Bill Text: NJ A4793 | 2020-2021 | Regular Session | Introduced
Bill Title: Authorizes any member of the Legislature to perform all functions of notary public.
Spectrum: Slight Partisan Bill (Republican 14-8)
Status: (Introduced - Dead) 2020-10-19 - Introduced, Referred to Assembly Judiciary Committee [A4793 Detail]
Download: New_Jersey-2020-A4793-Introduced.html
Sponsored by:
Assemblywoman BETTYLOU DECROCE
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Authorizes any member of the Legislature to perform all functions of notary public.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning notaries public, amending R.S.46:14-6.1 and supplementing Title 46 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.46:14-6.1 is amended to read as follows:
46:14-6.1. Officers authorized to take acknowledgments.
a. The officers of this State authorized to take acknowledgments or proofs in this State, or in any other United States or foreign jurisdiction, are:
(1) an attorney-at-law;
(2) a notary public;
(3) a county clerk or deputy county clerk;
(4) a register of deeds and mortgages or a deputy register;
(5) a surrogate or deputy surrogate;
(6) a member of the State Legislature.
b. The officers authorized to take acknowledgments or proofs, in addition to those listed in subsection a., are:
(1) any officer of the United States, of a state, territory or district of the United States, or of a foreign nation authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer's authority to take acknowledgments or proofs;
(2) a foreign commissioner of deeds for New Jersey within the jurisdiction of the commission;
(3) a foreign service or consular officer or other representative of the United States to any foreign nation, within the territory of that nation.
(cf: P.L.1991, c.308, s.1)
2. (New section) a. (1) A member of the State Legislature who validates an affidavit, acknowledgment, proof, oath, or affirmation taken before the member in accordance with the provisions of chapter 14 of Title 46 of the Revised Statutes or R.S.41:2-1 may, but shall not be required to, affix a raised seal to the document indicating that he or she is a member of the Legislature of the State of New Jersey and, as such, is authorized by statute to perform such validations.
(2) The seal, which shall be
provided by the State Treasurer to a member of the Legislature upon request, shall
include a depiction of
the State Seal. Any legislator using such a seal shall return the seal to the State Treasurer upon leaving office.
b. Validation of an affidavit, acknowledgment, proof, oath, or affirmation by a member of the Legislature pursuant to subsection a. of this section shall have the same force and effect as validation and the affixing of a seal by a notary public.
3. The State Treasurer, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the purposes of this act.
4. This act shall take effect on the 90th day following enactment except the State Treasurer may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill would authorize members of the Legislature to perform all functions of notaries public, and to affix a raised seal to notarized documents.
Currently, legislators are authorized to perform some notarial functions pursuant to R.S.41:2-1. This statute provides that legislators are authorized to take oaths, affirmations, and affidavits. Under the bill, members of the Legislature would also be authorized to take acknowledgements or proofs. Currently, under R.S.46:14-6.1, acknowledgements or proofs may be taken only by an attorney-at-law, a notary public, a county clerk or deputy county clerk, a register of deeds and mortgages or a deputy register, a surrogate or deputy surrogate, and certain federal officials and officials of other states.
The bill also provides that a member of the Legislature who validates an affidavit, acknowledgment, proof, oath, or affirmation may, but would not be required to, affix a raised seal to the document indicating that he or she is a member of the Legislature of the State of New Jersey and, as such, is authorized by statute to perform such validations. The seal, which would be provided by the State Treasurer to a member of the Legislature upon request, would include a depiction of the State Seal. The bill provides that any legislator using such a seal would be required to return it to the State Treasurer upon leaving office.
The bill specifies that the validation of an affidavit, acknowledgment, proof, oath, or affirmation by a member of the Legislature in accordance with the bill would have the same force and effect as validation by a notary public.
