2016 Notary Law Updates
| 2016 Adopted/Enacted Notary Legislation Page Last Updated: 04.21.2017 |
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CALIFORNIA - AB 778 • Allows a California county recorder to furnish certified copies of certain military records in response to a written, faxed or digitized image of a request accompanied by a notarized statement that the requester is either (1) the person who is the subject of the record(s); (2) a family member or legal representative of that person (requires photo identification and certification of the person’s relationship to the subject of the record); (3) a county office that provides veterans’ benefits services; (4) or a federal official. • Requires faxed or digitized images of the notarized statement to be “legible.” • Provides circumstances under which the county recorder must refuse to provide the requested certified copies: “If the notary’s seal is not photographically reproducible, or does not show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment.” (NOTE: these are the same statutory requirements that determine whether a notary’s acknowledgment is “complete” for purposes of recording the related, notarized document; see California Gov’t Code Section 27201.5(a)).
• Expands the forms of identification a California notary public may accept to satisfactorily identify a person. Effective January 1, 2016, a California notary may also accept “any” form of inmate identification issued by a sheriff’s department, that is current or issued within the previous 5 years, provided that the person to be identified is an inmate in custody in a local detention facility. |
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COLORADO-HB 1391 This bill creates new provisions in Colorado Revised Statutes to address non-attorneys engaging in deceptive trade practices in immigration services. The bill:
• Prohibits persons from engaging in the practice of law in an immigration matter for compensation, unless the person is licensed or otherwise authorized to practice law in Colorado (pursuant to Colorado Supreme Court rules and Colorado Revised Statutes); or the person is authorized under federal law to represent others in immigration matters (whether acting through a charitable organization or otherwise).
• Establishes that an unauthorized person who engages in certain acts connected to immigration matters is engaging in a deceptive trade practice, and specifies numerous such deceptive trade practices by unauthorized persons. Among these: preparing documents for, or otherwise representing the interests of, another person in a judicial or administrative proceeding in an immigration matter; explaining, advising, or otherwise interpreting the meaning or intent of a question on a government agency form in an immigration matter; selecting, drafting, or completing a legal document affecting the legal rights of another person in an immigration matter.
• Establishes that an unauthorized person engages in a deceptive trade practice in an immigration matter if he or she represents, in any language, that he or she is a notario publico, or other title or designation, that conveys or implies the unauthorized person possesses professional legal skills or expertise in the area of immigration.
• Excludes the activities of non-attorney assistants, who are acting under the supervision of either a Colorado attorney or a person authorized under federal law to represent others in immigration matters, from the prohibitions established by HB 1391.
• Provides the immigration-related assistance activities that may be performed by a person who is neither a Colorado attorney nor authorized under federal law to represent others in immigration matters.
• Amends the non-attorney disclosure language in Colorado Revised Statutes Sec. 12-55-110.3 by adding, “I am not an immigration consultant, nor am I an expert on immigration matters. If you suspect fraud, you may contact the Colorado Attorney General’s Office or the Colorado Supreme Court.”
• Prohibits non-attorney Colorado notaries from engaging in a deceptive trade practice pursuant to CRS Section 6-1-727 (newly created by this bill).
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COLORADO - HB 1192 This bill effectuates a non-substantive recodification of state sunset review provisions. It resets until July 1, 2018 the appointment of Colorado notaries public through the Secretary of State.
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DELAWARE - HB 276 This bill strikes the “special notary public” appointment and function of the Delaware County Comptroller of Sussex County.
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DISTRICT OF COLUMBIA - B112 Enacts the “Notary Public Fee Enhancement Amendment Act of 2016.” Increases the fee a District of Columbia notary may charge for his or her notarial acts, by providing that:
----------------------------------- DISTRICT OF COLUMBIA Following delegation of notary public rule-making authority by the District of Columbia Mayor, the Secretary of the District of Columbia has substantially rewritten Title 17, Chapter 17-24, D.C. Municipal Regulations, dealing with notaries public. The new rule reflects technical corrections necessitated by the delegation of rule-making authority, revises and rearranges existing provisions, creates new provisions and deletes some provisions.
