission or agency or other public body created by or in this State or any county or municipality of the State, when that person is acting in his capacity as an elected or appointed official.

4. This act shall take effect immediately.


STATEMENT

This bill establishes guidelines to be employed by notaries public in confirming the identity of individuals seeking to have their signatures notarized. The bill requires that a notary public shall not perform a notarial act unless the person seeking the notarial act is personally known to the notary public or provides satisfactory evidence of his or her identity. As stipulated in the bill, such satisfactory evidence of a person's identity shall consist of one or more of the following: a valid document issued by a federal or state agency bearing the person's signature, a photographic image of the person's face, and a physical description of the person; a valid passport; the oath or affirmation of one individual without interest in the notarial act to be performed who is personally known to the notary public and who personally knows the person; or the oath or affirmation of two individuals without interest in the notarial act to be performed who each personally knows the person and produces to the notary public evidence of their identities.

The bill also requires notaries to keep detailed records of each notarial act performed. A notary public shall maintain in a sequential journal a record of all notarial acts performed, except for a notary public who is an attorney at law. Instead, as an alternative, such an individual may maintain a record of notarial acts in the form of files regularly maintained for the attorney's law practice. For every notarial act, the notary shall record in the journal or file, as appropriate: the date and time of the notarial act; the type of notarial act, including but not limited to the taking of an acknowledgment, the taking of a proof of a deed, the administering of an oath, or the taking of an affidavit; the type, title, or description and date of every document notarized; the name, address, signature, and, in the case of real property and immigration documents, the right thumbprint of each person whose signature is notarized; a statement explaining how the signer's identity was verified, including, if applicable, the type, serial number and date of issuance or expiration of an identification document, or the name and signature of any identifying witness and, if applicable, the type, serial number and date of issuance or expiration of a document identifying the witness; and the fee charged for the notarial act.

The provisions of this bill shall not apply to any notary public when performing a notarial act at the request of any person holding elective public office in this State, or any person appointed to a board, commission or agency or other public body created by or in this State or any county or municipality of the State, when that person is acting in his capacity as an elected or appointed official.