Bill S1399-2013

Increases the fees notaries public are entitled to from two to five dollars

Increases the fees certain notaries public are entitled to receive.

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  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S1399

TITLE OF BILL: An act to amend the executive law, in relation to increasing the fees certain notaries public shall be entitled to

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to increase the fee that can be charged by a notary public for the performance of a service.

SUMMARY OF SPECIFIC PROVISIONS: Subdivisions 1 and 2 of section 136 of the executive law as amended by Chapter 143 of tile laws of 1991.

JUSTIFICATION: Public notaries are licensed professionals who are registered with the Department of State (DOS). Notaries not only provide an important service by affirming, acknowledging and certifying legal documents, they can also be subpoenaed to provide evidence in court proceedings validating the signatory of those documents in question regardless of the number of Years prior the notarization took place.

In 1991, tile state gave authorization to allow notaries to charge $2.00 for a notarization. That same year, DOS charged $20.00 to renew a license plus an additional $10.00 to the county where the notary was qualified. Today, DOS charges $60.00 to renew a license and, in some counties, the additional county fee could be has high as $30.00. However, notaries have not been given that same authorization to increase their fee during that same period.

Over the past year, notaries have been experiencing an increased demand for their services and court appearances; however, the number of licensed notaries has decreased. This is because while the personal and professional cost of being a notary has increased, their fee has not.

This bill increases a notary's fee to five dollars in a city having a population in excess of one million people.

PRIOR LEGISLATIVE HISTORY: 2007-08: A.9080/S.4773 2009-10: A.6925/S.3378 2011-12: A.1583-A/S.1600-A - Died in Committee

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1399 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to increasing the fees certain notaries public shall be entitled to THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 136 of the executive law, as amended by chapter 143 of the laws of 1991, are amended to read as follows: 1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, two dollars; PROVIDED THAT, IN A CITY HAVING A POPULATION IN EXCESS OF ONE MILLION PEOPLE, THE FEE FOR ADMINISTERING AN OATH OR AFFIRMATION, AND CERTIFYING THE SAME WHEN REQUIRED, EXCEPT WHERE ANOTHER FEE IS SPECIFICALLY PRESCRIBED BY STATUTE, FIVE DOLLARS. 2. For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, two dollars, and by each addi- tional person, two dollars, for swearing each witness thereto, two dollars; PROVIDED THAT, IN A CITY HAVING A POPULATION IN EXCESS OF ONE MILLION PEOPLE, THE FEE FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT OR PROOF OF EXECUTION OF A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS, AND BY EACH ADDITIONAL PERSON, FIVE DOLLARS, FOR SWEARING EACH WITNESS THERETO, FIVE DOLLARS. S 2. This act shall take effect immediately.

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