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                                                   SENATE BILL NO. 5327

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                                                            AS AMENDED BY THE HOUSE

                                                                            C 076 L 87

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Garrett, Johnson, Peterson, Wojahn, Lee, Tanner, Warnke, Williams and Kiskaddon; by request of Joint Select Committee on Disability Employment and Economic Participation

Read first time 1/23/87 and referred to Committee on  Commerce & Labor.

AN ACT Relating to persons of disability; amending RCW 50.12.210 and 42.44.080; and adding a new section to chapter 64.08 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 273, Laws of 1977 ex. sess. and RCW 50.12.210 are each amended to read as follows:

          It is the policy of the state of Washington that persons with physical, mental, or sensory handicaps shall be given equal opportunities in employment.  The legislature recognizes that handicapped persons have faced unfair discrimination in employment.

          For these reasons, the state employment service division of the employment security department shall give particular and special attention service to those persons with physical, mental, or sensory handicaps which substantially limit one or more of their major life functions as defined under P.L. 93-112 and rules promulgated thereunder.  Particular and special attention service shall include but not be limited to particular and special attention in counseling, referral, notification of job listings in advance of other persons, and other services of the employment service division.

          Nothing in this section shall be construed so as to affect the veteran's preference or any other requirement of the United States department of labor.

The employment security department shall report to the house and senate commerce and labor committees by December 1, 1987, on its accomplishments under this section and on its future plans for implementation of this section.  The department shall report to the above mentioned committees every odd-numbered year thereafter on its actions under this section.

          The employment security department shall establish rules to implement this section.

NEW SECTION. Sec. 2.  A new section is added to chapter 64.08 RCW to read as follows:

          Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person's name on his or her behalf.  In taking an acknowledgment under this section, the notary public or other authorized officer shall, in addition to stating his or her name and place of residence, state that the signature in the acknowledgment was obtained under the authority of this section.

        Sec. 3.  Section 8, chapter 156, Laws of 1985 and RCW 42.44.080 are each amended to read as follows:

          A notary public is authorized to perform notarial acts in this state.  Notarial acts shall be performed in accordance with the following, as applicable:

          (1) In taking an acknowledgment, a notary public must determine and certify, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary public and making the acknowledgement is the person whose true signature is on the document.

          (2) In taking an acknowledgment authorized by section 2 of this 1987 act from a person physically unable to sign his or her name or make a mark, a notary public shall, in addition to other requirements for taking an acknowledgment, determine and certify from personal knowledge or satisfactory evidence that the person appearing before the notary public is physically unable to sign his or her name or make a mark and is otherwise competent.  The notary public shall include in the acknowledgment a statement that the signature in the acknowledgment was obtained under the authority of section 2 of this 1987 act.

(3) In taking a verification upon oath or affirmation, a notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary public and making the verification is the person whose true signature is on the statement verified.

          (((3))) (4) In witnessing or attesting a signature, a notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary public and named in the document.

          (((4))) (5) In certifying or attesting a copy of a document or other item, a notary public must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied.

          (((5))) (6) In making or noting a protest of a negotiable instrument, a notary public must determine the matters set forth in RCW 62A.3-509.

          (((6))) (7) In certifying that an event has occurred or an act has been performed, a notary public must determine the occurrence or performance either from personal knowledge or from satisfactory evidence based upon the oath or affirmation of a credible witness personally known to the notary public.

          (((7))) (8) A notary public has satisfactory evidence that a person is the person described in a document if that person:  (a) Is personally known to the notary public; (b) is identified upon the oath or affirmation of a credible witness personally known to the notary public; or (c) is identified on the basis of identification documents.

          (((8))) (9) The signature and seal or stamp of a notary public are prima facie evidence that the signature of the notary is genuine and that the person is a notary public.

          (((9))) (10) A notary public is disqualified from performing a notarial act when the notary is a signer of the document which is to be notarized.

                                                                                                                             Passed the Senate April 8, 1987.

                                                                                                                                       President of the Senate.

                                                                                                                             Passed the House April 2, 1987.

                                                                                                                                         Speaker of the House.