OLR Bill Analysis

HB 5364 (as amended by House "A")*

AN ACT CONCERNING THE DEFINITION OF "NOTARIAL ACT".

SUMMARY:

Subject to certain exceptions, this bill allows notaries public to certify that a copy of a document is an accurate and complete reproduction of the original. The bill refers to the process of certifying a copy as “completing a copy certification. ” The exceptions are for (1) vital records (birth, death, fetal death, or marriage certificates); (2) documents that must be recorded by the state's or a political subdivision's agent or employee; and (3) federally-issued documents if federal law prohibits the copying.

The law defines a “notarial act” or “notarization” as any act that a notary public is empowered to perform under the general statutes. The bill provides that such acts include taking an acknowledgment, administering an oath or affirmation, witnessing or attesting a signature, and completing a copy certification. Under current law, notaries public lack the authority to do the latter.

*House Amendment “A” amends the definition of notarial act in the underlying bill by substituting the phrase “completing a copy certification” for “certifying or attesting a copy,” defines copy certification, and adds the exceptions.

EFFECTIVE DATE: October 1, 2012

COPY CERTIFICATION

Under the bill, a copy certification is a notarial act in which a notary public:

1. is presented with an original document;

2. copies or supervises the copying of the document, using a photographic or electronic copying process;

3. compares the original document to the copy; and

4. certifies that the copy is an accurate and complete reproduction of the original.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

42

Nay

0

(03/21/2012)