2015 Notary Law Updates
| 2015 Adopted/Enacted Notary Legislation Page Last Updated: 02.23.2017 |
||||||||||||||||||||||||
EFFECTIVE:
|
|
ARIZONA - HB2407 Amends Arizona statutes dealing with initiative, referendum and recall petitions. Notary-related provisions include: • Prohibits the “Affidavit of Circulator” from being modified and invalidates any petition that contains a partial or modified affidavit. • Directs the Secretary of State to mark signatures ineligible if the date on which the petitioner signed the petition is before the date that the political committee’s statement of organization was filed or if the date on which the petitioner signed is after the date on which the affidavit was completed by the circulator and notarized. |
| |
|
ARKANSAS - HB1790 Amends and clarifies Arkansas law dealing with the procedure for local option election petitions. The bill creates a new statutory section addressing petitions to determine granting of licenses related to “intoxicating liquor.” Notary-related provisions include: • Establishes a Class A misdemeanor when certain persons, including those acting as a notary, knowingly: • Provides that petitions addressed by this new statutory section are not disqualified due to clerical or technical errors made by various parties including notaries public, when verifying the canvasser’s signature. Further provides that these petitions are not disqualified for failure of various parties including notaries public to sign their name exactly as it appears on their seal (if such signature is sufficient to verify the notary’s name). • Provides that lack of notarization, notarization by more than one notary, lack of a notary signature or notary seal, and a canvasser verification dated earlier than the date on which a petitioner signed the petition shall prevent a petition part and all signatures appearing on the petition part from being counted for any purpose. ----------------------------------------- ARKANSAS - SB743 Makes these statutory amendments affecting notaries public: • Makes a notary’s charging of a fee or fees optional instead of mandatory. • Allows notaries to charge not only fees for notarial acts (still $5 per act), but also fees for actual round-trip mileage that the notary travels to serve a customer. This travel fee must be calculated using the (current) federal rate for mileage reimbursement.* • Allows notaries public to submit a renewal application to the Secretary of State up to sixty calendar days prior to expiration of the existing commission. Previously, the time frame was up to thirty calendar days prior to commission expiration. ----------------------------------------- ARKANSAS - SB860 Amends Arkansas law dealing with voter initiatives, referenda and constitutional amendments. • Makes it a Class A misdemeanor for certain persons including a notary public to knowingly misrepresent the purpose and effect of a petition, or measure affected, for the purpose of causing a person to sign a petition. • Makes it a Class A misdemeanor for a notary public to fail to witness a canvasser’s affidavit in person, and to identify the signer through personal knowledge or (satisfactory) proof of identity. |
| |
| CALIFORNIA - AB 2747 Effective 01.01.2015 View this bill (scroll to Sec. 20) Restores the conduct violation and penalty for a willful violation of California Government Code section 8214.1(d), setting the penalty for such violation at up to $1500. ----------------------------------------- CALIFORNIA - SB 1050 Requires that on all acknowledgment, proof of execution and jurat certificates completed by a California notary public, a legible notice must appear in an enclosed box, stating that the acknowledgment, proof of execution, or jurat verifies only the identity of the individual who signed the document to which the notarial certificate is attached, and not the truthfulness, accuracy or validity of the document. The example provided in the bill places this box at the upper left corner of the notarial certificate. The language in this box reads: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.” ----------------------------------------- CALIFORNIA - SB 1467 Amends Section 22454 of California’s Business and Professions Code dealing with professional photocopiers. Current law requires at least one person involved in the management of a professional photocopier to be a licensed notary public. Senate Bill 1467 requires that person’s notary commission to remain valid during the 2-year period that the professional photocopier’s certificate of registration is effective. It further requires the person to notify the county clerk and provide an updated valid notary commission if the commission expires prior to the expiration of the certificate of registration. |
| |
|
FLORIDA - CS for SB526 • Gives the power to take verifications* of documents to persons currently authorized under Florida’s notary public laws to administer oaths in the performance of official, law-enforcement duties (law enforcement, correctional and correctional probation officers; and traffic accident investigation officers and traffic infraction enforcement officers). • Amends a portion of Florida’s notary public statute (Florida Statute 117.10) by allowing the law enforcement officers noted above to administer an oath either through “reliable electronic means,” or in the physical presence of the oath-taker, when engaged in the performance of official duties. “Reliable electronic means” is defined as the signing and transmission of a document through means that comply with criminal justice information system security measures. Further provides that an oath so administered is an acceptable method of document verification. |
| |
|
