2007 Legislation
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SENATE BILL NO. 1159 – Written instruments, acknowledgment

SENATE BILL NO. 1159

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Bill Status



S1159aa..............................................by JUDICIARY AND RULES
WRITTEN INSTRUMENTS - Amends and adds to existing law regarding
acknowledgments of written instruments to revise the powers and
jurisdiction of a notary public; to provide for the certification of the
affixation of a signature by mark and to provide for a signature by a
notary for a person physically unable to sign or sign by mark; to provide
for a certificate of acknowledgment by a person signing by mark; and to
provide for a certificate of acknowledgment by a person physically unable
to sign or sign by mark.

02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Jud
03/01    Rpt out - to 14th Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Davis
    Title apvd - to House
03/09    House intro - 1st rdg - to Bus
03/16    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker(Luker), Marriott, Mathews,
      McGeachin, Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Moyle
    Floor Sponsor - Anderson
    Title apvd - to Senate
03/23    To enrol
03/26    Rpt enrol - Pres signed - Sp signed - To Governor
03/30    Governor signed
         Session Law Chapter 312
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1159
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ACKNOWLEDGMENTS OF WRITTEN INSTRUMENTS; AMENDING  SECTION  51-107,
  3        IDAHO  CODE,  TO REVISE THE POWERS AND JURISDICTION OF A NOTARY PUBLIC AND
  4        TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 51-109,  IDAHO  CODE,  TO
  5        PROVIDE FOR THE CERTIFICATION OF THE AFFIXATION OF A SIGNATURE BY MARK, TO
  6        PROVIDE FOR A SIGNATURE BY A NOTARY FOR A PERSON PHYSICALLY UNABLE TO SIGN
  7        OR  SIGN  BY  MARK  AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 7,
  8        TITLE 55, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  55-712A,  IDAHO
  9        CODE,  TO  PROVIDE FOR A CERTIFICATE OF ACKNOWLEDGMENT BY A PERSON SIGNING
 10        BY MARK; AND AMENDING CHAPTER 7, TITLE 55, IDAHO CODE, BY THE ADDITION  OF
 11        A  NEW  SECTION  55-712B,  IDAHO  CODE,  TO  PROVIDE  FOR A CERTIFICATE OF
 12        ACKNOWLEDGMENT BY A PERSON PHYSICALLY UNABLE TO SIGN OR SIGN BY MARK.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 51-107, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        51-107.  POWERS AND JURISDICTION. (1) Each notary public is empowered to:
 17        (a)  Take acknowledgments:;
 18        (b)  Administer oaths and affirmations;
 19        (c)  Certify  that  a copy of an original document is a true copy thereof,
 20        only if a certified copy of such original cannot be obtained from an offi-
 21        cial custodian of such document;
 22        (d)  Certify affidavits (to include verifications) or depositions of  wit-
 23        nesses; and
 24        (e)  Certify  the  affixation of a signature by mark on an instrument pre-
 25        sented for notarization if:
 26             (i)   The mark is affixed in the presence of the notary and  one  (1)
 27             witness unaffected by the instrument;
 28             (ii)  The witness signs his name to the instrument beside the mark;
 29             (iii) The  notary  writes below the mark the following: "Mark affixed
 30             by (printed name of signer by mark) in the presence of (printed  name
 31             of witness)."; and
 32             (iv)  The  notary  public  notarizes  the signature by mark through a
 33             certificate of acknowledgment or verification;
 34        (f)  A notary may sign the name of a person physically unable to  sign  or
 35        sign by mark on a document presented for notarization if:
 36             (i)   The  person  directs  the  notary to do so in the presence of a
 37             witness unaffected by the instrument;
 38             (ii)  The notary signs the person's name in the presence of the  per-
 39             son and the witness;
 40             (iii) The witness signs the instrument beside the signature;
 41             (iv)  The notary writes below the signature the following: "Signature
 42             affixed  by  notary in the presence of (name of person and witness)";
 43             and
                                                                        
