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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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;and24 (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)"
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved 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".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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;and24 (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 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