Notable revisions or additions:
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FLORIDA - SB 112 This bill amends Florida notary statute F. S. 117.05, which specifies that a notary may not charge a fee for witnessing an absentee ballot in an election. The bill changes the term “absentee” ballot to “vote-by-mail” ballot.
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FLORIDA This is a technical revision to existing Administrative Rule 1N-5.002 that incorporates, by reference, the U.S. National Institute of Standards and Technology (NIST) Special Publication 800-63 (NIST800-63), Electronic Authentication Guideline Version 1.0.2, and updates the URL where this document may be accessed online.
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FLORIDA - HB 7071 This bill amends Florida Statute 838.022 dealing with official misconduct/misuse of public office, by making public contractors also subject to this law. A section of Florida’s notary law, F. S. 117.01, gives “Official misconduct as defined in s. 838.022” as a reason that the Governor may suspend a notary public. As such, this bill reenacts F.S. 117.01, giving both F.S. 117.01 and F.S. 838.022 the same historical revision date. This clarifies that, moving forward, F.S. 117.01’s reference to F.S. 838.022 contemplates the newly revised wording of that statute.
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GEORGIA - HB 811 This bill removes numerous references to “building and loan associations” from the Georgia Code, including removal of this term from a statute dealing with notaries public, as follows:
§ 7-1-788. Notaries and other officers not disqualified by interest in association; validation of prior instruments
No notary public or other public officer shall be disqualified from taking the acknowledgment of or witnessing any instrument, in writing, in which a |
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HAWAII - SB 2910 This bill’s purpose is to clarify the lieutenant governor’s rulemaking authority; authorize the lieutenant governor to assess and collect fees and administrative fines; clarify the lieutenant governor’s responsibility for the commissioners of deeds program; increase the surety bond requirement for commissioners of deeds; and appropriate funds for expenses incurred by the office of the lieutenant governor related to establishing and administering the commissioners of deeds program.
• Gives the lieutenant governor authority to adopt rules to implement Chapter 503B, Hawaii Revised Statutes, dealing with time share commissioners of deeds. Subjects addressed by rules include but are not limited to the appointment and duties of commissioners of deeds, and measures intended to prevent “fraudulent use of a document affixed with the commissioner of deeds’ seal.” • Provides a schedule of fees the lieutenant governor may collect for administration of the commissioner of deeds program. Authorizes the lieutenant governor to adjust these fees by administrative rule.
• Establishes administrative fines the lieutenant governor may impose on commissioners of deeds, and the conditions that make a commissioner of deeds subject to a fine. Authorizes the lieutenant governor to adjust these fines by rule.
• Transfers, from the governor to the lieutenant governor, authority to appoint commissioners of deeds and remove them from office.
• Clarifies that a commissioner of deeds may officiate on documents connected to: a time share interest; any property subject to a time share plan; or the operation of a time share plan that includes any property located within the state PROVIDED that such documents are executed in international waters or in territorial waters of the United States (or outside of the 50 states and the District of Columbia).
• Provides that if a commissioner of deeds officiates while in international waters or U.S. territorial seas, he or she may charge fees NO higher than those authorized for Hawaii notaries.
• Raises the mandatory bond for commissioners of deeds from $1000 to $10,000.
• Appropriates money from Hawaii’s general revenues to fund a commissioner of deeds specialist and expenses incurred by the lieutenant governor for administering the commissioner of deeds program.
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ILLINOIS - HB 2797
• Authorizes the Secretary of State to establish and maintain an online notary application system, with security measures that ensure the accuracy and integrity of notary public applications submitted through it.
• Authorizes the Secretary of State to match online application information against state driver license and identification card databases, so that the notary applicants’ digitized signatures held in these databases may be received by the Secretary for purposes of completing (“signing”) online notary applications.
• Requires applicants for an Illinois notary commission to fill-in their name and residence address as they appear on their current state driver license or state-issued identification card, and to provide a date of birth.
• Provides required information elements for the online application. In addition to all information required for the paper application, the online application must require the applicant to provide: the applicant’s full Illinois driver license or identification card number and the date of issuance; the applicant’s email address; and the applicant’s click-signed, unsworn declaration, which includes the applicant’s consent to the Secretary’s use of the applicant’s digitized signature, obtained from one of the aforementioned databases.