                                       2
                                                                        
  1             (v)  The notary notarizes the  signature  through  a  certificate  of
  2             acknowledgment or verification; and
  3        (g)  Perform such other acts as may be specifically permitted by law.
  4        (2)  The powers of a notary public commissioned pursuant to the provisions
  5    of this chapter may be exercised anywhere within the state of Idaho and may be
  6    exercised outside the state only in connection with a deed or other writing to
  7    be admitted to record in the state of Idaho.
                                                                        
  8        SECTION  2.  That  Section  51-109, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        51-109.  FORMS FOR NOTARIAL ACTS. (1) Certificates of acknowledgment shall
 11    substantially conform to the  forms  set  forth  in  sections  55-710  through
 12    55-715, Idaho Code.
 13        (2)  An  oath  or affirmation, which is in writing, shall be signed by the
 14    person who takes it, and the notary public  shall  enter  thereunder  substan-
 15    tially the following:
 16        "State of Idaho     )
 17                            )ss.
 18        County of .....     )
 19        Subscribed and sworn (or affirmed) before me this ..... day of ..........,
 20        ....."
 21                                ....................(official signature and seal)"
 22        (3)  An oath or affirmation administered verbally by a notary public shall
 23    be in substantially the following form:
 24        "You  do  solemnly  swear (or affirm) that the testimony you shall give in
 25        the matter in issue shall be the truth, the whole truth, and  nothing  but
 26        the  truth."  The  person  who  takes the oath or affirmation must respond
 27        affirmatively.
 28        (4)  A certificate of verification  of  an  instrument  shall  follow  the
 29    maker's  signature  and  shall identify the notary public and certify that the
 30    maker personally appeared, was sworn, stated  his  authority  for  making  the
 31    instrument,  and averred the truth of the statements therein. For example, the
 32    verification of a corporate document by an officer of the  corporation  should
 33    be in substantially the following form:
 34        "State of Idaho     )
 35                            )ss.
 36        County of .....     )
 37             I,  ....................,  a notary public, do hereby certify that on
 38        this .....  day  of  ..........,  .....,  personally  appeared  before  me
 39        .............,  who, being by me first duly sworn, declared that he is the
 40        ............ of ........................., that he  signed  the  foregoing
 41        document as .......... of the corporation, and that the statements therein
 42        contained are true."
 43                                ....................(official signature and seal)"
 44        (5)  The  witnessing  and  certificate  of verification for a signature by
 45    mark shall be substantially in the following form:
 46        "Mark: .......      Witness Signature: ....................
 47        Mark affixed by (name of signer by mark) in  the  presence  of  (name  and
 48        address of witness) and undersigned notary................................
 49        State of Idaho      )
 50                            )ss.
 51        County of .....     )
 52             I,  ....................,  a notary public, do hereby certify that on
 53        this .....  day  of  ..........,  .....,  personally  appeared  before  me
                                                                        
                                       3
                                                                        
  1        .............  (name  and  signer  by  mark),  who, being by me first duly
  2        sworn, declared that he made his mark on  the  foregoing  instrument,  and
  3        that the statements therein contained are true.
  4                                ....................(official signature and seal)"
  5        (6)  The  witnessing  and certificate of verification for a signature by a
  6    person physically unable to sign or sign by mark on  an  instrument  shall  be
  7    substantially in the following form:
  8        "Signature of person by notary: ..........................................
  9        Witness Signature: .......................................................
 10        Signature  affixed  by  notary  in the presence of (names and addresses of
 11        person and witness).
 12        State of Idaho      )
 13                            )ss.
 14        County of .....     )
 15             I, ...................., a notary public, do hereby certify  that  on
 16        this  .....  day  of  ..........,  .....,  personally  appeared  before me
 17        ............. (name of person unable to sign or sign by mark), who,  being
 18        by  me  first duly sworn, declared that he signed the foregoing instrument
 19        by directing the undersigned notary to sign the instrument  for  him,  and
 20        that the statements therein contained are true.
 21                                ....................(official signature and seal)"
 22        (7)  If  a  certified  copy  of  a  document  cannot  be obtained from any
 23    recorder or custodian of public documents, and if certification of a  copy  of
 24    the  document by a notary public is otherwise permissible, a notary public may
 25    certify a copy of the document in substantially the following form:
 26        "State of Idaho     )
 27                            )ss.
 28        County of .....     )
 29             I,  ....................,  a  notary  public,  do  certify  that   on
 30        ..........,   .....,   I   carefully   compared   the   attached  copy  of
 31        ......................... (describe document) with the original. It  is  a
 32        complete and true copy of the original document."
 33                                 ....................(official signature and seal)
 34        (68)  On each notary certificate, the notary public shall immediately fol-
 35    lowing  his  signature  state  the date of the expiration of his commission in
 36    substantially the following form:
 37        "My commission expires on .............., ....."
                                                                        
