SummaryNebraska Governor Ricketts waives the July 1, 2020, operative date for the Online Notary Public Act that was enacted in 2019 so the Secretary of State can immediately implement the Act in an executive order issued during the COVID-19 state of emergency.
AnalysisDuring the COVID-19 crisis, a few states, including Nebraska, found themselves in a holding pattern. They had enacted remote online notarization statutes, but these new laws had delayed effective or implementation dates. Unfortunately, a worldwide pandemic does not respect future effective dates enacted in legislation. The solution, at least for Nebraska and states like it, is to suspend the effective date. In Nebraska's case, that date is July 1, 2020. The NNA takes the Governor's action to mean that with the suspension the Secretary of State can get the wheels moving more quickly so that remote online notarizations can be performed as soon as possible. We know that the Secretary of State has proposed rules for remote online notarization. We also know that the Governor's executive order indicates that the Governor on April 2, 2020, will approve the Secretary's emergency regulations which will authorize the Secretary to carry out the majority of the provisions of the Online Notary Public Act beginning on April 2 and ending on June 30. The NNA will issue another new law update to mark the approval of these emergency regulations.
Read the executive order.