• Applicants submitting a paper application must complete the application’s oath in the presence of a notary. Online applicants will complete the oath electronically, which will have the same force and effect as an oath sworn before a notary.
• Requires electronic confirmation notices to be sent to the notary online applicant at key points: upon receipt of a completed online application by the Secretary of State; and upon completion of the Secretary’s cross-reference check of the application information against the state’s driver license or identification card databases. The latter email confirmation will inform the applicant whether or not the information provided in the notary online application matches information held in the databases.
• Allows the Secretary of State to release photographs and signatures obtained in the process of issuing a driver's license, permit, or identification card to officers and employees of the Secretary who have a need to have access to the stored images for purposes of issuing and controlling notary public commissions and for the purpose of providing the signatures required to process online applications for appointment and commission as notaries public. |
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INDIANA - SB 81 Currently, Indiana’s justices and judges of courts are authorized to administer oaths and affirmations “within their respective jurisdictions.” This bill allows Indiana justices and judges of courts to administer oaths and affirmations “anywhere in Indiana.”
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IOWA - SB 2111 Amends Iowa’s notary law by exempting peace officers and law enforcement officials from acquiring or using an official notary stamp when administering oaths or taking acknowledgments. (Elsewhere in Iowa law, these officers are authorized to administer oaths and take acknowledgments.)
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| KENTUCKY - SB 214 Bill effective 07.15.2016 View this bill This bill removes the statutory cap on fees that Kentucky notaries are allowed to charge. It also adds members of the National Guard or a reserve component, or active members of the Air Force and Coast Guard, to the list of persons who may not be charged a fee for a jurat executed by a notary public.
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LOUISIANA - HB 456 Amends existing law dealing with revocation or suspension of a notarial commission or authority to exercise notarial powers.
Clarifies that a notary who is not an attorney may have his or her notarial commission and powers revoked or suspended when it is found that the notary officially certified as true something he or she knew or should have known to be false.
In cases of a notary’s failure to maintain registered voter status or upon conviction of a felony, existing law is amended to provide that the Secretary of State may notify the district attorney of the notary’s parish, or the attorney general, in order to initiate a rule to show cause to revoke the commission.
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LOUISIANA - HB 602 • Raises the notary exam fee from a fee not to exceed $75, to a set fee of $100. • Sets the price the Secretary of State charges for the notary exam study guide at $100 (instead of a fee for the actual cost not to exceed $100).
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LOUISIANA - HB 709
Authorizes Louisiana’s commissioner of insurance to appoint up to six Department of Insurance employees as ex officio notaries public. These ex officio notaries may “exercise the functions of a notary public only to administer oaths and receive sworn statements and shall be limited to matters within the official functions of the Department of Insurance. They shall use the official seal of the Department.” These Department of Insurance ex officio notaries may not charge a fee or accept other compensation for their acts.
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LOUISIANA - SB 381
Authorizes the chief of police, Causeway Police Department, to designate 10 officers of the Department as ex officio notaries public. These ex officio notaries may “exercise, within the jurisdictional limits of the Causeway Police Department, the functions of a notary public only to administer oaths and to execute affidavits, acknowledgments, and traffic tickets, all limited to matters within the official functions of the department.” The acts of these ex officio notaries may be performed only in the parishes in which the Causeway Police Department has jurisdiction, and no fee or other compensation may be received for such acts.
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LOUISIANA - HB 836 Changes statutory provisions dealing with application for, and issuance of, marriage licenses in Louisiana.
• Provides a new, statutory form for the marriage license application (until 1.1.16, marriage license applications are on a form provided by the state registrar of vital records).
• Requires that the new application be sworn to and signed by both parties before a notary public, deputy clerk or deputy registrar, and provides specific language for the sworn statement (to be incorporated into the new application).
• Clarifies that the marriage license applicants are not required to execute the application at the same time, “provided that each applicant executes the application before a notary public….”
• Provides circumstances allowing only a co-applicant to sign the marriage license application, if one or both applicants are members of the armed forces.
• Allows for issuance of marriage licenses under specific, extenuating circumstances.
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MARYLAND - COMAR 01.02.08.04 Reduces, from $20 to $9, the fee payable to the Secretary of State for processing a new or renewing notary commission application.