 38        SECTION 3.  That Chapter 7, Title 55, Idaho Code,  be,  and  the  same  is
 39    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 40    ignated as Section 55-712A, Idaho Code, and to read as follows:
                                                                        
 41        55-712A.  FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY PERSON SIGNING BY MARK.
 42    The certificate of acknowledgment by a person signing by mark  shall  be  sub-
 43    stantially in the following form:
 44        "Mark: .......      Witness Signature: ....................
 45        Mark affixed by (printed or typewritten name of person signing by mark) in
 46        the presence of (name and address of witness) and undersigned notary.
 47        State of Idaho      )
 48                            )ss.
 49        County of .....     )
 50        On this ..... day of .........., in the year ....., before me (here insert
 51        the  name  and quality of the officer), personally appeared .............,
 52        known  or  identified  to  me  (or  proved  to   me   on   the   oath   of
 53        .......................)  to be the person whose name is subscribed to the
                                                                        
                                       4
                                                                        
  1        within instrument, and acknowledged to me that he  executed  the  same  by
  2        affixing his mark thereto.
  3                                ....................(official signature and seal)"
                                                                        
  4        SECTION  4.  That  Chapter  7,  Title  55, Idaho Code, be, and the same is
  5    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  6    ignated as Section 55-712B, Idaho Code, and to read as follows:
                                                                        
  7        55-712B.  FORM  OF  CERTIFICATE  --  ACKNOWLEDGMENT  BY  PERSON PHYSICALLY
  8    UNABLE TO SIGN OR SIGN BY MARK. The certificate of acknowledgment by a  person
  9    physically unable to sign or sign by mark must be substantially in the follow-
 10    ing form:
 11        "Signature of person by notary: ....................
 12                                          Witness Signature: .....................
 13        Signature  affixed  by notary in the presence of (names of person and wit-
 14        ness).
 15        State of Idaho      )
 16                            )ss.
 17        County of .....     )
 18        On this ..... day of .........., in the year ....., before me (here insert
 19        the name and quality of the officer), personally  appeared  .............,
 20        known   or   identified   to   me   (or  proved  to  me  on  the  oath  of
 21        .......................) to be the person whose name is subscribed to  the
 22        within  instrument,  and  acknowledged  to me that he executed the same by
 23        directing the undersigned notary to affix his signature thereto.
 24                                ....................(official signature and seal)"

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Davis               
                                                                        
                                                     Seconded by Stegner             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1159
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 26 through 31, and insert:
  3             "(i)   The signer is unable to handwrite the signer's name;
  4             (ii)  The mark is affixed in the presence of the notary in  a  manner
  5             which the notary can directly observe;
  6             (iii) The  notary  writes below the mark the following: "Mark affixed
  7             by (printed name of signer by mark)."; and".
                                                                        
  8                               AMENDMENTS TO SECTION 2
  9        On page 2, in line 46, delete "Witness  Signature:  ....................";
 10    and in lines 47 and 48, delete "(name and address of witness) and".
                                                                        
