BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1036|
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                                      CONSENT 


          Bill No:  AB 1036
          Author:   Quirk (D)
          Amended:  4/9/15 in Assembly
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 6/9/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           ASSEMBLY FLOOR:  79-0, 5/11/15 (Consent) - See last page for  
            vote

           SUBJECT:   Notaries public:  acceptance of identification


          SOURCE:    Author


          DIGEST:  This bill authorizes a notary public to rely on any  
          inmate identification (ID) issued by a sheriff's department to  
          prove the identity of an individual in custody in a local  
          detention facility.


          ANALYSIS:   


          Existing law:

          1)Authorizes the proof or acknowledgment of written instruments  
            before specified officers of the state, including notaries  
            public.

          2)Provides that the acknowledgment of an instrument may not be  
            taken unless the officer (notary public) taking it has  








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            satisfactory evidence that the person making the  
            acknowledgment is the individual who is described in and who  
            executed the instrument.

          3)Provides that "satisfactory evidence" means the absence of any  
            information, evidence, or other circumstances that would lead  
            a reasonable person to believe that the person making the  
            acknowledgment is not the individual he or she claims to be  
            plus the use of any one of various specified ways of  
            establishing the proper identity of the person making the  
            acknowledgment (such as the oath or affirmation of a credible  
            witness or the presentation of a specified identifying  
            document).

          4)Provides that the officer may reasonably rely on the  
            presentation of any one of the following, provided that the  
            document is current or has been issued within five years:

                 An ID card or driver's license issued by the California  
               Department of Motor Vehicles;

                 A passport issued by the Department of State of the  
               United States; or

                 An inmate ID card issued by the California Department of  
               Corrections and Rehabilitation (CDCR), if the inmate is in  
               custody in prison.
          
          1)Provides that the officer may reasonably rely on the  
            presentation of any one of the following, provided that the  
            document is current or has been issued within five years and  
            contains a photograph and description of the person named on  
            it, is signed by the person, and bears a serial or other  
            identifying number, and, in the event that the document is a  
            passport, has been stamped by the United States Citizenship  
            and Immigration Services of the Department of Homeland  
            Security:

                 A passport issued by a foreign government;

                 A driver's license issued by a state other than  
               California or by a Canadian or Mexican public agency  








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               authorized to issue driver's licenses;

                 An ID card issued by a state other than California;

                 An ID card issued by any branch of the Armed Forces of  
               the United States; or

                 An employee ID card issued by an agency or office of the  
               State of California, or by an agency or office of a city,  
               county, or city and county in this state.

          This bill adds any form of inmate ID issued by a sheriff's  
          department to the list of proper IDs on which an officer may  
          reasonably rely, provided that the inmate seeking to establish  
          identity with the card is in custody in a local detention  
          facility.


          Background


          A notary public is a public officer appointed and commissioned  
          by the Secretary of State to serve the public in non-contentious  
          matters generally concerning estates, deeds, powers-of-attorney,  
          foreign and international business, and other written  
          instruments.  Occasionally, an individual who is party to a more  
          sensitive formal agreement, such as a child custody agreement, a  
          confidential marriage license, or an advance healthcare  
          directive, must have the agreement notarized before it can enter  
          into force.  A notary's main functions are to take  
          acknowledgements of various written instruments, administer  
          oaths and affirmations, take depositions and affidavits, certify  
          copies of powers of attorney under the Probate Code, demand  
          acceptance and payment of foreign and inland bills of exchange  
          or promissory notes, and to protest nonpayment and nonacceptance  
          of bills and notes.  (Gov. Code Sec. 8205.)

          A certificate of acknowledgment is the form most frequently  
          completed by a notary public.  In the certificate of  
          acknowledgment, the notary public certifies:  1) that the signer  
          personally appeared before the notary public on the date  
          indicated in the county indicated; 2) the identity of the  








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          signer; and 3) that the signer acknowledged executing the  
          document.

          Under current law, the identity of the signer of an  
          acknowledgment may be established by the notary public's  
          reasonable reliance on any one of a number of documents.  (Civ.  
          Code Sec. 1185.)  Certain government documents that are current  
          or have been issued within five years, such as a California  
          driver's license or ID card, or a U.S. passport, provide  
          sufficient proof of identity without having to meet separately  
          specified criteria.  Other documents, including a foreign  
          passport, a government employee ID card, and a driver's license  
          issued by another state or a Canadian or Mexican public agency  
          authorized to issue driver's licenses, must meet certain  
          threshold criteria before a notary can reasonably rely on them  
          to establish identity.  Documents within this latter category  
          must contain a photograph, description of the person, signature  
          of the person, and an identifying number, in order to constitute  
          a valid proof of identity for obtaining notarization of an  
          instrument.

