S-1885               _______________________________________________

                                                   SENATE BILL NO. 5949

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Warnke

Read first time 2/20/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to acknowledgments by disabled persons; amending RCW 42.44.080; and adding a new section to chapter 64.08 RCW.

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

NEW SECTION. Sec. 1.  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 by orally directing the notary public or other authorized officer taking the acknowledgment to sign such person's name on his or her behalf.

        Sec. 2.  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 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) 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) 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) 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) 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) In taking an acknowledgment from a person physically unable to sign his or her name or make a mark as authorized by section 1 of this 1987 act, 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.

(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.