 11                               AMENDMENTS TO SECTION 3
 12        On  page  3, in line 44, delete "Witness Signature: ....................";
 13    and in line 46, delete "(name and address of witness) and".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1159, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ACKNOWLEDGMENTS OF WRITTEN INSTRUMENTS; AMENDING  SECTION  51-107,
  3        IDAHO  CODE,  TO REVISE THE POWERS AND JURISDICTION OF A NOTARY PUBLIC AND
  4        TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 51-109,  IDAHO  CODE,  TO
  5        PROVIDE FOR THE CERTIFICATION OF THE AFFIXATION OF A SIGNATURE BY MARK, TO
  6        PROVIDE FOR A SIGNATURE BY A NOTARY FOR A PERSON PHYSICALLY UNABLE TO SIGN
  7        OR  SIGN  BY  MARK  AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 7,
  8        TITLE 55, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  55-712A,  IDAHO
  9        CODE,  TO  PROVIDE FOR A CERTIFICATE OF ACKNOWLEDGMENT BY A PERSON SIGNING
 10        BY MARK; AND AMENDING CHAPTER 7, TITLE 55, IDAHO CODE, BY THE ADDITION  OF
 11        A  NEW  SECTION  55-712B,  IDAHO  CODE,  TO  PROVIDE  FOR A CERTIFICATE OF
 12        ACKNOWLEDGMENT BY A PERSON PHYSICALLY UNABLE TO SIGN OR SIGN BY MARK.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 51-107, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        51-107.  POWERS AND JURISDICTION. (1) Each notary public is empowered to:
 17        (a)  Take acknowledgments:;
 18        (b)  Administer oaths and affirmations;
 19        (c)  Certify  that  a copy of an original document is a true copy thereof,
 20        only if a certified copy of such original cannot be obtained from an offi-
 21        cial custodian of such document;
 22        (d)  Certify affidavits (to include verifications) or depositions of  wit-
 23        nesses; and
 24        (e)  Certify  the  affixation of a signature by mark on an instrument pre-
 25        sented for notarization if:
 26             (i)   The signer is unable to handwrite the signer's name;
 27             (ii)  The mark is affixed in the presence of the notary in  a  manner
 28             which the notary can directly observe;
 29             (iii) The  notary  writes below the mark the following: "Mark affixed
 30             by (printed name of signer by mark)."; and
 31             (iv)  The notary public notarizes the signature  by  mark  through  a
 32             certificate of acknowledgment or verification;
 33        (f)  A  notary  may sign the name of a person physically unable to sign or
 34        sign by mark on a document presented for notarization if:
 35             (i)   The person directs the notary to do so in  the  presence  of  a
 36             witness unaffected by the instrument;
 37             (ii)  The  notary signs the person's name in the presence of the per-
 38             son and the witness;
 39             (iii) The witness signs the instrument beside the signature;
 40             (iv)  The notary writes below the signature the following: "Signature
 41             affixed by notary in the presence of (name of person  and  witness)";
 42             and
 43             (v)  The  notary  notarizes  the  signature  through a certificate of
                                                                        
                                       2
                                                                        
  1             acknowledgment or verification; and
  2        (g)  Perform such other acts as may be specifically permitted by law.
  3        (2)  The powers of a notary public commissioned pursuant to the provisions
  4    of this chapter may be exercised anywhere within the state of Idaho and may be
  5    exercised outside the state only in connection with a deed or other writing to
  6    be admitted to record in the state of Idaho.
                                                                        
