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AUG 1, 2010
North Dakota

SENATE BILL 2322 — Senate Bill 2322 prohibits a Notary from notarizing any signature without positively identifying the signer. SB 2322 authorizes the Secretary of State to deny, revoke or suspend the commission of a Notary for violating any provision of Chapter 44-06 (“Notaries Public”) of the North Dakota Century Code and to adopt rules governing the signing and submission of electronic documents with a state agency. It also prohibits a Notary from notarizing a petition filed as a prerequisite to the calling of an election or for the performance or prohibition of any act under Section 1-01-50 of the North Dakota Century Code if the petition contains the Notary’s or the Notary’s spouse’s signature.
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JAN 1, 2010
Oregon

HOUSE BILL 2085 — House Bill 2085 initiates important new changes in how Oregon Notaries identify document signers. The new law names four types of identification document that constitute satisfactory evidence of identity; clarifies that when one of these four IDs is not presented a Notary may accept a current ID issued by the U.S. federal government or a state, county, municipal or other local government and containing a photograph, signature and physical description; and repeals provisions allowing Notaries to accept two forms of identification and a signature card if the document signer is a customer of a financial institution. HB 2085 also permits Notaries to enter into an agreement to remit fees to a private employer and public bodies to collect fees charged by employees for notarial services.
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JAN 1, 2010
Oregon

REVISED ADMINISTRATIVE RULES — Chapter 194 of the Oregon Statutes authorizes the Secretary of State to issue administrative rules to carry out the purposes of Oregon’s Notary laws. House Bill 2085 of 2009 made changes to the laws prescribing the forms of written identification a Notary may accept as satisfactory evidence and authorizing the Secretary by rule to raise the maximum fees a Notary may charge for notarial acts to $10. The new and amended rules reported in this New Law Alert clarify the meaning of terms in the new satisfactory evidence law and raise the fees a Notary may charge for the specified notarial acts to $10. New rules also increase the fees the Secretary of State may charge for issuing a duplicate commission and Certificate of Authorization to Obtain Official Seal, and direct the Secretary to charge the public $10 for each notarial act performed by an employee-Notary of the Corporations Division.
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JAN 1, 2010
Utah

SENATE BILL 40 — In 2008, Utah enacted a law specifying types of ID that are not acceptable as satisfactory evidence of identity for Notaries and other governmental use. A driving privilege card was specifically named. SB 40 redefines more clearly than before who the holders of driving privilege cards would be.
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OCT 11, 2009
California

SENATE BILL 94 — SB 94 prohibits any person (including a real estate licensee or California attorney) from offering or negotiating foreclosure rescue or loan modification services where an advance fee is charged before performing all services provided in the contract. The law also requires a written notification be included in the contract to inform homeowners that the services of these intermediaries are not required.
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