BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2566|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 2566
Author: Nazarian (D)
Amended: 8/8/16 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 6-1, 6/14/16
AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski
NOES: Anderson
ASSEMBLY FLOOR: 72-2, 5/9/16 - See last page for vote
SUBJECT: Notaries public: acceptance of identification
SOURCE: Coalition for Humane Immigrant Rights of Los Angeles
DIGEST: This bill allows the identity of the signer of an
acknowledgement to be established by a notary public's
reasonable reliance on a valid consular identification document
issued by a consulate from the signer's country of citizenship
or a valid passport from the signer's country of citizenship.
Senate Floor Amendments of 8/8/16 add double-jointing language
to address a chaptering-out issue with SB 997 (Lara).
ANALYSIS:
Existing law:
1)Authorizes the proof or acknowledgment of written instruments
before specified officers of the state, including notaries
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public.
2)Provides that the acknowledgment of an instrument may not be
taken unless the officer (notary public) taking it has
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 (notary public) 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 identification card or driver's license issued by the
California Department of Motor Vehicles (DMV);
A passport issued by the Department of State of the
United States;
An inmate identification card issued by the Department
of Corrections and Rehabilitation, if the inmate is in
custody in prison; or
Any form of inmate identification issued by a sheriff's
department, if the inmate is in custody in a local
detention facility. (Civ. Code Sec. 1185(b)(3).)
1)Provides that the officer (notary public) 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
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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 (USCIS) of the Department of Homeland
Security (DHS):
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
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. (Civ. Code Sec.
1185(b)(4).)
This bill:
1)Provides that the officer (notary public) may reasonably rely
on the presentation of 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, provided that the consular identification
document or passport 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.
2)Deletes the requirement that a passport issued by a foreign
government must be stamped by the USCIS of the DHS in order to
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be reasonably relied on by the officer (notary public).
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
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 identification (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 stamped by the USCIS, 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,
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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.
Under current law, the identity of the signer of an
acknowledgment cannot be established by the notary public's
reasonable reliance on a consular identification document or a
foreign passport unless the passport has been stamped by USCIS.
Since there has not been comprehensive immigration reform in two
decades and undocumented Californians live under fear of
deportation due to reported immigration raids, undocumented
individuals frequently do not present themselves to USCIS to
have their passports stamped.
California's recent history has been one of inclusion and
respect for immigrants. In 2013, the Legislature passed
historic legislation to allow undocumented immigrants to obtain
drivers' licenses. [See AB 60 (Alejo, Chapter 524, Statutes of
2013)] Pursuant to AB 60, the DMV must issue a driver's license
to an undocumented Californian if he or she provides
satisfactory proof of his or her identity and California
residency, and, the DMV must accept a valid, unexpired consular
identification document issued by a consulate from the
applicant's country of citizenship, or a valid, unexpired
passport from the applicant's country of citizenship to prove
identity.
This bill allows the identity of the signer of an
acknowledgement to be established by a notary public's
reasonable reliance on 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, even if it has not been stamped by the USCIS.
Comments
California's Recent History of Respecting Immigrants
California's recent history has been one of inclusion and
respect for immigrants. California is leading the nation in
ensuring that immigrants are treated with dignity and respect.
While Congress fails to pass comprehensive immigration reform,
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California has exercised its state power to protect immigrants
who are caught in limbo due to Washington's inaction. In 2013,
California enacted AB 60 (Alejo, Chapter 524, Statutes of 2013)
which requires the DMV to issue a driver's license to an
undocumented Californian if the Californian provides
satisfactory proof of identity.
Just last year, the Legislature passed a historic package of 10
bills to empower immigrants in California-the "Immigrants Shape
California" package. All 10 bills were signed into law by
Governor Jerry Brown, including: AB 900 (Levine, Chapter 694,
Statutes of 2015) allowing youth aged 18-21 who have escaped
violence and terror in Central America to come under the
protection of a guardianship that can also help the youth obtain
Special Immigrant Juvenile Status immigration relief; SB 674 (De
León, Chapter 721, Statutes of 2015) requiring law enforcement
to complete certifications for a victim of crime who was helpful
to the criminal investigation so that victims can apply for
Victims of Crime immigration visas (U-Visas); and AB 1343
(Thurmond, Chapter 705, Statutes of 2015) requiring defense
counsel in criminal proceedings to provide accurate and
affirmative advice and defense to immigrants to avoid unintended
immigration consequences, such as detention, deportation, and
loss of citizenship eligibility.
This bill furthers the public policy of California by providing
undocumented Californians with the ability to use documents that
they are likely to have as undocumented immigrants in order to
verify their identity with notary publics.
This bill allows undocumented Californians better access to
public and private services
Because the federal government has failed to pass comprehensive
immigration reform for two decades, many Californians who are
integral to our communities and families are undocumented.
According to the Public Policy Institute of California, in 2013
there were an estimated 2.67 million undocumented immigrants in
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California.
One might argue that this bill is unnecessary because under
current law, an undocumented Californian could provide an AB 60
driver's license as identification for purposes of proving
identity to a notary public. And, under current law an
undocumented Californian could provide a foreign passport
stamped by the USCIS to prove identity to a notary public.
However, the bill is necessary because although many
undocumented Californians have applied for drivers' licenses,
many have not for a number of reasons, including fear and
mistrust of government due to reported raids on immigrants by
the DHS. Additionally, undocumented Californians are not going
to present themselves to the USCIS to receive a stamp on their
passports because they will immediately come under the threat of
deportation by the DHS. This bill provides an alternative way
for an undocumented immigrant to have signatures verified by
notary publics.
Under California law, undocumented Californians must also have
their signatures notarized when they engage in certain
transactions such as purchasing real property. If undocumented
Californians were not able to, because of their status, prove
their identity to a notary sufficient to have their signatures
verified, California's laws, including laws that allow
undocumented immigrants to own property, would be frustrated.
Accordingly, this bill allows the identity of the signer of an
acknowledgement to be established by the notary public's
reasonable reliance on a valid consular identification document
issued by a consulate from the applicant's county of citizenship
or a valid passport from the applicant's country of citizenship
that has not been stamped by the USCIS.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/4/16)
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Coalition for Humane Immigrant Rights of Los Angeles (source)
California Dream Network
California Immigrant Policy Center
California Labor Federation
California Rural Legal Assistance Foundation
Los Angeles Mayor Eric Garcetti
Mexican American Legal Defense and Educational Fund
Service Employees International Union
United Farm Workers
OPPOSITION: (Verified8/4/16)
None received
ASSEMBLY FLOOR: 72-2, 5/9/16
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bigelow,
Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,
Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,
Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina
Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove,
Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes,
McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell,
Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas,
Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,
Weber, Wilk, Williams, Wood, Rendon
NOES: Travis Allen, Harper
NO VOTE RECORDED: Beth Gaines, Eduardo Garcia, Jones, Mathis,
Melendez, Waldron
Prepared by:Margie Estrada / JUD. / (916) 651-4113
8/10/16 15:57:22
**** END ****
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