  7        SECTION 2.  That Section 51-109, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        51-109.  FORMS FOR NOTARIAL ACTS. (1) Certificates of acknowledgment shall
 10    substantially  conform  to  the  forms  set  forth  in sections 55-710 through
 11    55-715, Idaho Code.
 12        (2)  An oath or affirmation, which is in writing, shall be signed  by  the
 13    person  who  takes  it,  and the notary public shall enter thereunder substan-
 14    tially the following:
 15        "State of Idaho     )
 16                            )ss.
 17        County of .....     )
 18        Subscribed and sworn (or affirmed) before me this ..... day of ..........,
 19        ....."
 20                                ....................(official signature and seal)"
 21        (3)  An oath or affirmation administered verbally by a notary public shall
 22    be in substantially the following form:
 23        "You do solemnly swear (or affirm) that the testimony you  shall  give  in
 24        the  matter  in issue shall be the truth, the whole truth, and nothing but
 25        the truth." The person who takes the  oath  or  affirmation  must  respond
 26        affirmatively.
 27        (4)  A  certificate  of  verification  of  an  instrument shall follow the
 28    maker's signature and shall identify the notary public and  certify  that  the
 29    maker  personally  appeared,  was  sworn,  stated his authority for making the
 30    instrument, and averred the truth of the statements therein. For example,  the
 31    verification  of  a corporate document by an officer of the corporation should
 32    be in substantially the following form:
 33        "State of Idaho     )
 34                            )ss.
 35        County of .....     )
 36             I, ...................., a notary public, do hereby certify  that  on
 37        this  .....  day  of  ..........,  .....,  personally  appeared  before me
 38        ............., who, being by me first duly sworn, declared that he is  the
 39        ............  of  .........................,  that he signed the foregoing
 40        document as .......... of the corporation, and that the statements therein
 41        contained are true."
 42                                ....................(official signature and seal)"
 43        (5)  The witnessing and certificate of verification  for  a  signature  by
 44    mark shall be substantially in the following form:
 45        "Mark: .......
 46        Mark  affixed  by  (name of signer by mark) in the presence of undersigned
 47        notary....................................................................
 48        State of Idaho      )
 49                            )ss.
 50        County of .....     )
 51             I, ...................., a notary public, do hereby certify  that  on
 52        this  .....  day  of  ..........,  .....,  personally  appeared  before me
 53        ............. (name and signer by mark),  who,  being  by  me  first  duly
                                                                        
                                       3
                                                                        
  1        sworn,  declared  that  he  made his mark on the foregoing instrument, and
  2        that the statements therein contained are true.
  3                                ....................(official signature and seal)"
  4        (6)  The witnessing and certificate of verification for a signature  by  a
  5    person  physically  unable  to  sign or sign by mark on an instrument shall be
  6    substantially in the following form:
  7        "Signature of person by notary: ..........................................
  8        Witness Signature: .......................................................
  9        Signature affixed by notary in the presence of  (names  and  addresses  of
 10        person and witness).
 11        State of Idaho      )
 12                            )ss.
 13        County of .....     )
 14             I,  ....................,  a notary public, do hereby certify that on
 15        this .....  day  of  ..........,  .....,  personally  appeared  before  me
 16        .............  (name of person unable to sign or sign by mark), who, being
 17        by me first duly sworn, declared that he signed the  foregoing  instrument
 18        by  directing  the  undersigned notary to sign the instrument for him, and
 19        that the statements therein contained are true.
 20                                ....................(official signature and seal)"
 21        (7)  If a certified copy  of  a  document  cannot  be  obtained  from  any
 22    recorder  or  custodian of public documents, and if certification of a copy of
 23    the document by a notary public is otherwise permissible, a notary public  may
 24    certify a copy of the document in substantially the following form:
 25        "State of Idaho     )
 26                            )ss.
 27        County of .....     )
 28             I,   ....................,  a  notary  public,  do  certify  that  on
 29        ..........,  .....,  I   carefully   compared   the   attached   copy   of
 30        .........................  (describe  document) with the original. It is a
 31        complete and true copy of the original document."
 32                                 ....................(official signature and seal)
 33        (68)  On each notary certificate, the notary public shall immediately fol-
 34    lowing his signature state the date of the expiration  of  his  commission  in
 35    substantially the following form:
 36        "My commission expires on .............., ....."
                                                                        
 37        SECTION  3.  That  Chapter  7,  Title  55, Idaho Code, be, and the same is
 38    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 39    ignated as Section 55-712A, Idaho Code, and to read as follows:
                                                                        
