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Law Updates

Oct  01,  2013  - Nevada
NV Senate Bill 419 - SB 419 authorizes Notaries Public in good standing with the Secretary of State to apply for a certificate of permission to perform marriages with the clerk of the county in which the Notary resides. Upon being granted a certificate, the Notary may perform marriages for any couple who presents a valid marriage license issued by any clerk of a Nevada county. In addition, SB 419 allows Notaries to apply with the county clerk up to five times per year to perform a specific marriage. The authority to perform a specific marriage would be for those Notaries who have not applied for a certificate of permission to perform marriage ceremonies.

Oct  01,  2013  - Connecticut
CT House Bill 5513 - HB 5513 sets restrictions on Notaries from performing immigration-related matters that constitute the unauthorized practice of law.

Sep  18,  2013  - Maine
ME House Bill 1089 - Maine H 1089 allows judge advocates and paralegals serving in Maine’s military forces to exercise the duties of a Notary for any member or spouse of the state’s military forces or the U.S. armed forces without having to be commissioned as a Maine Notary. These officers may not charge fees for the notarizations they perform.

Sep  01,  2013  - Oregon
OR House Bill 2834 - Oregon becomes the third state to enact the Revised Uniform Law on Notarial Acts (RULONA). HB 2834 comprehensively rewrites all of Oregon’s Notary Statutes, pulling in existing law and supplementing it with the new RULONA provisions.

Sep  01,  2013  - Oregon
OR Administrative Rules (RULONA) - Under the Revised Uniform Law on Notarial Acts (RULONA) enacted by chapter 219, Oregon Laws 2013, the Oregon Secretary of State is authorized to publish administrative rules to implement the RULONA covering any provision in the RULONA, including electronic notarization. Administrative rules carry the force of law, except they do not have to be enacted by the Oregon legislature. Following a public comment period, the Oregon Secretary of State published its permanent rules to implement the RULONA on September 1, 2013.

Aug  22,  2013  - Arizona
AZ Senate Bill 1094 - Senate Bill 1094 makes it a class 1 misdemeanor, the highest type of misdemeanor, to willfully impersonate a Notary Public. The bill also makes it a class 6 felony, the lowest type of felony, for any vendor of Notary seals to produce a seal without obtaining and retaining a copy of the Notary’s commission for 4 years.

Aug  21,  2013  - Arkansas
AR Senate Bill 807 - Senate Bill 807 makes a number of changes affecting the commissioning process and practice of Notaries in the state, including statements an applicant must make on the application for a commission and clarifying the color of ink Notaries must use in signing and sealing notarial certificates.

Aug  09,  2013  - New Jersey
NJ Assembly Bill 3818 - The “federal E-sign” act and the state Uniform Electronic Transactions Act are intended to facilitate the use of electronic records and signatures in commerce by ensuring the validity and legal effect of contracts entered into electronically. Under the “federal E-sign” act, the definition of “transaction” specifically includes the sale, lease, exchange or other disposition of any interest in real property, or any combination thereof. AB 3818 amends the State UETA to include similar language.

Jul  31,  2013  - Iowa
IA Administrative Rule (Certificates and Sanctions) - The Iowa Secretary of State amends its administrative rules for Notaries in light of its enactment of the Revised Uniform Law on Notarial Acts (RULONA).

Jul  19,  2013  - Arkansas
AR Senate Bill 1137 - Senate Bill 1137 creates a “scrivener’s affidavit” for the purpose of correcting certain errors in documents affecting the title to real property that are recorded with a county recorder. The scrivener’s affidavit is required to be sworn and acknowledged before a Notary or notarial officer. The bill contains a statutory scrivener’s affidavit form.

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