SB 997, as amended, Lara. Notaries public.
Existing law prohibits the acknowledgment of an instrument from being 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. Under existing law, “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, among other things, he or she presents a specified document that is either current or issued within 5 years that contains a photograph and description of the person named on it, the signature of the person, and a serial or other identifying number, as provided.
This bill would add an identification card issued by a federally recognized tribal government to the list of documents acceptable for identification purposes.
begin insertThis bill would also incorporate changes to Section 1185 of the Civil Code proposed by both this bill and AB 2566, which would become operative only if both bills 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
23 that 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).
28(v) The witness does not have a financial interest in the
29document being acknowledged and is not named in the document.
30(B) A notary public who violates this section by failing to obtain
31the satisfactory evidence required by subparagraph (A) shall be
32subject to a civil penalty not exceeding ten thousand dollars
P3 1($10,000). An action to impose this civil penalty may be brought
2by the Secretary of State in an administrative proceeding or a public
3prosecutor in superior court, and shall be enforced as a civil
4judgment. A public prosecutor shall inform the secretary of any
5civil penalty imposed under this subparagraph.
6(2) The oath or affirmation
under penalty of perjury of two
7credible witnesses, whose identities are proven to the officer upon
8the presentation of a document satisfying the requirements of
9paragraph (3) or (4), that each statement in paragraph (1) is true.
10(3) Reasonable reliance on the presentation to the officer of any
11one of the following, if the document or other form of identification
12is current or has been issued within five years:
13(A) An identification card or driver’s license issued by the
14Department of Motor Vehicles.
15(B) A passport issued by the Department of State of the United
16States.
17(C) An inmate identification card issued by the Department of
18Corrections and
Rehabilitation, if the inmate is in custody in prison.
19(D) Any form of inmate identification issued by a sheriff’s
20department, if the inmate is in custody in a local detention facility.
21(4) Reasonable reliance on the presentation of any one of the
22following, provided that a document specified in subparagraphs
23(A) to (F), inclusive, shall either be current or have been issued
24within five years and shall contain a photograph and description
25of the person named on it, shall be signed by the person, shall bear
26a serial or other identifying number, and, in the event that the
27document is a passport, shall have been stamped by the United
28States Citizenship and Immigration Services of the Department of
29Homeland Security:
30(A) A passport issued by a foreign government.
31(B) A driver’s license issued by a state other than California or
32by a Canadian or Mexican public agency authorized to issue
33driver’s licenses.
34(C) An identification card issued by a state other than California.
35(D) An identification card issued by any branch of the Armed
36Forces of the United States.
37(E) An employee identification card issued by an agency or
38office of the State of California, or by an agency or office of a city,
39county, or city and county in this state.
P4 1(F) An identification card issued by a federally recognized tribal
2government.
3(c) An officer who has taken an acknowledgment pursuant to
4this section shall be presumed to have operated in accordance with
5the provisions of law.
6(d) A party who files an action for damages based on the failure
7of the officer to establish the proper identity of the person making
8the acknowledgment shall have the burden of proof in establishing
9the negligence or misconduct of the officer.
10(e) A person convicted of perjury under this section shall forfeit
11any 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
14taken unless the officer taking it has satisfactory evidence that the
15person making the acknowledgment is the individual who is
16described in and who executed the instrument.
17(b) For purposes of this section, “satisfactory evidence” means
18the absence of information, evidence, or other circumstances that
19would lead a reasonable person to believe that the person making
20the acknowledgment is not the individual he or she claims to be
21and any one of the following:
22(1) (A) The oath or affirmation of a credible witness personally
23known to the officer, whose identity is proven to the officer upon
24presentation of a document satisfying
the requirements of paragraph
25(3) or (4), that the person making the acknowledgment is personally
26known to the witness and that each of the following are true:
27(i) The person making the acknowledgment is the person named
28in the document.
29(ii) The person making the acknowledgment is personally known
30to the witness.
31(iii) That it is the reasonable belief of the witness that the
32circumstances of the person making the acknowledgment are such
33that it would be very difficult or impossible for that person to
34obtain another form of identification.
35(iv) The person making the acknowledgment does not possess
36any of the identification documents named in paragraphs (3) and
37(4).
38(v) The witness does not
have a financial interest in the
39document 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
19Assembly Bill 2566. It shall only become operative if (1) both bills
20are enacted and become effective on or before January 1, 2017,
21(2) each bill amends Section 1185 of the Civil Code, and (3) this
22bill is enacted after Assembly Bill 2566, in which case Section 1
23of this bill shall not become operative.
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