Read the full stored bill text
A4216
ASSEMBLY, No. 4216
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
���� Permits notaries public to take oath before
legislative members during declared state of emergency.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning oaths of notaries public during declared
state of emergency and amending P.L.1979, c.460.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 5 of P.L. 1979,
c.460 (C.52:7-14) is amended to read as follows:
���� 5.��� a.� Within three months
of the receipt of a commission, each notary public shall take and subscribe an
oath before the clerk of the county in which the notary public resides,
or,
during a declared state of emergency, before a member of the New Jersey
Legislature for the area covered by the public state of emergency,
to
faithfully and honestly discharge the duties of the office; and make and keep a
true record of all such matters as are required by law, which oath shall be
filed with the clerk.� The oath of office of a nonresident notary public shall
be taken and subscribed before the clerk of the county in which the nonresident
notary public maintains the notary public's office or the county in which the
nonresident notary public is an employee of a business with its domicile or
primary place of business in this State
or, during a declared state of
emergency, before a member of the Legislature for the area covered by the state
of emergency.
����
A 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, transmit the oath to the clerk of the
county
.
���� b.��� Upon the administration
of the oath, the clerk
, or, during the period when a declared state of
emergency exists, the member of the Legislature,
shall cause the notary
public to endorse the certificate of commission and qualification and shall
transmit the certificate to the State Treasurer within 10 days of the
administration of the oath.�
���� After the administration of
the oath, the clerk
or member of the New Jersey Legislature
shall
provide a notice to the person that a notary public who is not licensed as an
attorney-at-law shall not use or advertise the title of lawyer or
attorney-at-law, or equivalent terms, in any language, which mean or imply that
the notary public is licensed as an attorney-at-law in the State of New Jersey
or in any other jurisdiction of the United States.� The notice shall also state
that a notary public who advertises the notary public's services, in any
language, is required to provide with such advertisement a notice in the
language of the advertisement which contains the following statement or
translation of the following statement if the advertisement is not in English:�
"I am not an attorney licensed to practice law and may not give legal
advice about immigration or any other legal matter or accept fees for legal
advice."�
���� c.���� The State Treasurer
shall cancel and revoke the appointment of any notary public who fails to take
and subscribe the oath within three months of the receipt of the commission and
any appointment so canceled and revoked shall be null, void and of no effect. A
commission authorizes the notary public to perform notarial acts.� The
commission does not provide the notary public any immunity or benefit conferred
by the law of this State on public officials or employees.
����
d.��� The State Treasurer
shall provide each member of the Legislature with access to the certificates of
commission and notice described in subsection b. of this section.�
����
e.���� It shall be the
responsibility of the applicant to ensure that within 30 days of the end of a
declared state of emergency, the oath of office recording fee is paid to the
clerk of the county.
(cf: P.L.2021, c.179, s.8.)
���� 2.��� This act shall take
effect on the 60
th
day after the date of enactment.
STATEMENT
���� 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.