HAWAII - Administrative Rules Rule changes: Section 5-11-9 Section 5-11-10 Section 5-11-17 Section 5-11-18 Section 5-11-32 Addresses exam failure: If an applicant who fails the exam requests, pays for and reschedules another exam within 14 calendar days of failure notification, he/she need not submit a new application. Missing the 14 day window not only requires the applicant to pay for a rescheduled exam, but also to submit another application and pay the application fee again. Section 5-11-46
|
| |
|
IDAHO – SB1030 Corrects statutory references to the state agency that will provide a surety bond to state governmental notaries. That agency is Idaho’s Office of Risk Management in the Department of Administration. |
| |
|
LOUISIANA - HRC 218 The Louisiana Legislature requests the Louisiana State Law Institute to study and make recommendations for adoption of an electronic notary law. Also requested: • Recommendations for use of technology to execute notarizations when the signer is not physically present before the notary. • A written report and proposed legislation, if any, to be delivered to the Legislature by February 1, 2017. ----------------------------------------- LOUISIANA - HB 120 Resets dates relative to provisional notary commissions. Louisiana provisional notaries may perform certain notarial duties (with some exceptions) only within the course and scope of employment, and under the direction of a supervisor of the employer who is not also a provisional notary. Such employers cannot be those whose primary function is to provide notary services. • Persons residing in a parish with a population of less than 40,000—and who pass certain parts of the state notary exam administered between July 1, 2013 and August 1, 2017—may be provisionally appointed upon meeting all necessary requirements and qualifications. • Such provisional notary commissions will expire on August 1, 2017. Active provisional notary commissions will also expire on August 1, 2017 unless the notary has passed all sections of the state exam prior to that date. • The statutory provisions permitting appointment of provisional notaries also will expire August 1, 2017. -----------------------------------------LOUISIANA - SB 21 • Empowers the parish president of Natchitoches Parish to designate no more than two office employees to serve as ex officio notaries public. The parish president may suspend or terminate such an appointment at any time. Appointment as a parish ex officio notary is automatically terminated if the appointee ceases to be employed by the parish. • Authorizes these Natchitoches Parish ex officio notaries to only administer oaths, receive sworn statements, and execute affidavits and acknowledgements, all of which must pertain to the official functions of the parish president’s office. Further provides that these ex officio notaries may not charge fees for their notarial acts, and need not obtain a bond. |
| |
| MICHIGAN - SB 62 Effective 12.29.2015 View this bill Amends certain requirements for documents to be recorded with a Michigan register of deeds. Under current law, Michigan Compiled Laws (MCL) Section 565.201 requires that an instrument (document) conveying real property must include the original signature(s) or mark of the signer(s) in order to be accepted for recording by a Michigan register of deeds. Current law also exempts from this requirement documents that have been signed with a printed, typewritten or stamped signature. This bill expands the exemption to include documents that have been executed with an electronic signature, effectively authorizing registers of deeds to record them. Senate Bill 62 further amends current law by adding a certified copy of a death certificate to the list of documents that are exempt from the requirements of MCL 565.201. |
| |
|
MISSISSIPPI Amends the Mississippi Secretary of State’s administrative rule detailing when a notary shall not notarize, by adding that the notary must not notarize: When he/she has good reason to believe that the certification is desired for an unlawful or improper purpose. It is therefore the duty of the notary to examine the document, as may be necessary to establish that the requested notarization is appropriate and not contrary to public interest. -----------------------------------------
Removes extraneous wording from the Mississippi Secretary of State’s administrative rule that states when an Apostille is issued for purposes of authenticating the official signature and seal of a notary public. Adds new Rule 8.1.1, allowing the Secretary of State to refuse to authenticate a notarial act as follows: The Secretary of State may refuse certification for a document when it has good reason to believe that the certification is desired for an unlawful or improper purpose. It is therefore the duty of the Authentication Officer to examine the document, as may be necessary to establish that the requested authentication is appropriate and not contrary to public interest. |
| |
|
MONTANA The Montana Secretary of State has adopted administrative rules following this year’s enactment of the Revised Uniform Law on Notarial Acts (RULONA). Of note:
• A notary public must notify the Secretary of State within 30 calendar days of any change in the notary’s information on file with the Secretary of State, using a prescribed form. The rule specifies the information changes that require notification to the Secretary of State, including the notary’s use of electronic notarization technology. The rule further specifies that a name change requires the notary to file a surety bond rider (or other document if used by the surety company) reflecting the name change, and submit an example of the notary’s new official signature.1
• A notary public must notify the Secretary of State within 14 calendar days of being convicted of a felony or crime involving fraud, dishonesty or deceit; being found in any legal proceeding or disciplinary action to have acted fraudulently, dishonestly or deceitfully; or having a notary commission denied, revoked or restricted in a state other than Montana.
