AB 2566, as amended, Nazarian. Notaries public: acceptance of identification.
Existing law relating to property transfers prohibits the acknowledgment of an instrument unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. Existing law provides that an officer may reasonably rely on, among other things, a passport issued by a foreign government, a driver’s license issued by another state or a Canadian or Mexican public agency, an identification card issued by another state or a branch of the Armed Forces of the United States, or an employee identification card issued by an agency or office of this state or a city, county, or city and county in this state, provided that the document meets certain requirements. In the event the document is a passport, it must be stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security.
This bill, instead of that provision pertaining to a passport issued by a foreign government, would authorize the acceptance of a valid passport from the applicant’sbegin delete countyend deletebegin insert countryend insert of citizenship, or a valid consular identification document issued by a consulate from the applicant’s country of citizenship, as proof of identity. The bill would eliminate the requirement that the passport be stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security.
This bill would incorporate additional changes to Section 1185 of the Civil Code proposed by SB 997 that would become operative if this bill and SB 997 are enacted and this bill is enacted last.
end insertVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1185 of the Civil Code is amended to
2read:
(a) The acknowledgment of an instrument shall not be
4taken unless the officer taking it has satisfactory evidence that the
5person making the acknowledgment is the individual who is
6described in and who executed the instrument.
7(b) For purposes of this section, “satisfactory evidence” means
8the absence of information, evidence, or other circumstances that
9would lead a reasonable person to believe that the person making
10the acknowledgment is not the individual he or she claims to be
11and any one of the following:
12(1) (A) The oath or affirmation of a credible witness personally
13known to the officer, whose identity
is proven to the officer upon
14presentation of a document satisfying the requirements of paragraph
15(3) or (4), that the person making the acknowledgment is personally
16known to the witness and that each of the following are true:
17(i) The person making the acknowledgment is the person named
18in the document.
19(ii) The person making the acknowledgment is personally known
20to the witness.
21(iii) That it is the reasonable belief of the witness that the
22circumstances of the person making the acknowledgment are such
23that it would be very difficult or impossible for that person to
24obtain another form of identification.
25(iv) The person making the acknowledgment does not
possess
26any of the identification documents named in paragraphs (3) and
27(4).
P3 1(v) The witness does not have a financial interest in the
2document being acknowledged and is not named in the document.
3(B) A notary public who violates this section by failing to obtain
4the satisfactory evidence required by subparagraph (A) shall be
5subject to a civil penalty not exceeding ten thousand dollars
6($10,000). An action to impose this civil penalty may be brought
7by the Secretary of State in an administrative proceeding or a public
8prosecutor in superior court, and shall be enforced as a civil
9judgment. A public prosecutor shall inform the secretary of any
10civil penalty imposed under this subparagraph.
11(2) The oath or affirmation
under penalty of perjury of two
12credible witnesses, whose identities are proven to the officer upon
13the presentation of a document satisfying the requirements of
14paragraph (3) or (4), that each statement in paragraph (1) is true.
15(3) Reasonable reliance on the presentation to the officer of any
16one of the following, if the document or other form of identification
17is current or has been issued within five years:
18(A) An identification card or driver’s license issued by the
19Department of Motor Vehicles.
20(B) A passport issued by the Department of State of the United
21States.
22(C) An inmate identification card issued by the Department of
23Corrections and
Rehabilitation, if the inmate is in custody in prison.
24(D) Any form of inmate identification issued by a sheriff’s
25department, if the inmate is in custody in a local detention facility.
26(4) Reasonable reliance on the presentation of any one of the
27following, provided that a document specified in subparagraphs
28(A) to (E), inclusive, shall either be current or have been issued
29within five years and shall contain a photograph and description
30of the person named on it, shall be signed by the person, and shall
31bear a serial or other identifying number:
32(A) A valid consular identification document issued by a
33consulate from the applicant’sbegin delete countyend deletebegin insert
countryend insert of citizenship, or a
34valid passport from the applicant’s country of citizenship.
35(B) A driver’s license issued by a state other than California or
36by a Canadian or Mexican public agency authorized to issue
37driver’s licenses.
38(C) An identification card issued by a state other than California.
39(D) An identification card issued by any branch of the Armed
40Forces of the United States.
P4 1(E) An employee identification card issued by an agency or
2office of the State of California, or by an agency or office of a city,
3county, or city and county in this state.
4(c) An officer who
has taken an acknowledgment pursuant to
5this section shall be presumed to have operated in accordance with
6the provisions of law.
7(d) A party who files an action for damages based on the failure
8of the officer to establish the proper identity of the person making
9the acknowledgment shall have the burden of proof in establishing
10the negligence or misconduct of the officer.
