BILL NUMBER: AB 2566	CHAPTERED
	BILL TEXT

	CHAPTER  762
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2016
	PASSED THE SENATE  AUGUST 15, 2016
	PASSED THE ASSEMBLY  AUGUST 22, 2016
	AMENDED IN SENATE  AUGUST 8, 2016
	AMENDED IN ASSEMBLY  APRIL 7, 2016

INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 19, 2016

   An act to amend Section 1185 of the Civil Code, relating to
property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2566, 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's country 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.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1185 of the Civil Code is amended to read:
   1185.  (a) The acknowledgment of an instrument shall not be taken
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.
   (b) For purposes of this section, "satisfactory evidence" means
the absence of 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 and any
one of the following:
   (1) (A) The oath or affirmation of a credible witness personally
known to the officer, whose identity is proven to the officer upon
presentation of a document satisfying the requirements of paragraph
(3) or (4), that the person making the acknowledgment is personally
known to the witness and that each of the following are true:
   (i) The person making the acknowledgment is the person named in
the document.
   (ii) The person making the acknowledgment is personally known to
the witness.
   (iii) That it is the reasonable belief of the witness that the
circumstances of the person making the acknowledgment are such that
it would be very difficult or impossible for that person to obtain
another form of identification.
   (iv) The person making the acknowledgment does not possess any of
the identification documents named in paragraphs (3) and (4).
   (v) The witness does not have a financial interest in the document
being acknowledged and is not named in the document.
   (B) A notary public who violates this section by failing to obtain
the satisfactory evidence required by subparagraph (A) shall be
subject to a civil penalty not exceeding ten thousand dollars
($10,000). An action to impose this civil penalty may be brought by
the Secretary of State in an administrative proceeding or a public
prosecutor in superior court, and shall be enforced as a civil
judgment. A public prosecutor shall inform the secretary of any civil
penalty imposed under this subparagraph.
   (2) The oath or affirmation under penalty of perjury of two
credible witnesses, whose identities are proven to the officer upon
the presentation of a document satisfying the requirements of
paragraph (3) or (4), that each statement in paragraph (1) is true.
   (3) Reasonable reliance on the presentation to the officer of any
one of the following, if the document or other form of identification
is current or has been issued within five years:
   (A) An identification card or driver's license issued by the
Department of Motor Vehicles.
   (B) A passport issued by the Department of State of the United
States.
   (C) An inmate identification card issued by the Department of
Corrections and Rehabilitation, if the inmate is in custody in
prison.
   (D) Any form of inmate identification issued by a sheriff's
department, if the inmate is in custody in a local detention
facility.
   (4) Reasonable reliance on the presentation of any one of the
following, provided that a document specified in subparagraphs (A) to
(E), inclusive, shall either be current or have been issued within
five years and shall contain a photograph and description of the
person named on it, shall be signed by the person, and shall bear a
serial or other identifying number:
   (A) A valid consular identification document issued by a consulate
from the applicant's country of citizenship, or a valid passport
from the applicant's country of citizenship.
   (B) A driver's license issued by a state other than California or
by a Canadian or Mexican public agency authorized to issue driver's
licenses.
   (C) An identification card issued by a state other than
California.
   (D) An identification card issued by any branch of the Armed
Forces of the United States.
   (E) An employee identification 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.
   (c) An officer who has taken an acknowledgment pursuant to this
section shall be presumed to have operated in accordance with the
provisions of law.
   (d) A party who files an action for damages based on the failure
of the officer to establish the proper identity of the person making
the acknowledgment shall have the burden of proof in establishing the
negligence or misconduct of the officer.
   (e) A person convicted of perjury under this section shall forfeit
any financial interest in the document.
  SEC. 1.5.  Section 1185 of the Civil Code is amended to read:
   1185.  (a) The acknowledgment of an instrument shall not be taken
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.
   (b) For purposes of this section, "satisfactory evidence" means
the absence of 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 and any
one of the following:
   (1) (A) The oath or affirmation of a credible witness personally
known to the officer, whose identity is proven to the officer upon
presentation of a document satisfying the requirements of paragraph
(3) or (4), that the person making the acknowledgment is personally
known to the witness and that each of the following are true:
   (i) The person making the acknowledgment is the person named in
the document.
   (ii) The person making the acknowledgment is personally known to
the witness.
   (iii) That it is the reasonable belief of the witness that the
circumstances of the person making the acknowledgment are such that
it would be very difficult or impossible for that person to obtain
another form of identification.
   (iv) The person making the acknowledgment does not possess any of
the identification documents named in paragraphs (3) and (4).
   (v) The witness does not have a financial interest in the document
being acknowledged and is not named in the document.
   (B) A notary public who violates this section by failing to obtain
the satisfactory evidence required by subparagraph (A) shall be
subject to a civil penalty not exceeding ten thousand dollars
($10,000). An action to impose this civil penalty may be brought by
the Secretary of State in an administrative proceeding or a public
prosecutor in superior court, and shall be enforced as a civil
judgment. A public prosecutor shall inform the secretary of any civil
penalty imposed under this subparagraph.
   (2) The oath or affirmation under penalty of perjury of two
credible witnesses, whose identities are proven to the officer upon
the presentation of a document satisfying the requirements of
paragraph (3) or (4), that each statement in paragraph (1) is true.
   (3) Reasonable reliance on the presentation to the officer of any
one of the following, if the document or other form of identification
is current or has been issued within five years:
   (A) An identification card or driver's license issued by the
Department of Motor Vehicles.
   (B) A passport issued by the Department of State of the United
States.
   (C) An inmate identification card issued by the Department of
Corrections and Rehabilitation, if the inmate is in custody in
prison.
   (D) Any form of inmate identification issued by a sheriff's
department, if the inmate is in custody in a local detention
facility.
   (4) Reasonable reliance on the presentation of any one of the
following, provided that a document specified in subparagraphs (A) to
(F), inclusive, shall either be current or have been issued within
five years and shall contain a photograph and description of the
person named on it, shall be signed by the person, and shall bear a
serial or other identifying number:
   (A) A valid consular identification document issued by a consulate
from the applicant's country of citizenship, or a valid passport
from the applicant's country of citizenship.
   (B) A driver's license issued by a state other than California or
by a Canadian or Mexican public agency authorized to issue driver's
licenses.
   (C) An identification card issued by a state other than
California.
   (D) An identification card issued by any branch of the Armed
Forces of the United States.
   (E) An employee identification 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.
   (F) An identification card issued by a federally recognized tribal
government.
   (c) An officer who has taken an acknowledgment pursuant to this
section shall be presumed to have operated in accordance with the
provisions of law.
   (d) A party who files an action for damages based on the failure
of the officer to establish the proper identity of the person making
the acknowledgment shall have the burden of proof in establishing the
negligence or misconduct of the officer.
   (e) A person convicted of perjury under this section shall forfeit
any financial interest in the document.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 1185 of the Civil Code proposed by both this bill and Senate
Bill 997. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2) each
bill amends Section 1185 of the Civil Code, and (3) this bill is
enacted after Senate Bill 997, in which case Section 1 of this bill
shall not become operative.