• The existing, required information elements to appear on a notary’s official stamp are now specified in the rule. A visible representation of the notary’s official stamp as it appears on a notarized paper record (document) must also appear on notarized electronic records.
• The rule provides additional requirements for performing notarial acts using real-time, two-way audio-video communications as authorized in Montana’s RULONA. Notably:
• The rule clarifies that, subject to the mandates and limitations of Montana law, a notary may charge a fee to travel to perform notarial acts.
• Existing Rule 44.15.101 concerning the application for a notary public commission is amended. Notably the application will collect the applicant’s personal email address; whether or not the applicant intends to provide electronic notarization services and if so, the tamper-proof electronic notarization technology the applicant will use; whether the applicant is a citizen or permanent legal resident of the United States; whether the applicant can read and write English; and whether the applicant has had certain criminal convictions or disciplinary actions taken against him or her in the 10 years preceding the application. In addition, the applicant must include with the application a certificate proving successful completion of a notary public examination approved by the Secretary of State.
• Existing Rule 44.15.104, Cancellation of Commission, is repealed as it contained language inconsistent with the recently enacted RULONA.
1Required whether the changed signature is the notary’s wet-ink signature for paper notarial acts, or one created utilizing electronic notarization technology.
----------------------------------------- MONTANA - SB 306 (If you wish to see ASN’s full summary of this bill, please email kathleen@asnnotary.org.) Adopts the Revised Uniform Law on Notarial Acts (RULONA, or “the Act”). Amends existing statutes, adds RULONA language and provisions, and repeals sections of current Montana notary law; authorizes the Secretary of State to promulgate rules to implement the Act*; provides for reciprocity with other states regarding notarial authority; unifies treatment of notarization requirements involving tangible (paper) and electronic documents, and tangible and electronic signatures; adopts electronic notarization; allows some notarizations under specific circumstances to be performed utilizing audio-video communications technology; and more. *Please note: administrative rules to implement this Act are pending and expected sometime in 2015. |
| |
|
NEVADA - AB 65 • Existing law prohibits persons with certain criminal convictions from becoming notaries public and provides for the revocation of the appointment of notaries public who are convicted of certain crimes. (NRS 240.010, 240.150) This bill clarifies that those convictions include a conviction that follows a plea of nolo contendere or no contest. Also prohibits the Secretary of State from appointing as a notary public a person whose previous appointment as a notary public in this State or another state has been revoked for cause. • Existing law prohibits a person who has not been appointed as a notary public from representing himself or herself as a notary public. (NRS 240.010) This bill expands the prohibition to include those persons whose appointment has expired or been suspended or revoked, and provides a civil penalty for such a violation. • Existing law requires that applicants for appointment as notaries public complete 4 hours of instruction relating to the functions and duties of notaries public. (NRS 240.018) This bill shortens the course to 3 hours and requires an examination. Also requires a person renewing his or her appointment as a notary public to retake the course, and allows the Secretary of State to require a notary public who has violated any provision of chapter 240 of NRS to retake the course. Also authorizes the Secretary of State to use an outside vendor to administer the course and examination, and makes similar conforming changes to the course and examination requirements for an electronic notary public. • Existing law requires the Secretary of State to issue, upon request and the payment of certain fees, an authentication to verify that: (1) the signature of a notarial officer on a document is valid; and (2) the notarial officer holds the office indicated on the document. This bill requires a request for authentication to include a statement signed under penalty of perjury that the document will not be used to: (1) harass a person; or (2) accomplish any fraudulent, criminal or other unlawful purpose. Also prohibits bringing a civil action against the Secretary of State on the basis that: (1) the Secretary of State has issued an authentication; and (2) the document has been used to harass a person or accomplish any fraudulent, criminal or other unlawful purpose. Provides that a person who uses a document for which an authentication has been issued for such unlawful purposes is guilty of a category C felony. • Existing law prohibits certain actions by notaries public. (NRS 240.075) This bill specifies that a notary public is prohibited from affixing his or her stamp to any document which does not contain a notarial certificate. • Existing law prohibits the use of the Spanish term “notario” or “notario publico” in any signage or advertisement by a notary