Sets a fee of two dollars for notaries public services pursuant to section 136 of the executive law performed in correctional facilities.
Ayes (22): DeFrancisco, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Diaz, Breslin
Ayes W/R (6): LaValle, Krueger, Dilan, Gianaris, Peralta, Kennedy
Nays (8): Rivera, Montgomery, Parker, Perkins, Stavisky, Squadron, Espaillat, Sampson
TITLE OF BILL: An act to amend the executive law, in relation to the powers and duties of notaries public
PURPOSE: To charge inmates of a state correctional facility a fee of two dollars for any service performed by a notary public.
Section 1 adds Section 136-a to Article 6 of the executive law to provide a fee of two dollars be charged for the services outlined in
Section 136 of the same article when performed for an inmate of a correctional facility.
Section 2 provides the enacting clause.
JUSTIFICATION: Each year, thousands of lawsuits are filed by inmates in New York each year with a large percentage of them being dismissed by the courts. In New York, as much as 20% of the Attorney General's budget has been spent on prisoner lawsuits. This costly, unreasonable system, bogs down our courts and slows justice.
This bill requires a notary public to charge any inmate of a correctional facility for administering an oath or affirmation, certifying the same when required, except where another fee is specifically prescribed by statute, and for taking and certifying the acknowledgment or proof of execution of a written instrument, a fee of two dollars.
By charging the standard fee for these items as outlined in Section 136 of Article 6 of the executive law, the advantage given to inmates over other New Yorkers in having these services provided free of charge is removed. Charging regular fees fox these services will act as a deterrent while ensuring inmate access to the State's court system remains equal with that of any citizen.
The Prisoner Litigation Reform Act of 1996 added fees and pushed inmates to used internal jail grievance procedures before turning to the courts. As a result, there was some progress made in slowing the frivolous law suits filed by prisoners but the number of egregious claims remains unacceptable high. By charging a simple two dollar fee, we take another small step in dissuading inmates from filing frivolous suits.
LEGISLATIVE HISTORY: S.6197 of 2012 -3rd Reading S.6219 of 2006- Referred to Finance S.5307A of 1998- Discharged to Finance S.5307A of 1997- Referred to Rules
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1954 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. RITCHIE, GOLDEN, LARKIN, O'MARA -- 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 the powers and duties of notaries public THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 136-a to read as follows: S 136-A. NOTARIAL FEES IN A STATE CORRECTIONAL FACILITY. A NOTARY PUBLIC SHALL CHARGE A FEE OF TWO DOLLARS FOR PERFORMING ANY OF THE SERVICES SET FORTH IN SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTICLE FOR AN INMATE IN A STATE CORRECTIONAL FACILITY. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06541-01-3