11(e) A person convicted of perjury under this section shall forfeit
12any financial interest in the document.
begin insertSection 1185 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert
(a) The acknowledgment of an instrument shall not be
15taken unless the officer taking it has satisfactory evidence that the
16person making the acknowledgment is the individual who is
17described in and who executed the instrument.
18(b) For purposes of this section, “satisfactory evidence” means
19the absence of information, evidence, or other circumstances that
20would lead a reasonable person to believe that the person making
21the acknowledgment is not the individual he or she claims to be
22and any one of the following:
23(1) (A) The oath or affirmation of a credible witness personally
24known to the officer, whose identity is proven to the officer upon
25presentation of a document satisfying
the requirements of paragraph
26(3) or (4), that the person making the acknowledgment is personally
27known to the witness and that each of the following are true:
28(i) The person making the acknowledgment is the person named
29in the document.
30(ii) The person making the acknowledgment is personally known
31to the witness.
32(iii) That it is the reasonable belief of the witness that the
33circumstances of the person making the acknowledgment are such
34that it would be very difficult or impossible for that person to
35obtain another form of identification.
36(iv) The person making the acknowledgment does not possess
37any of the identification documents named in paragraphs (3) and
38(4).
39(v) The witness does not
have a financial interest in the
40document being acknowledged and is not named in the document.
P5 1(B) A notary public who violates this section by failing to obtain
2the satisfactory evidence required by subparagraph (A) shall be
3subject to a civil penalty not exceeding ten thousand dollars
4($10,000). An action to impose this civil penalty may be brought
5by the Secretary of State in an administrative proceeding or a public
6prosecutor in superior court, and shall be enforced as a civil
7judgment. A public prosecutor shall inform the secretary of any
8civil penalty imposed under this subparagraph.
9(2) The oath or affirmation under penalty of perjury of two
10credible witnesses, whose identities are proven to the officer upon
11the presentation of a document satisfying the requirements of
12paragraph (3) or (4), that each statement in paragraph (1) is true.
13(3) Reasonable reliance on the presentation to the officer of any
14one of the following, if the document or other form of identification
15is current or has been issued within five years:
16(A) An identification card or driver’s license issued by the
17Department of Motor Vehicles.
18(B) A passport issued by the Department of State of the United
19States.
20(C) An inmate identification card issued by the Department of
21Corrections and Rehabilitation, if the inmate is in custody in prison.
22(D) Any form of inmate identification issued by a sheriff’s
23department, if the inmate is in custody in a local detention facility.
24(4) Reasonable reliance
on the presentation of any one of the
25following, provided that a document specified in subparagraphs
26(A) tobegin delete (E),end deletebegin insert (F),end insert inclusive, shall either be current or have been issued
27within five years and shall contain a photograph and description
28of the person named on it, shall be signed by the person,begin insert andend insert shall
29bear a serial or other identifyingbegin delete number, and, in the event that the begin insert
number:end insert
30document is a passport, shall have been stamped by the United
31States Citizenship and Immigration Services of the Department of
32Homeland Security:end delete
33(A) Abegin delete passportend deletebegin insert valid consular identification documentend insert issued
34by abegin delete foreign government.end deletebegin insert consulate from the applicant’s country
35of citizenship, or a valid passport from the applicant’s country of
36citizenship.end insert
37(B) A driver’s license issued by a state other than California or
38by a Canadian or Mexican public agency authorized to issue
39driver’s licenses.
40(C) An identification card issued by a state other than California.
P6 1(D) An identification card issued by any branch of the Armed
2Forces of the United States.
3(E) An employee identification card issued by an agency or
4office of the State of California, or by an agency or office of a city,
5county, or city and county in this state.
6
(F) An identification card issued by a federally recognized tribal
7government.
8(c) An officer who has taken an acknowledgment pursuant to
9this section shall be presumed to have operated in accordance with
10the provisions of law.
11(d) A party who files an action for damages based on the failure
12of
the officer to establish the proper identity of the person making
13the acknowledgment shall have the burden of proof in establishing
14the negligence or misconduct of the officer.
15(e) A person convicted of perjury under this section shall forfeit
16any financial interest in the document.
Section 1.5 of this bill incorporates amendments to
18Section 1185 of the Civil Code proposed by both this bill and
19Senate Bill 997. It shall only become operative if (1) both bills are
20enacted and become effective on or before January 1, 2017, (2)
21each bill amends Section 1185 of the Civil Code, and (3) this bill
22is enacted after Senate Bill 997, in which case Section 1 of this
23bill shall not become operative.
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