public who is not also an attorney licensed to practice law in this State. (NRS 240.085) This bill extends the prohibition to the employers of notaries public, and requires the imposition of a civil penalty for violating such a prohibition. • Existing law requires that a person who wishes to register as a documentation preparation service must be a citizen or legal resident of the United States. (NRS 240A.100) This bill allows a person who holds employment authorization from the United States Citizenship and Immigration Services to register as a documentation preparation service. Also provides that an application for registration that is not completed within 6 months must be denied. Also prohibits the Secretary of State from registering as a document preparation service any person whose previous registration as a document preparation service in this State or another state has been revoked for cause. • Existing law exempts certain persons from registering as a documentation preparation service. (NRS 240A.030) This bill clarifies which nonprofit organizations are not required to register and adds collection agencies to the list of such persons. • Existing law requires that a document prepared by a documentation preparation service must include the name, address, phone number and registration number of the document preparation service. (NRS 240A.200) This bill deletes the requirement but requires a document preparation service to provide this information on any document on which the information is requested. Specifically authorizes the Secretary of State to inspect the documents required to be maintained by document preparation services to ensure compliance with the law. • Existing law authorizes the Secretary of State to adopt regulations prescribing procedures to prevent the filing of false or forged documents in his or her office. (NRS 225.083) This bill authorizes the Secretary of State also to adopt regulations prescribing procedures to prevent the filing of documents in his or her office that: (1) are fraudulent; (2) contain a false statement of material fact; or (3) are filed for the purpose of harassing or defrauding a person. -----------------------------------------NEVADA - SB 401 Revises Nevada’s notary law to state that it is unlawful for a person to violate any provision of Chapter 240 governing notaries public, including Section 240.085, Nevada Revised Statutes. This particular statute deals with requirements for Nevada notaries who are not attorneys and who advertise (using any form of communication other than a “single desk plaque”) their services in a language other than English. • Enables “any person” to file a complaint with the Secretary of State if he or she knows of a violation of any provision of Chapter 240 by a notary public or a person applying for a Nevada notary appointment. • Requires each person applying for appointment as a notary public to submit a declaration under penalty of perjury that he or she has not had an appointment as a notary public revoked or suspended in Nevada or any other U.S. state or territory. (This declaration is incorporated into the Nevada notary public application.) • Adds “licenciado” to the statutory list of terms that a non-attorney notary public may not use in any form of communication that advertises his or her services as a notary public. • Requires applicants for registration as a document preparation service to submit a declaration under penalty of perjury that the applicant has not had a certificate or license as a document preparation service revoked or suspended in Nevada or any other U.S. state or territory. • Adds “notario,” “notario publico,” and “licenciado” to the statutory list of terms that document preparation services may not use in advertising, letterhead, business cards or writings about services offered. • Enables “any person” to file a complaint with the Secretary of State if he or she knows of a violation of any provision of Chapter 240A (dealing with document preparation services) by a document preparation service or a person applying to be registered as one. -----------------------------------------NEVADA - SB 446 Current law provides that a notarial officer is a notary public or an officer authorized to perform notarial acts (judges, clerks or deputy clerks of court, a justice of the peace, any other persons that Nevada law authorizes, persons authorized by a federally recognized Indian tribe or nation). This bill clarifies that only Nevada’s notaries public must sign their certificates of notarial acts in the same manner as their signature that is on file with the Secretary of State. (Other notarial officers’ signatures are not filed with the Secretary of State.) |
| |
|
NEW YORK - AB 8974 • Implements the Immigrant Assistance Service Enforcement Act; increases fines imposed upon those who violate laws regarding immigrant assistance services; creates the Office for New Americans; and establishes the crime of immigrant assistance fraud. • Prohibits use of the terms “notario” and “notario publico” in any manner of advertising or communication aimed at persons in need of immigration assistance. The law recognizes the right of a duly commissioned, New York notary public to use the specific term, “notary public.” |
| |
|
