Bill > S2916

Introduced Session

Presently, N.J.S.A. 52:7-14 directs that within three months of the receipt of his commission, a notary public shall take and subscribe an oath before the clerk of the county in which he resides. The oath of office of a nonresident notary public should be taken and subscribed before the clerk of the county in which he maintains his office or is employed. In the event of a declared state of emergency, such as the public health emergency and state of emergency declared by the Governor's Executive Order 103 of 2020, county level offices may not function normally, potentially resulting in delays or interruption to the vital services performed by notaries. This bill provides an additional, alternative way for a notary public to take the required oath. Under the bill, when a period of a declared state of emergency exists, a notary public may take and subscribe the oath before a member of the New Jersey Legislature for the area covered by the state of emergency. Thus, if a local state of emergency exists, a notary public may take and subscribe an oath before any legislator whose district includes that local unit; if a countywide state of emergency exists, a notary public may take and subscribe an oath before any legislator whose district includes that jurisdictional boundary, and if a statewide state of emergency exists, a notary public may take and subscribe an oath before any member of the New Jersey Legislature. The member of the Legislature before whom the oath of office is taken shall retain and, within 30 days of the end of the declared state of emergency, shall transmit the oath to the clerk of the county for filing. The bill directs the State Treasurer to provide each member of the Legislature with access to certificates of commission, and the notice concerning a notary public who is not licensed as an attorney-at-law for distribution to the applicant. The applicant remains responsible for the payment of the notary public application fee and oath of office recording fee.

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Richard Codey (D)*,  Patrick Diegnan (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 09/17/2020)