BILL NUMBER: SB 997 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 11, 2016
AMENDED IN ASSEMBLY JUNE 14, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 20, 2016
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Lara
FEBRUARY 10, 2016
An act to amend Section 1185 of the Civil Code, relating to
notaries public.
LEGISLATIVE COUNSEL'S DIGEST
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.
This 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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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
(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, shall bear a
serial or other identifying number, and, in the event that the
document is a passport, shall have been stamped by the United States
Citizenship and Immigration Services of the Department of Homeland
Security:
(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.
(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. 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
(E), (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, and, in the event that the document is a
passport, shall have been stamped by the United States Citizenship
and Immigration Services of the Department of Homeland Security:
number:
(A) A passport valid consular
identification document issued by a foreign
government. 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 Assembly Bill 2566. 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 Assembly Bill 2566, in which case Section
1 of this bill shall not become operative.