OKLAHOMA - SB 173 Provides that the statutory limitation of 20 notarized absentee ballot affidavits in a single election does not apply to notaries public who notarize these ballots at their place of business, during normal business hours. The limitation does, however, apply to any agency or other entity that provides voter registration services as required by the National Voter Registration Act. ----------------------------------------- OKLAHOMA- SB 215 Creates a statutory requirement for certain applicant information elements that are currently collected on Oklahoma’s notary public commission application. Clarifies and adds other required information elements. Includes:
The bill also creates a time frame of no more than 60 days after being commissioned for notaries to file their oath of office, loyalty oath, official signature, official seal impression, and bond with the Secretary of State. The bill adds explicit statutory language that a notary public shall not perform any notarial act until the above items have been received and approved by the Secretary of State. Changes statutory language regarding the bond term requirement; the bond term will commence on the bond’s effective date (formerly the commission term’s effective date) and terminate on the commission’s expiration date. Requires the Secretary of State to provide, on its web site, blanks for bonds and the oath of office. Creates a new section of law that allows the Secretary of State to deny, refuse to renew, or revoke a notary public commission for specified conditions. |
| |
|
TENNESSEE - SB 888 This bill amends Tennessee’s statute dealing with notary recordkeeping. This statute was most recently amended in 2014. • Allows a notary public OR a notary public’s employer to demand and receive reasonable fees and compensation for notary services. • Requires a notary to keep records of all his/her “acts, attestations, protestations and other instruments of publication” if the notary OR his/her employer demands and receives fees for notary services. The notary’s records may be maintained in a well-bound book or in an “appropriate” electronic form. If no notary fees are demanded by the notary or his/her employer, then records are not required to be kept. While this recordkeeping requirement does not apply “If the notary or the notary’s employer demands and receives a fee for one or more services but does not separately charge a fee for the notary services,” American Society of Notaries recommends that records be kept if notary fees are charged by the notary of his/her employer, under any circumstances. • Provides that if the notary is an employee of a financial institution subject to Tennessee banking law, and the notary (or his/her employer) has charged fees and maintained records for services performed within the scope of the notary’s employment, then access to the records is governed by state or federal financial privacy laws, whichever is applicable. Further provides that if the notary is an employee of a financial institution but neither the notary nor his/her employer charges fees for services, then any records kept by the notary are considered the notary’s records unless the employing financial institution has a written policy stating that the records belong to the institution. Such records would then be subject to state and federal financial privacy laws, whichever is applicable. |
| |
|
TEXAS - HB 39 • Creates the Supported Decision-Making Agreement Act. Provides that a supported decision-making agreement “must be signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public.” • Provides language for such agreements, executed by an adult with a disability who wishes to appoint a decision-making supporter. Mandates that persons who receive a copy of a supported decision-making agreement or who are aware of the existence of one (this would include any notary who might officiate for one of these agreements) must report suspected abuse, neglect or exploitation by the supporter of the disabled adult who signed the agreement. ----------------------------------------- TEXAS - HB 2235 Amends Texas notary statutes dealing with eligibility to hold a commission, by requiring the Secretary of State to reject a notary application or revoke a notary commission if it is discovered, at any time, that an applicant or a commissioned notary is not eligible to serve. •Deletes “a final conviction for a crime involving moral turpitude” as a good-cause reason that the Secretary of State may reject an application or suspend or revoke a notary commission. ----------------------------------------- TEXAS - HB 2573 Amends statutory provisions dealing with unlawful, deceptive trade practices. • Prohibits translation into a foreign language of terms including “notary” and “notary public,” for their use in any written or electronic material to imply that a person is authorized to practice law in the United States when he or she is not. Streamlines the process that allows a district or county attorney to prosecute violations of this provision. |
| |
| |
|