          Prior to 2014, incarcerated individuals faced challenges in  
          performing a number of tasks, including getting needed  
          authorizations to permit a minor child (such as a son or  
          daughter) to visit them while in prison, as a result of  a  
          notary public's inability to accept a CDCR ID card as proof of  
          identity.  As CDCR requires minor children visiting a prison  
          inmate to be accompanied by someone other than his/her parent or  
          legal guardian, in addition to the certified copy of the minor  
          children's birth certificate, the adult must also bring a  
          notarized written consent authorization form signed by the minor  
          children's parent or legal guardian expressly giving permission  
          for the minor children to visit a prisoner.  Consequently, an  
          inmate whose child was living with a friend or relative during a  
          period of incarceration was prevented from seeing that child  
          until he or she was able to secure proper ID to present to a  
          notary.  To address this problem, AB 625 (Quirk, Chapter 159,  
          Statutes of 2013) authorized the notary public to rely on  
          CDCR-issued ID cards to be accepted for notarizing documents  
          signed by state prisoners.

          Inmates in local county jails also need notarial services for  








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          the same reasons as state prisoners.  Accordingly, this bill  
          authorizes a notary public to rely on ID issued by a sheriff's  
          department for county inmates when notarizing documents signed  
          by local county jail inmates.

          Comments


          The author writes:

            Identification cards (IDs) or driver licenses issued by the  
            Department of Motor Vehicles, passports issued by the US  
            Department of State[,] and inmate identification cards issued  
            by the [California] Department of Corrections and  
            Rehabilitation (CDCR) for inmates in prison are the only forms  
            of documents presumptively valid as identification for use by  
            notaries.  Notaries can accept other forms of IDs only IF the  
            following elements are met:  the ID was issued within the last  
            5 years, it contains a picture and description of the person  
            named in it, it is signed by that person and has some  
            identifying number.

            Because county jails fail to meet the above requirements,  
            inmates seeking notary services should be issued an additional  
            form of ID, however, none are.  Access to a notary is an  
            inmate's legal right, and inmates often need access to  
            notaries for services that include establishing temporary  
            custody of children, power of attorney for financial and  
            health care matters, and giving authority to a trusted adult  
            to bring their children to the jail for a visit.  

            AB 1036 adds county jail inmate IDs to the list of valid forms  
            of ID accepted by notaries for notary services.  As such, an  
            additional ID would be unnecessary and would not delay access  
            to service.

          Prior Legislation


          AB 625 (Quirk, Chapter 159, Statutes of 2013) - See Background.

          AB 109 (Committee on Budget, Chapter 15, Statutes of 2011)  








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          enacted the Public Safety Realignment Act and, among other  
          things, required the transfer of large numbers of convicted  
          felons from the state prison and parole system to the state's 58  
          county jails.

          AB 442 (Arambula, 2009) would have amended Civil Code Section  
          1185 to add a matrícula consular, issued through a consulate  
          office of the Mexican government, as an allowable form of ID to  
          prove the identity of an individual who executes a written  
          instrument.  AB 442 was vetoed by Governor Schwarzenegger  
          because the Civil Code already provided for more secure forms of  
          ID than the matrícula consular - including Mexican driver's  
          licenses and passports - to identify Mexican nationals, and  
          California notaries should not be required to accept a form of  
          ID that the Federal Bureau of Investigation and the U.S.  
          Department of Justice continue to consider untrustworthy.

          SB 461 (Correa, 2009) would have amended Civil Code Section 1185  
          to add a matrícula consular, issued through a consulate office  
          of the Mexican government, as an allowable form of ID to prove  
          the identity of an individual who executes a written instrument.  
           SB 461 died in the Senate Judiciary Committee.

          AB 2452 (Davis, Chapter 67, Statutes of 2008) added specified  
          government employee ID cards as an allowable form of ID to prove  
          the identity of an individual who executes a written instrument  
          before a notary public.  AB 2452 also deleted a provision  
          allowing a witness to an individual's ID who is personally known  
          to the notary to serve as evidence for an acknowledgment by a  
          notary public.

          AB 886 (Runner, Chapter 399, Statutes of 2007) required, among  
          other things, notaries public to determine by satisfactory  
          evidence only that a person acknowledging an instrument is the  
          individual who is described in and who signed the instrument,  
          and to certify the document under penalty of perjury.  AB 886  
          also required notaries to obtain the thumbprint of a party  
          signing a document where the document to be notarized is a deed,  
          quitclaim deed, deed of trust affecting real property, or a  
          power of attorney.

          AB 2062 (Nakano, Chapter 539, Statutes of 2004) required a  








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          notary public to use a jurat (an official declaration similar to  
          an affidavit) form to certify the identity of persons signing  
          documents.

          AB 1090 (Tucker, Chapter 1044, Statutes of 1993) revised, among  
          other things, the criteria for determining whether an individual  
          has presented satisfactory evidence of identity for a notary  
          public to take an acknowledgment of an instrument.
          AB 2420 (McClintock, Chapter 307, Statutes of 1987) included  
          within the documents that established "satisfactory evidence"  
          for notarization an inmate ID card issued by the Department of  
          Corrections, if the inmate is in custody.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/11/15)


          California Association of Licensed Investigators
          Legal Services for Prisoners with Children
          National Notary Association
          Office of the District Attorney, City and County of San  
          Francisco
          Office of the Public Defender, City and County of San Francisco
          Office of the Sheriff, City and County of San Francisco


          OPPOSITION:   (Verified6/11/15)


          None received


          ASSEMBLY FLOOR:  79-0, 5/11/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  








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            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood
          NO VOTE RECORDED:  Atkins



          Prepared by:Tara Welch / JUD. / (916) 651-4113
          6/12/15 10:00:16


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