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MISSOURI This rule provides definitions and the process for use of electronic signatures and seals by Missouri Notaries Public, as authorized by Senate Bill 932 (see June 2016 Notary Law Alert, Addendum report).
Of note:
• When performing an electronic notarial act, a Missouri Notary Public must adhere to all applicable Missouri Notary laws. The rule specifies that principals (document signers) must appear in person before the Notary Public for performance of an electronic notarial act.
• Notaries Public wishing to use an electronic signature and seal in performance of a notarial act must first provide written notice to the Commissions Division of the Missouri Secretary of State’s Office.
• The Notary Public’s electronic signature is defined as a symbol executed with technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. This symbol’s appearance must match the Notary’s signature on file with the Secretary of State. The Notary’s electronic signature must be attached to or logically associated with a notarized electronic record, and executed or adopted by the Notary with the intent of signing the record. The Notary’s electronic signature must also be capable of independent verification, meaning that any interested person may confirm the validity of a Notary Public’s identity and authority through a publicly accessible system.
• The Notary Public may use an electronic seal in the performance of an electronic notarial act, in the form of “an electronic representation of a notary’s seal.” The Notary’s electronic seal must contain all the required seal information elements and meet all other statutory requirements for a notary seal. (If the Notary does not use an electronic seal as defined by the rule, then under current law the Notary’s seal information must be attached to or logically associated with his or her electronic signature or the electronic record.)
• The Notary’s electronic signature and seal must contain the Notary’s name exactly as it appears on his or her commission. Any system used to produce the Notary’s electronic signature and seal must be kept under the Notary’s sole control, meaning in the direct physical custody of the Notary or safeguarded by the Notary with a password or other secure means of authentication.
• In performing an electronic notarial act, the Notary must complete an electronic notarial certificate. The electronic notarial certificate is defined as the portion of a notarized electronic document that is completed by the Notary Public, bears the Notary’s electronic signature and electronic seal, and meets all other Missouri statutory requirements for notarial certificates. The Notary’s electronic notarial certificate is attached to or logically associated with his or her electronic signature and seal.
----------------------------------- MISSOURI - SB 932 Please note: Revised Statutes of Missouri is abbreviated below as “RSMO.”
Notary Seal-Related Provisions:
• Requires the Secretary of State to maintain a database that includes (but is not limited to) information contained on each Missouri notary public’s current seal, as well as the information contained on any lost notary seal. (RSMO 486.245 [2])
• Requires notary seal manufacturers to register with the Secretary of State, and to notify the Secretary of State upon issuance of a Missouri notary public seal. Establishes that the Secretary of State must approve every notary public seal issued within 10 days of the manufacturer’s notification that a seal has been issued. (RSMO 486.285 [1])
• Requires seal manufacturers to maintain in their records a copy of the commission for every notary public to whom the manufacturer has issued a seal. (RSMO 486.285 [2])
• Establishes that violation by a seal manufacturer of any provisions of Section 486.285, Revised Statutes of Missouri, subjects the seal manufacturer to a $1000 fine for each violation. (RSMO 486.285 [3])
Notary’s Electronic Signature Provisions:
• Authorizes a Missouri notary to perform acknowledgments and oaths/affirmations (verifications) using an electronic signature to complete the notarial certificate. The notary’s electronic signature must be attached to or logically associated with the notarized signature or record. (RSMO 486.275 [2])
• Requires the Secretary of State to promulgate rules to implement RSMO 486.275, which contains the newly enacted provisions on a notary’s electronic signature. (RSMO 486.275 [3])
Other Provisions:
• Requires a notary to immediately notify the Secretary of State, in writing, upon losing or misplacing his or her journal or official seal. Requires the Secretary of State, upon receiving such written notice, to issue the reporting notary a new commission number to be used for ordering a new seal. Allows the Secretary of State to post (on the Secretary’s web site) notice to the general public that a specific official notary seal reported as lost or misplaced is invalid, as is the notary commission number associated with the lost or misplaced seal. (RSMO 486.305 [1])
• Requires a notary to immediately provide the Secretary of State with written notice should the notary’s official seal be destroyed, broken, damaged, or otherwise rendered inoperable. (RSMO 486.305 [2])
• Requires a notary public who is resigning his or her commission to submit to the Secretary of State a letter of resignation and his or her notary seal. Allows the Secretary of State to post (on the Secretary’s web site) notice to the general public when a person ceases to be a commissioned Missouri notary public. (RSMO 486.310 [1])
• Requires a notary public seeking an amended commission to submit, to the Secretary of State, his or her notary seal unless the existing seal is altered by a registered seal manufacturer, in a manner that complies with the requirements of RSMO 486.285. (RSMO 486.310 [2])
• Establishes that acting as or impersonating a Missouri notary public, by persons who are not lawfully commissioned as one, is punishable as a class E felony when such fraudulent act or impersonation involves property. (RSMO 486.375)
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NEW JERSEY - NJAC 17:35 Provides that 8.5 business hours is the timeframe for completion of “expedited service” requests for a notary Apostille or certification.