WEST VIRGINIA - Administrative Rule 153-45, “Standards and Guidelines for Electronic Notarization” View ADMIN RULE 153-45 Rule 153-45 provides standards and guidelines for electronic notarization, including registering as an electronic notary public; minimum technological requirements; the required elements of an electronic notarization; adherence to all applicable rules governing notarial acts; and causes for denial, conditioning, suspension or revocation of an electronic notary public’s registration. Key provisions: • Provides definitions of key concepts associated with electronic notarization, including “capable of independent verification”; “electronic notary seal,” “electronic seal” and “registered electronic notary seal”; “electronic signature” and “registered electronic signature”; and “security procedure.” • Requires notaries to register their capability to perform electronic notarial acts with the Secretary of State, prior to notarizing electronically. This capability must be re-registered, if applicable, upon commission renewal. The term of registration is ongoing as long as the notary’s commission remains in effect or until the registration is terminated. The notary may terminate a registration of e-notary capability. No separate commission is required for electronic notarization. A notary may use more than one method to electronically notarize, but every method utilized must be registered with the Secretary of State. When registering the capability to e-notarize, a notary must describe, and provide information about, each separate means that will be used to produce an electronic notary signature, an electronic notary seal, or a single element combining both the electronic notary signature and seal. • Authorizes the following notarial acts to be performed electronically: acknowledgment; oath or affirmation; signature witnessing; certifying/attesting copies; and noting a protest of a negotiable instrument. • Requires physical presence of the signer before the notary for all electronic notarial acts, and that the signer seeking an electronic notarial act be personally known to the notary or identified through satisfactory evidence. Allows the notary to refuse to electronically notarize if he/she is not satisfied that: the signer is competent or has the capacity to execute the record; the signer is knowingly or voluntarily signing the record. • Requires the electronic notary to adhere to all applicable statutes and rules governing notarial acts. • Requires electronic notarial acts to include proper completion of an electronic notarial certificate. Lists the requirements of a proper electronic notarial certificate, which must appear and be completed in a language that is read, written and understood by the notary. Provides the requirements for electronic notarial certificate wording. The notarial certificate must include the notary’s registered electronic signature and registered electronic notary seal. The notary electronic seal must include the words “Official Seal,” “Electronic Notary Public” and “State of West Virginia”; the notary public’s name as it appears on his/her commissioning document; the notary public’s address as it appears on his/her commissioning document; the notary’s commission expiration date; an imagine of the West Virginia State Seal; and the commission or registration number of the electronic notary. • Requires an electronic notary’s registered electronic signature and registered electronic seal—or a registered single element that includes both the electronic signature and seal—to be attached-to or logically associated with a document’s electronic notarial certificate in such a way that: the registered e-signature and seal can be attributed to that notary; and any subsequent alteration of the certificate or underlying document prominently displays evidence of the alteration. The notary’s registered e-signature must also be unique to the electronic notary public, and capable of independent verification (any interested person may confirm the validity of the electronic notarial act and the electronic notary’s identity and authority through a publicly accessible system). At all times, the means of producing a registered e-signature and seal must be under the electronic notary’s sole control. An employer cannot use or control the means for producing the notary’s e-signature or seal or upon the employee notary’s termination, retain anything associated with the notary’s e-signature or seal—such as software, coding, disk, certificate, card, token or program—regardless whether the employer paid for any costs associated with the notary’s electronic notarization capability. • Clarifies that a notary may use a registered electronic signature for lawful, non-notarial purposes provided that neither the title “notary” nor any other indication of status as a notarial officer is part of the signature. However, neither a registered electronic notary seal nor any element containing the electronic seal may be used by the notary for any non-notarial purpose. • Authorizes use of an electronic journal. Electronic notaries may choose instead to use a bound (paper) journal. Paper notarial acts and electronic notarial acts may be recorded in the same journal, regardless which type of journal is being used. Electronic journals must feature a procedure utilizing a user name and password to gain access; feature non-modifiable entries that cannot be deleted; and a backup system to provide duplicate records if necessary. • Provides for evidence of authority of an electronic notarial act (electronic certificate of authority). • Provides grounds for the Secretary of State to deny, condition, suspend or terminate a notary’s registration of electronic notarization capability. • Provides various notification requirements. |
|
|
Your data is safe with us! (read our privacy and security policy)