LegislationApr 27, 2009 - Colorado
CO House Bill 09-1198 - Colorado enacts the Uniform Power of Attorney Act (UPOAA). If a power of attorney is presented for notarization, a Notary will need to know that a signer may sign the power of attorney or may direct another person to sign it for him or her. The Act doesn’t require a power of attorney to be notarized, but a court will presume the signature to be genuine if it is acknowledged before a Notary or an officer authorized to take acknowledgments.
Executive OrderApr 08, 2009 - Rhode Island
RI Executive Order 09-08 - An executive order issued by Rhode Island Governor Donald Carcieri advises Notaries to follow an extensive list of best practices in the performance of their duties. While this “advisory code of conduct” does not supersede any existing law, administrative regulation or court rule, the standards will help Notaries uphold the public trust and will be considered by the Governor in the appointment, reappointment and removal of Notaries from their office.
LegislationMar 16, 2009 - Virginia
VA Senate Bill 833 - In 2007, Virginia enacted a sweeping new electronic notarization bill with an effective date of July 1, 2008. The effective date was postponed due to the lack of standards for electronic notarization. Senate Bill 833 authorizes the Secretary of the Commonwealth to develop these standards in consultation with the Virginia Information Technologies Agency. The Act also declares that any electronic notarization performed in conformance with the Uniform Electronic Transactions Act that appears on its face to be properly notarized shall be presumed to have been notarized in accordance with Virginia law and rule.
LegislationFeb 01, 2009 - Delaware
DE Senate Bill 246 - Senate Bill 246 implements important new provisions for both paper-based and electronic notarial acts, including new identification procedures and comprehensive standards for electronic signatures, seals and journals. Certain electronic notarization provisions are innovative and may prove to be controversial. Some paper-based sections of Chapter 43 are little changed by the new law, including sections based upon the Uniform Law on Notary Acts that contain five short-form Notary certificates.
LegislationJan 01, 2009 - Hawaii
HI House Bill 2920 - House Bill 2920 aims to reduce frauds associated with notarized documents by defining certain offenses and prescribing fines for violations. This new law also penalizes a Notary for including as an element of the official seal any other information but the Notary’s name and the words “Notary Public” and “State of Hawaii,” but the Attorney General has indicated that this provision will not be enforced, because it conflicts with the new Administrative Rule requiring a commission number in every Notary seal.
LegislationJan 01, 2009 - Louisiana
LA Senate Bill 37 - Senate Bill 37 extends the existing provisions for appointing ex-officio Notaries to act for and on behalf of municipal police departments by granting authority to any mayor of a municipality of less than 5,000 to make such appointments.
LegislationJan 01, 2009 - California
CA Assembly Bill 2452 - Assembly Bill 2452 adds a new form of written identification to the list of state-approved IDs a Notary may accept to identify document signers and changes the requirements for identifying subscribing witnesses. Whereas previously a Notary could identify a subscribing witness based upon the Notary’s personal knowledge or a credible witness personally known to the Notary, AB 2452 now requires a subscribing witness to be identified by one credible witness who presents a state-approved ID card as identification.
LegislationNov 01, 2008 - Oklahoma
OK House Bill 2587 - Oklahoma enacts the Uniform Real Property Electronic Recording Act effective November 1, 2008, and tasks the Archives and Records Commission with creating technical standards to implement the Act.
LegislationOct 01, 2008 - Connecticut
CT House Bill 5535 - Connecticut enacts the Uniform Real Property Electronic Recording Act effective October 1, 2009, and repeals a previous provision from the state’s Uniform Electronic Transactions Act disallowing certain real property transactions from being conducted using electronic means.
LegislationAug 15, 2008 - Louisiana
LA Senate Bill 285 - Senate Bill 285 transfers from the local parishes to the Secretary of State all remaining duties involving the commissioning of Notaries. The bill also clarifies many procedures related to the application process and procedure for appointments issued by the advice and consent of the Senate. (Keep in mind that all Louisiana Notaries are attorney-like, civil law officers who are unique in the United States.)