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PENNSYLVANIA - HB 665 Clarifies that in order for a Pennsylvania attorney to take the acknowledgment of a power of attorney pursuant to 42 Pa. C. S. Sec. 327(a), the attorney taking the acknowledgment cannot act as one of the two witnesses required for execution of the power of attorney.
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RHODE ISLAND -SB 2534 Eliminates the requirement that applicants for a Rhode Island notary commission be qualified electors of the state. Amends notary qualifications to allow Rhode Island residents or non-residents who conduct business within Rhode Island on a regular basis to apply for a commission. Applicants must be at least 18 years of age.
The bill does not change the notary commission qualifications that currently apply to attorneys and accountants.
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SOUTH DAKOTA - SB 49 Increases the fee the South Dakota Secretary of State may charge for notary authentications and Apostilles, from $5 to $25.
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SOUTH DAKOTA • Increases the fee for filing a South Dakota Notary Public Application, Oath & Bond form, from $25 to $30.
• Revises the Notary Public Application, Oath & Bond form to:
> Clearly indicate that the applicant’s notary seal imprint must be affixed to the application form for processing. > Require entry on the form of the applicant’s phone number, mailing address and physical address. > Allow for the optional entry of the applicant’s email address. > State that the application’s entire Bond section (if applicable) must be completed. > Indicate that both the applicant’s and Bond Surety’s signatures must be included on the form. > Clarify that the Personal Surety (if applicable) must be an individual, not a business. • Amends the format of the “Notary Public Request to Change Record” form by:
> Adding a blank for the notary’s date of birth. > Enabling use of the form by the notary to report a changed physical address. |
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TEXAS Comprehensive rearrangement of Texas Administrative Code provisions relating to notaries public. Some prior language is repealed, some is relocated to a different section number, some language is new. Click “View these rules…” for a complete report.
TEXAS - HB 1683 • Requires the Texas Secretary of State to issue an identifying number to each notary public commissioned on or after January 1, 2016,* and retain a record of these numbers. • Requires the Secretary to include the notary’s identifying number with the other information that Texas law states the Secretary must provide to each notary upon commission issuance. • Requires the official seal of a notary public commissioned on or after January 1, 2016 to include the notary’s identifying number. Retains the other, existing required seal elements (Notary Public, State of Texas around a star of five points; the notary public’s name; and the notary’s commission expiration date). *The Texas Secretary of State already issues an identifying number to each notary, but this has been a voluntary practice to date. The practice becomes a statutory requirement on January 1, 2016. |
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VIRGINIA - HB 189 Amends existing law to require that all identification documents that a Virginia notary may accept as satisfactory evidence of a signer’s identification must be unexpired.
Specifies that a United States Passport Book and a United States Passport Card are authorized forms of satisfactory identification documents.
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WASHINGTON - SB 6491
Effective 06.28.2016 View this bill • Authorizes the Secretary of State to attest to the authenticity of the signature of a public official in the state of Washington. Also allows the Secretary of State to attest to the authenticity, or certify the signature of, a notary public except when the document regards allegiance to a government or jurisdiction; relates to the relinquishment or renunciation of citizenship, sovereignty, military status or word service authority; or sets forth or implies for the bearer a claim of immunity from the laws of the jurisdictions of Washington, immunity form the laws of the state of Washington, or immunity from federal law. • Authorizes the Secretary of State to adopt rules to implement these provisions.
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