BILL ANALYSIS Ó
AB 2566
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2566 (Nazarian)
As Amended August 8, 2016
Majority vote
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|ASSEMBLY: |72-2 |(May 9, 2016) |SENATE: |32-4 |(August 15, |
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Original Committee Reference: JUD.
SUMMARY: Revises the list of acceptable non-state and
foreign-issued documents that notaries public may reasonably
rely upon as evidence to prove a person's identity when
acknowledging a written instrument. Specifically, this bill
authorizes a notary public to take acknowledgement of a written
instrument in reasonable reliance upon the presentation of the
following documents as satisfactory evidence that the person is
the same individual described in and executing the instrument:
1)A valid consular identification document issued by a consulate
from the applicant's country of citizenship.
2)A valid passport from the applicant's country of citizenship.
AB 2566
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The Senate amendments add chaptering out language for Senate
Bill 997 (Lara) of the current legislative session.
EXISTING LAW:
1)Authorizes a notary public to take acknowledgement for advance
health care directives, powers of attorney, mortgages, deeds,
grants, transfers, and other instruments of writing executed
by any person.
2)Prohibits notary publics from acknowledging a written
instrument unless the notary has satisfactory evidence that
the person making the acknowledgement is the individual who is
described in and who executed the instrument.
3)Defines "satisfactory evidence" to mean the absence of any
information, evidence, or other circumstances that would lead
a reasonable person to believe that the person making the
acknowledgement is not the individual he or she claims to be,
and there is any one of the following:
a) An oath or affirmation of a credible witness personally
known to the notary as provided;
b) An oath or affirmation under penalty of perjury of two
credible witnesses as provided;
c) A reasonable reliance on the presentation to the notary
on certain California-issued or United States-issued
identification documents; or
d) A reasonable reliance on the presentation to the notary
on certain non-State- or foreign-issued documents that
contains a photograph and description of the person named
on it, a signature by the person, and a serial or
identifying number.
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4)Allows a notary public to reasonably rely on the presentation
of non-State and foreign-issued documents, provided that the
documents are either current or have been issued within five
years, and the documents are any of the following:
a) A passport issued by a foreign government;
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; or
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.
5)Provides that in the event the document is a passport issued
by a foreign government, it shall have been stamped by the
United States Citizenship and Immigration Services of the
Department of Homeland Security.
6)Provides that the Department of Motor Vehicles shall issue an
original driver's license to a person who is unable to submit
satisfactory proof that the applicant's presence in the United
States is authorized under federal law if he or she meets all
other qualifications for licensure and provides satisfactory
proof to the department of his or her identity and California
residency.
7)Provides that the Department of Motor Vehicles shall accept
various types of documentation for this purpose, including,
but not limited to, the following documents:
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a) A valid, unexpired consular identification document
issued by a consulate from the applicant's country of
citizenship; or
b) A valid, unexpired passport from the applicant's country
of citizenship.
FISCAL EFFECT: None
COMMENTS: Current law prohibits a notary public from
acknowledging a written instrument unless the notary has
satisfactory evidence that the person making the acknowledgement
is the person he or she claims to be. As it stands, there are
several ways for the person to establish his or her identity.
First and foremost, there must be no evidence or other
circumstances that would lead a reasonable person to believe
that the person is not the individual he or she claims to be.
Then, the notary can either rely on oaths made by credible
witnesses, or in most circumstances, rely on some form of
identification.
This bill allows a notary public to reasonably rely on a valid
consular identification document issued by a consulate of the
applicant's country of citizenship, or a valid passport from the
applicant's country of citizenship regardless of whether the
valid passport has a stamp or not, to establish the identity of
the person seeking the acknowledgment of the notary public.
In 2013, California enacted legislation that allows undocumented
immigrants to obtain drivers' licenses. Under AB 60 (Alejo),
Chapter 524, Statutes of 2013, the Department of Motor Vehicles
(DMV) is required to issue a driver's license to an undocumented
individual if the individual provides satisfactory proof of his
or her identity and California residency. To prove identity, AB
60 allows the DMV to 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. No stamps
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from the United States Citizenship and Immigration Services of
the Department of Homeland Security are necessary.
This bill tracts the similar thinking behind AB 60 by allowing
notaries to rely on a valid consular identification document
issued by a consulate from the applicant's country of
citizenship, and a valid passport from the applicant's country
of citizenship. Because the DMV does not accept expired
consular identification documents and foreign passports under AB
60, this bill could provide relief to those immigrants who have
expired documents and are therefore unable to obtain a driver's
license, or those immigrants who do not seek to obtain a
driver's license.
Immigrant rights advocates indicate that the DMV has interpreted
"valid passport" to include unstamped passports - that is,
passports that do not bear an I-551 stamp. (When a new
immigrant first enters into the United States through Customs
and Border Protection, the immigrant's passport will bear an
I-551 stamp. Since an undocumented person is unlikely to have
an I-551 stamp, this requirement under current law prevents
undocumented persons from using their valid foreign passports as
a form of identification for notary purposes.)
There are arguments that have suggested that allowing a passport
without the I-551 stamp would make it difficult for a notary
public to decipher whether the passport is authentic or a sham.
However, for a number of reasons, these arguments appear
unpersuasive. First, this concern would exist whether a
passport included a stamp, or not. In other words, if a
criminal made a counterfeit passport, couldn't that criminal
also make a fake stamp? Second, it seems reasonable to trust
that a trained notary public could reasonably detect forged
identification documents. After all, a notary public must
complete certain educational and certification requirements
before becoming certified by the Secretary of State. Indeed, a
notary public must complete a six-hour course of study and
complete a written examination, both prescribed by the Secretary
of State. And when the notary seeks reappointment, the notary
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must complete a three-hour refresher course. It seems safe to
assume that identification documents would be a natural part of
a notary's study. Finally, even if a notary public was unsure
about whether a passport was authentic or not, current law
provides first and foremost that there "must be no evidence or
other circumstances that would lead a reasonable person to
believe that the person is not the individual he or she claims
to be." To the extent that the notary was uncertain about a
particular document, the notary would not be required to accept
it. In the notary's exercise of ordinary care, he or she would
likely seek additional evidence until the notary was satisfied.
Analysis Prepared by:
Eric Dang / JUD. / (916) 319-2334 FN: 0003905