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Law Updates

Dec  20,  2012  - Michigan
MI House Bill 5269 - The state of Michigan continues to focus on refining the penalties for committing misconduct and criminal acts as a Notary Public, a trend which began last year. HB 5269 provides that Notaries convicted of 2 or more “specified misdemeanors” within a 12-month period while commissioned or 3 “specified misdemeanors” within a 5-year period regardless of being commissioned shall have their commissions revoked by the Secretary of State.

Dec  11,  2012  - New York
NY Rules Implementing S 5672 - New administrative rule Section 200.1 implements S 5672, effective March 23, 2012, in listing the foreign terms a nonattorney Notary may not use in a foreign language advertisement for Notary services to mean or imply that he or she is an attorney. The new rule also provides the advertising disclaimer Executive Law 135-b requires to be posted in a non-English advertisement for Notary services in Simplified Chinese, Traditional Chinese, Spanish, Korean and Haitian Creole.

Nov  18,  2012  - Mississippi
MS Rules Implementing 2011 House Bill 599 - The final rules implementing House Bill 599 (Uniform Real Property Electronic Recording Act) permit Chancery Clerks to accept electronic documents for recordation in the land records. Entirely-electronic real property documents may be accepted provided the electronic notarizations have been performed by a Notary Public of a state that has enacted electronic notarization laws and published electronic notarization rules.

Nov  01,  2012  - Oklahoma
OK House Bill 2656 - House Bill 2656 broadens the definition of “electronic signature” to include a digital image or electronic copy of an original signature affixed to an original or certified copy of an original paper document.

Oct  01,  2012  - Connecticut
CT House Bill 5364 - House Bill 5364 defines and creates standards for performing copy certifications and modifies the definition of “notarial act” to include the specific types of notarization Notaries Public may perform.

Sep  23,  2012  - New York
NY Senate 2373A - New York paves the way for electronic recording of real property documents through the enactment of Senate 2373A.

Sep  19,  2012  - New York
NY Rules Implementing S 2373 - The final rules implementing Senate 2373, which was enacted last year and permits county recorders to accept electronic documents for recordation in the land records, requires electronic signatures used by Notaries to conform to four key standards as espoused by the Model Notary Act of 2010 and the National Association of Secretaries of State Electronic Notarization Standards. In addition, the rules specifically require Notaries to electronically notarize only when the signer of the electronic document affecting real property is in the Notary’s physical presence and can be identified as required by New York state law.

Aug  29,  2012  - Pennsylvania
PA House Bill 1026 - Under current law in Pennsylvania, only judicial officers, clerks of court and such other personnel of the system and jurors as may be designated by or pursuant to general rules may administer oaths and affirmations and take acknowledgments. An acknowledgment may be taken by a member of the bar of the Supreme Court of Pennsylvania. HB 1026 allows each retired or senior judge to have the powers to take acknowledgments and administer oaths provided six requirements are met.

Aug  23,  2012  - Oklahoma
OK Senate Bill 1466 - Senate Bill 1466 requires a Notary to keep a record of all absentee ballot affidavits that he or she notarizes for at least two years after an election and provides that a Notary may not notarize more than twenty absentee ballot affidavits without written approval of the county election board secretary. The bill also prohibits Notaries Public from requesting or submitting absentee ballots on behalf of another voter, assisting another voter who is not a member of his or her household in requesting absentee ballots or receiving an absentee ballot on behalf of such a person.

Aug  08,  2012  - Colorado
CO House Bill 1274 - House Bill 1274 implements new requirements for Notary seals and journal entries, provides that the Secretary of State may require commission applications and renewals to be submitted electronically, clarifies the disciplinary actions the Secretary may take against Notaries and requires Notaries to notify the Secretary of a change of business or residential address.

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