 40        55-712A.  FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY PERSON SIGNING BY MARK.
 41    The  certificate  of  acknowledgment by a person signing by mark shall be sub-
 42    stantially in the following form:
 43        "Mark: .......
 44        Mark affixed by (printed or typewritten name of person signing by mark) in
 45        the presence of undersigned notary.
 46        State of Idaho      )
 47                            )ss.
 48        County of .....     )
 49        On this ..... day of .........., in the year ....., before me (here insert
 50        the name and quality of the officer), personally  appeared  .............,
 51        known   or   identified   to   me   (or  proved  to  me  on  the  oath  of
 52        .......................) to be the person whose name is subscribed to  the
 53        within  instrument,  and  acknowledged  to me that he executed the same by
                                                                        
                                       4
                                                                        
  1        affixing his mark thereto.
  2                                ....................(official signature and seal)"
                                                                        
  3        SECTION 4.  That Chapter 7, Title 55, Idaho Code,  be,  and  the  same  is
  4    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  5    ignated as Section 55-712B, Idaho Code, and to read as follows:
                                                                        
  6        55-712B.  FORM OF  CERTIFICATE  --  ACKNOWLEDGMENT  BY  PERSON  PHYSICALLY
  7    UNABLE  TO SIGN OR SIGN BY MARK. The certificate of acknowledgment by a person
  8    physically unable to sign or sign by mark must be substantially in the follow-
  9    ing form:
 10        "Signature of person by notary: ....................
 11                                          Witness Signature: .....................
 12        Signature affixed by notary in the presence of (names of person  and  wit-
 13        ness).
 14        State of Idaho      )
 15                            )ss.
 16        County of .....     )
 17        On this ..... day of .........., in the year ....., before me (here insert
 18        the  name  and quality of the officer), personally appeared .............,
 19        known  or  identified  to  me  (or  proved  to   me   on   the   oath   of
 20        .......................)  to be the person whose name is subscribed to the
 21        within instrument, and acknowledged to me that he  executed  the  same  by
 22        directing the undersigned notary to affix his signature thereto.
 23                                ....................(official signature and seal)"

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17014

Increasingly, people who are required to execute a document
to be notarized are either unable to physically sign at all, or
can only affix a mark.  Most commonly, this is because of
physical infirmity, paralysis, or disease.  The person has
sufficient mental capacity to execute the document, but does not
have the physical ability to do so.  Traditionally, the method
used is to have the person either affix their mark, perhaps an
"X", to the document, or to direct another person to sign for
them.  However, Idaho law has been silent on the correct method
of signing and of notarizing under either of those methods.  This
bill sets forth the correct method of the execution of the
document, by mark or by direction, and of notarization of the
executed document.

Section One amends Section 51-107, Idaho Code.  It first
adds new paragraph e (starting on line 24 of page 1) to provide
for a signature by mark.  Specifically, the mark has to be
affixed in the presence of the notary and a neutral witness and
the witness signs beside the mark.  The notary then adds the
language in lines 29-31 regarding the mark and witness, and
notarizes the document.  Paragraph f, starting on line 34 of page
1, provides for signature by a person unable to sign or sign by
mark. The person directs the notary to sign in presence of a
neutral witness and a similar procedure to the mark method
follows. Section Two amends Section 51-109, Idaho Code, by new
paragraphs 5 and 6 to set forth the actual format of the
witnessing and certificate of notary in each method.

Section Three adds a new Section 55-7112A, Idaho Code, to
set the format for the notarial certificate for signing by mark. 
Section Four does the same for signing by oral direction.

The exact language of the bill has been reviewed in detail
with the Secretary of State's office and has been designed to
mesh properly with legislation that office will be bringing in a
future session to modify other portions of the notary code.



                           FISCAL NOTE

This bill will have no fiscal impact.




Contact
Name: Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc.
Phone: 336-9880     Cell Phone:  (208) 631-2481



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1159